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HISTORY 


EASTERN    VERMONT 


HISTORY 


OF 


EASTERN   VERMONT, 


FROM    ITS    EARLIEST    SETTLEMENT    TO    THE    CLOSE 
OF  THE  EIGHTEENTH  CENTURY. 


WITH  A  BIOGRAPHICAL  CHAPTER  AND  APPENDIXES. 


BENJAMIN  H.   HALL. 


NEW  YOEK: 
D.   APPLETON   &  CO.,   348    BROADWAY. 

1858. 


Entered  according  to  the  Act  of  Congress,  in  the  year  1857,  by 

BENJAMIN    H.    HALL, 

in  the  Clerk's  Office  of  the  District  Court  of  the  United  States,  for  the  Sonthem  District 
of  New  York. 


/ 


PREFACE. 


"Whe^c,  six  years  ago,  I  began  to  make  researches  for  the  purpose 
of  ascertaining  at  what  time  the  first  settlements  were  made  in 
Vermont,  on  the  banks  of  the  Connecticut  river,  by  the  whites,  it 
was  my  intention,  if  I  put  pen  to  paper,  to  write  but  a  small  book, 
and  to  treat  only  of  the  southeastern  portions  of  the  state.  As  I 
continued  my  investigations,  I  became  convinced  that  it  would  be 
very  difficult  to  carry  out  this  plan  in  an  intelUgible  manner,  with- 
out introducing  into  my  contemplated  work  much  that  would 
appear  too  general  for  its  narrow  limits.  At  the  same  time,  I  dis- 
covered that  the  disputes  in  which  New  York,  New  Hampshire, 
and  Vermont  were  so  long  engaged  respecting  the  jurisdiction  of 
the  latter  state,  exerted  an  influence  at  the  time,  which  told  on  the 
progress  and  development  of  every  town  and  village  and  hamlet  in 
Vermont.  I  then  sought  for  some  publication  containing  a  clear 
and  full  statement  of  these  disputes.  My  search  was  unrewarded. 
I  found  that  the  Natural  and  Civil  History  of  Vermont,  by  the 
learned  Dr.  Samuel  Williams,  was  more  particularly  devoted  to  the 
discussion  of  questions  of  a  scientific  nature,  and  to  a  general  account 
of  the  condition  of  the  northern  frontier  of  the  United  States,  than 
to  a  specific  description  of  the  settlement  and  growth  of  Ver- 
mont. I  found  that  the  Natural  and  Political  History  of  the 
State  of  Vermont,  prepared  by  Col.  Ii*a  Allen,  while  in  London, 
and  printed  at  a  London  press,  abounded  in  inaccuracies,  and 
was  only  minute  in  the  narration  of  affairs  ■ndth  which  the  author 
had  been  connected.  I  found  that  the  Descriptive  Sketch  of  the 
Present  State  of  Vermont,  by  Dr.  John  Andrew  Graham,  was  little 
else  than  a  collection  of  unreliable,  gossiping,  entertaining  letters, 
written  more  for  self-gratification  than  to  subserve  any  worthy  or 
permanent  interest.  In  the  carefully  collated  History  of  Vermont, 
Natural,  Civil,  and  Statistical,  by  the  late  Prof.  Zadock  Thompson, 
I  found  the  evidences  of  thorough  research  and  patient  investiga- 

1351112 


VI  >  PREFACE. 

tion,  and  much  information  illustrative  of  the  natural  resources  of 
Vermont. 

Failing  in  these  efforts  to  find  a  clear  statement  of  the  subject 
on  which  I  desired  light,  I  judged  it  necessary  to  extend  my 
own  examination  to  sources  hitherto  undeveloped,  and  to  accom- 
pany whatever  I  might  write  with  an  outline  sketch  of  the  jurisdic- 
tional controversy  already  referred  to,  that  so  the  reader  might  not 
be  ignorant  of  the  causes  which  led  to  the  internal  commotions 
with  which  Vermont  was  for  many  years  afflicted.  Becoming  con- 
vinced that  the  connection  between  the  early  history  of  the  towns 
in  the  southeastern  part  of  Vermont,  was  much  closer  than  I  had  anti- 
cipated, I  determined  to  enlarge  my  work  so  as  to  include  in  it  the 
annals  of  the  old  counties  of  Cumberland  and  Gloucester.  Having 
reached  this  stage  in  my  proceedings,  I  was  led  to  fix  the  western 
limit  of  my  historical  bailiwck  at  the  Green  Mountains,  the  natural 
division  of  Vermont. 

In  the  pages  that  follow,  I  think  I  have  rescued  from  oblivion 
many  facts  which  the  lover  of  American  history  will  rejoice  to 
know.  The  work,  it  is  true,  is  local,  but  in  it  are  described  the 
character  and  deeds  of  a  people  who  were  pioneers  in  the  march 
of  civilization,  patriots  in  the  day  of  danger,  useful  citizens  in  the 
time  of  peace.  In  the  preparation  of  this  volume,  I  have  collected 
a  mass  of  im edited  materials,  from  which  the  task  would  be  com- 
paratively easy,  to  construct  a  history  of  the  whole  state.  Such 
a  history  should  contain,  not  only  a  narrative  of  all  the  warlike 
events  which  have  occurred  within  the  limits  of  Vermont,  but  a 
full  account,  also,  of  the  controversy  for  jurisdiction,  which  began 
in  1749  and  closed  in  1791 ;  of  the  skilfully  designed  but  unsuccess- 
ful diplomatic  efforts  of  the  British  government  in  Canada,  for  more 
than  two  years  previous  to  the  peace  of  1783,  to  reduce  Vermont  to 
the  condition  of  a  Crown  dependency  ;  of  the  struggles  of  Vermont 
for  her  own  separate  independence  ;  and  of  the  manner  in  Avhich,  un- 
aided by  Congress,  she  maintained  her  name,  her  rank,  and  her 
honor  unsullied,  until  admitted  into  the  Union  as  a  sovereign  state. 
Should  an  interest  be  hereafter  awakened  in  the  minds  of  the  citi- 
zens of  Vermont,  to  know  more  of  the  thoughts  and  acts  of  their 
virtuous,  manly,  and  independent  ancestry — an  ancestry  which  I 
am  proud  to  claim  as  my  own — I  shall  not  deny  myself  the  pleasure 
of  aiding  in  increasing  that  knowledge. 

By  far  the  largest  part  of  this  volume  has  been  prepared  from 
papers  Avhich  have  never  before  been  consulted  for  their  historic 
value.  In  the  offices  of  the  Secretaries  of  the  states  of  Vermont, 
New  York,  New  Hampshire,  Massachusetts,  and  Connecticut, 
thorough  and  critical  examinations  have  been  made  of  the  docu- 
ments and  papers  which  are  there  preserved.     The  twenty-three 


PKEFACE.  VU 

large  volumes,  called  the  "  George  Clinton  Papers,"  which  have 
been  lately  added  to  the  New  York  State  Library,  at  Albany, 
have  been  diligently  consulted,  and  from  them  has  been  drawn 
much  information  that  has  never  until  now  been  made  public. 
Tiie  letters  and  memoranda  contained  in  these  well  arranged  and 
carefully  indexed  volumes  are  invaluable  to  the  historian,  not  only 
of  New  York  but  of  Vermont  also. 

To  the  Hon.  "William  C.  Bradley,  of  Westminster,  a  statesman, 
a  lawyer,  and  a  man  of  letters,  whose  learning  and  ability  have  for 
a  half  century  been  the  boast  of  his  native  state,  I  would  make  my 
grateful  acknowledgments  for  the  many  personal  recollections  and 
family  papers  he  has  placed  at  my  service,  without  which,  indeed, 
this  work  would  have  been  incomplete  m  many  particulars.  From 
the  Hon.  James  H.  Phelps,  of  West  Townshend,  I  have  received 
much  aid  and  encouragement,  and  many  MSS.  of  importance  re- 
lating to  the  part  which  his  ancestors  bore  in  the  intestine  strug- 
gles that  so  long  disturbed  the  peace  of  the  state.  For  these 
manifestations  of  his  kindness,  and  for  the  active  interest  he  has 
ever  evinced  in  the  success  of  my  labors,  I  own  my  obligation. 
I  would  also  express  my  appreciation  of  the  value  of  the  assistance 
I  have  received  from  the  Hon.  Ferrand  F.  Merrill,  of  Montpelier, 
the  Hon.  William  M.  Pingry,  of  Bethel,  and  other  citizens  of  Ver- 
mont, whose  services  I  may  not  have  elsewhere  acknowledged. 
To  the  skilful  pencil  of  Larkin  G.  Mead  Jr.,  Esq.,  of  Brattle- 
borough,  I  am  indebted  for  the  drawings  from  which  have  been 
engraved  several  of  the  illustrations  which  adorn  the  work. 

I  cannot  but  indulge  a  hope  that  not  only  those  who  still  remain 
among  the  hills  and  valleys  of  their  native  state,  but  those  also  who 
have  wandered  from  the  old  roof-tree  to  find  a  home  in  the  different 
sections  of  the  Union,  may  receive  some  gratification  from  the 
perusal  of  the  history  of  their  ancestors. 


Troy,  N.  Y.,  July  30th,  1857. 


CONTENTS. 


CHAPTER  I. 
First  Settlements, 1 

CHAPTER  n. 

Conflicts  with  the  Indians,    ....  ...  25 

CHAPTER  m. 
Frontier  Life, 53 

CHAPTER  IV. 
The  French  War.    Town  Settlements,         ....  81 

CHAPTER  V. 

First  Settlements, 104 

CHAPTER  YI. 

Organization  of  Cumberland  County,  .        .         .        .        .         128 

CHAPTER  VII. 
Progress  of  Organization, 159 

CHAPTER  VIII. 

Legislation  of  the  New  York   Colonial  Assembly.     Evi- 
dences of  a  Revolutionary  Spirit,         .        .        .        .         187 

CHAPTER  IX. 

The  "  "Westminster  Massacre," 209 


X  CONTENTS. 

CHAPTER  X. 

The  First  Years  of  the  Revolution, 

CHAPTER  XI. 

The  Formation  of  the  State  of  Vermont,    . 

CHAPTER  XII. 

Opposition  to  the  Government  of  Vermont, 


CHAPTER  XIII. 


Conflict  of  Jurisdictions, 


CHAPTER   XIV. 

Continuation  of  the  Dispute.     The  Burning  of  Royalton, 

CHAPTER  XV, 
Enemies  Within  and  Without, 


CHAPTER  XVI. 

The  Civil  Sustained  by  the  Mihtary  Arm,    .... 

CHAPTER  XVII. 

Attempts  to  Obtain  the  Interference  of  Congress, 

CHAPTER  XVIII. 

The  Disordered  Condition  of  the  South-Eastern  Portion  of 
Vermont, 


CHAPTER  XIX. 


The  End  of  Resistance, 


CHAPTER  XX. 

Tlie  Admission  of  Vermont  into  the  Union, 

CHAPTER  XXI. 

Early  Laws  of  Vermont.     Indian  Inscriptions,    . 


PAGZ 

242 


281 


308 


332 


36^ 


400 


427 


456 


485 


514 


541 


566 


BIOGRAPHICAL    CHAPTER. 

Stephen  Eow  Bradley, 

593 

Paul  Brighaji, 

602 

Crean  Brush, 

60:5 

Thomas  Chandler, 

638 

John  Chandler, 

638 

Thomas  Cjiandler  Jr. 

638 

CONTENTS.  XI 

PAGE 

Elkanah  Day, 640 

Samuel  Fletchee, 640 

Samuel  Gale, 643 

JoHx  Grout, 650 

Lot  Hall, 658 

Thomas  Johnson 666 

Joseph  Kjillogg, 669 

Samuel  Knight, 673 

Luke  Kxowlton, 675 

Joseph  Lord, 677 

"William  Paterson, 678 

Charles  Phelps, 679 

Solomon  Phelps, 691 

Charles  Phelps  Jr., 693 

Timothy  Phelps, 693 

Noah  Sabin, 694 

XoAH  Sabin  Jr., 697 

Paul  Spooner, 698 

Jonathan  Stearns, 699 

MiCAH  TOWNSBND, 700 

Amos  Tute, 706 

RoYALL  Tyler, 708 

Sajiuel  Wells, 718 

Daniel  "Whipple, 725 

JOSIAH  "WlLLARD, 726 

Josiah  "Willard  Jr., 727 

"\\'illiam  "Williams, 728 

Ajzariah  "Wright, 730 

APPEm)IX  A. 

The  Equivalent  Lands, 735 

APPENDIX  B. 

Renewal  of  the  Ti-eaty, 736 

APPENDIX  C. 

Township  Number  One, 738 

APPENDIX  D. 

Proprietors  of  Westminster, 739 

APPENDIX  E. 

The  Fight  at  John  Kilburn's  Fort, 739 

APPENDIX  F. 

Proprietors  of  Westminster,         ....         .        .  742 

APPENDIX  G. 

Di\asion  of  Cumberland  County  into  Districts,    .        .         .  743 


Xll  CONTENTS. 

APPENDIX  H.  p^oB 

Census  of  January  16th,  1771, 745 

APPENDIX  I. 

The  "  Westminster  Massacre," 746 

APPENDIX  J. 

Opinions  respecting  a  Separation  from  New  York,      .        .        755 

APPENDIX  K. 

The  Recompense  in  Lands, 757 

APPENDIX  L. 

Division  of  the  $30,000, 761 

LIST  OF  THE  CIVIL  AND  MILITARY  OFFICERS 
OF  CUMBERLAND  AND  GLOUCESTER  COUN- 
TIES,          .762 


ILLUSTRATIONS. 


Sarttvell's  Fort,    .... 

ComtEMORATITE  StONES, 

The  Grave  op  Mrs.  Jemima  Tute, 
The  Grave  op  Caleb  How,  . 
court-house  at  westminster, 
The  WESTirofSTER  Meetixg-IIouse, 
The  Grave  op  "William  French,  . 
Fag  Sbule  of  the  Signature  of  Thomas  Chandler, 
"  "  "  "       William  Paterson, 

JoHK  Norton's  Tavern, 
Fag  Simile  of  the  Signature  of  Thomas  Chandler  Jr., 
"  "  "  "      Henry  Evans, 

"  "  "  "       William  Shattuck, 

"  "  "  "      Tdiotht  Church, 

Indian  Sculptures, 
Indian  Sculpture,  . 
Locality  of  the  Sculptures, 
"Indian  Rock," 
Stephen  Row  Bradley, 
Fag  Simile  of  the  Signature  op  Stephen  Row  Bradley, 
"  "  "  "      Paul  Brigham, 

Crean  Brush, 

Fag  SruiLE  of  the  Signature  of  Crean  Brush, 

Elkanah  Day, 
Samuel  Fletcher, 
Samuel  Gale, 
John  Grout,   . 
Lot  Hall, 
Samuel  Kjnight, 
Joseph  Lord,  . 
Charles  Phelps, 
Timothy  Phelps, 
Noah  Saedt,    . 
Noah  Sarin  Jr., 
Paul  Spooner, 
MiCAH  Townsend, 

RoYALL  Tyler, 

Fag  Seuile  of  the  Signature  of  Royall  Tyler, 
"  "  "  "       Samuel  Wells, 

"  "  "  "       William  Williams, 

«  "  "  "      Azariah  Wright,  . 


PAGE 
26 

65 

76 
"77 
185 
211 
214 
21T,  633 
218,  678 
221 
235,  638 
487 
487 
488 
5S7 
587 
588 
590 
593 
593 
602 
603 
603 
640 
640 
643 
650 
658 
673 
677 
679 
693 
694 
697 
698 
700 
708 
708 
718 
728 
730 


CHAPTEE  I. 


rmST   SETTLEMENTS. 


Early  Divisions  of  Eastern  Vermont— Cumberland  County — Gloucester  County — 
Champlain's  Voyage — Squakheag  or  Northfield — Philip's  Wars — Indian  In- 
cursions— King  William's  War — Burning  of  Deerfield — The  March  to  Canada — 
Attempts  of  the  English  to  reduce  Canada — Port  Royal  captured — ^Treaty  of 
Utrecht — Equivalent  Lands — Great  Meadow— Order  to  build  a  Block  House 
above  Northfield — Timothy  Dwight — Fort  Dummer — Its  Defences — Indian 
Soldiers — Chaplain — Joseph  Kellogg — Scouting  Parties— Skirmishes— Peltry 
Trade  at  Fort  Dummer — Journal  of  James  Coss — Rev.  Ebenezer  Hinsdell — 
'•  Scaticook"  and  Caughnawaga  Indians — Treaty  at  Fort  Dummer. 

Vermont  is  divided  into  fourteen  counties.  Of  these  Windsor 
and  Windham,  situated  in  the  south-eastern  part  of  the  state, 
comprehend  nearly  the  same  territory  that  under  the  govern- 
ment of  ISTew  York  was  known,  during  a  part  of  the  last  cen- 
tury, by  the  name  of  Cumberland  coimty.  This  county  was 
the  first  established  in  Vermont,  then  called  the  New  Hamp- 
shire Grants,  and  probably  received  its  name  from  Prince 
William  the  Duke  of  Cumberland,  who  in  1746  met  with  dis- 
tinguished success  in  opposing  the  rebels  in  Scotland. 

Its  boundaries,  as  declared  in  the  act  of  establishment  passed 
by  the  Legislature  of  the  province  of  New  York,  on  the  3d  of 
July,  1766,  were  described  as  "  beginning  at  the  west  bank  of 
Connecticut  river,  opposite  to  where  the  division  line  between 
the  province  of  the  Massachusetts  Bay  comes  to  the  aforesaid 
river  ;  thence  running  on  a  direct  line,  about  twenty-six  miles,  to 
the  south-east  corner  of  the  township  of  Stamford  ;  from  thence, 
on  a  direct  line,  about  sixty  miles,  to  the  north-east  corner  of 
the  township  of  Rutland  ;  thence  north,  thirty-one  degrees  east, 
eighteen  miles  ;  thence  easterly,  to  the  north-west  corner  of  the 
township  of  Linfield  ;*  thence  easterly,  along  the  north  side  of 

*  Now  the  township  of  Royal  ton. 
1 


2  HISTORY   OF   EASTERN   VERMONT.  [1766-1781. 

the  townships  of  Linfield,  Sharon,  and  Norwich,  to  Connecticut 
river  aforesaid  ;  thence,  along  the  west  bank  of  the  said  river, 
to  the  place  of  beginning." 

"When  the  subject  was  brought  before  the  Lords  of  the  Privy 
Council,  in  order  that  the  "  royal  approbation  or  disallowance" 
might  be  signified,  the  King,  on  the  26th  of  June,  1767,  de- 
clared the  act  of  the  New  York  Legislature  by  which  the  county 
of  Cumberland  was  established,  void,  and  the  Governor  of  the 
province  of  'New  York  was  ordered  to  act  in  accordance  with 
this  decision.  I^umerous  appKcations  were  now  made  to  the 
Crown  for  a  new  charter,  and  the  inconveniences  to  which  the 
inhabitants  of  the  disfranchised  county  were  subjected,  through 
the  want  of  a  due  administration  of  justice,  were  plainly  set 
forth.  In  consequence  of  these  representations,  the  King,  on 
the  19th  of  March,  1768,  re-established  the  county  of  Cumber- 
land, by  Letters  Patent  under  the  Great  Seal  of  the  Province 
of  Kew  York,  within  the  following  limits  : — 

"  Beginning  at  a  point  on  the  west  bank  of  Connecticut  river, 
opposite  to  where  the  line  run  for  the  partition  line  between  our 
said  provinces  of  the  Massachusetts  Bay  and  New  Hampshire, 
touches  the  east  side  of  the  same  river,  and  running  thence 
west,  ten  degrees  north  on  a  direct  line  about  twenty-six  miles 
to  the  south-east  corner  of  a  tract  of  land  called  Stamford  ; 
thence  north,  about  thirteen  degrees  east  on  a  direct  Hue  fifty-six 
miles  to  the  south-east  corner  of  the  township  of  Socialborough 
in  the  county  of  Albany,  in  the  south  bounds  of  a  tract  of  land 
formerly  called  Putland ;  thence  north,  about  fifty-three  degrees 
east  on  a  direct  line  thirty  miles  to  the  south-west  corner  of  the 
township  of  Tunbridge  ;  thence  along  the  south  bounds  thereof 
and  of  Stratford  and  Thetford  about  eighteen  miles  to  Con- 
necticut river  aforesaid,  and  thence  along  the  west  banks  of  the 
same  river  to  the  place  of  beginning." 

By  an  act  of  the  Legislature  of  New  York,  passed  March 
24:th,  1772,  the  boundaries  were  again  changed,  as  will  appear 
from  a  description  of  the  limits  then  constituted.  "  Beginning 
on  the  west  bank  of  Connecticut  river  opposite  the  point  where 
the  partition  line  between  the  colonies  of  the  Massachusetts  Bay 
and  New  Hampshire,  touches  the  east  side  of  the  river,  and 
extending  from  thence  north  eighty  degrees  west  until  such  line 
shall  meet  with  and  be  intersected  by  another  line  proceeding 
on  a  course  south  ten  degrees  west  from  the  north-west  corner 
of  a  tract  of  land  granted  under  the  Great  Seal  of  this  colony,  on 


1T66-1Y81.]  EAKLT   DIVISIONS    OF   THE    STATE.  3 

the  4tli  day  of  September,  1770,  to  James  Abeel,  and  nine 
other  persons,  and  extending  from  the  said  point  of  intersection, 
north  ten  degrees  east  until  such  line  shall  meet  with  and  be  in- 
tersected by  another  line  to  be  drawn  on  a  course  north  sixty 
degrees  west  from  the  south-west  corner  of  a  tract  of  land 
granted  under  the  Great  Seal  of  this  colony,  on  the  13th  day 
of  November,  a.d.  1769,  and  erected  into  a  township  by  the 
name  of  Koyalton,  and  running  from  the  last-mentioned  point 
of  intersection  south  sixty  degrees  east  to  the  west  bank  of 
Connecticut  river,  and  so  down  along  the  west  bank  of  the 
river,  as  the  same  river  winds  and  turns  to  the  place  of  begin- 
ning." 

On  the  1st  of  April,  1775,  other  alterations  were  made,  and 
the  western  portion  of  the  county  was  so  extended  as  to  be 
bounded  by  a  "  line,  beginning  in  the  north  boundary  line  of 
the  province  of  Massachusetts  Bay,  at  the  south-west  corner  of 
the  township  of  Eeadesborough,  and  running  thence  along  part 
of  the  westerly  bounds  thereof,  to  a  certain  tract  of  land, 
granted  to  George  Brewerton,  Junior,  and  others,  and  erected 
into  a  township  by  the  name  of  Leinster ;  thence  along  the 
southerly  and  westerly  bounds  of  the  said  tract  of  land,  to  the 
north-west  corner  of  the  same  ;  thence  on  a  direct  course  to  the 
south-easterly  corner  of  the  township  of  Princetown;  thence 
along  the  easterly  bounds  of  the  same  tract,  as  it  runs  to  the 
north-easterly  comer  thereof;  and  thence  on  a  direct  course  to 
the  southerly  corner  bounds  of  the  township  of  Hulton,  where 
it  meets  with  and  is  intersected  by  the  west  boundary  line  of 
the  county  of  Cumberland,  as  estabhshed"  by  former  acts.  By 
this  change,  the  townships  of  Readesborough,  and  what  are 
now  Searsborough,  Somerset,  and  Stratton,  were  added  to 
Cumberland  county. 

At  the  first  session  of  the  General  Assembly  of  Yermont  in 
1778,  the  state  was,  on  the  17th  of  March,  divided  into  two 
counties.  The  territory  lying  on  the  west  side  of  the  Green 
Mountains  was  called  Bennington  county,  and  that  on  the  east 
side,  Unity  county.  Tlie  latter  name  was  on  the  21st  of  the 
same  month  changed,  and  that  of  Cumberland  was  substituted. 
By  an  act  of  the  Legislature,  passed  February  11th,  1779,  the 
division  line  between  these  two  counties  was  fixed.  Com- 
mencing at  a  point  in  the  south  line  of  the  province  of  Quebec, 
fifty  miles  east  of  the  centre  of  the  deepest  channel  of  Lake 
Champlain,  it  extended  south  to  the  north-east  comer  of  the 


4  HISTOKY    OF   EASTERN   VERMONT.  [1766-1781. 

town  of  Worcester,  and  along  the  east  lines  of  Worcester, 
Middlesex,  and  Berlin,  to  the  south-east  corner  of  the  latter 
town;  thence  on  a  straight  line  to  the  north-west  corner  of 
Tunbridge,  and  on  the  west  line  of  Tunbridge  to  the  south- 
west corner  of  that  town ;  thence  in  a  straight  line  to  the  north- 
west comer  of  Barnard  ;*  thence  on  the  west  line  of  Barnard 
and  Bridgewater  and  the  east  line  of  Shrewsbury  to  the  south- 
east corner  thereof;  thence  west  to  the  north-east  corner  of  Wal- 
lingford ;  thence  south  on  the  east  lines  of  Wallingford,  Har- 
wich,f  Bromley,:]:  Winhall,  and  Stratton,  to  the  south-east  corner 
of  the  latter,  and  west  on  the  south  line  of  Stratton  to  the 
north-west  corner  of  Somerset ;  thence  south  on  the  west  line 
of  Somerset  to  the  south-west  corner  thereof;  thence  east  to 
the  north-west  corner  of  Draper  ;§  thence  soutli  on  the  west 
lines  of  Draper  and  Cumberland!  to  the  north  line  of  Massa- 
chusetts. Cumberland  county  was  bounded  on  the  south  by 
the  north  line  of  Massachusetts,  on  the  east  by  Connecticut 
river,  and  on  the  north  by  the  south  line  of  the  province  of 
Quebec. 

In  the  laws  of  Vermont,  passed  October,  1780,  the  county  of 
Cumberland,  as  just  described,  was  referred  to  as  being  divided 
into  the  hah-shires  of  Cumberland  and  Gloucester,  the  division 
line  between  them  being  nearly  identical  with  the  northern 
boundary  of  what  is  now  Windsor  county.  By  an  act  of  the 
General  Assembly  of  Vermont,  passed  in  February,  1781,  "  for 
the  division  of  counties  within  this  state,"  the  county  of  Cum- 
berland, as  established  in  1778  and  1779,  was  subdivided  into  the 
counties  of  Windham,  Windsor,  and  Orange.  Connecticut  river 
being  the  eastern  boundary,  and  the  division  line  on  the  west 
from  Quebec  to  Massachusetts,  remaining  as  fixed  in  February, 
1779,  all  the  land  south  of  a  Hne  "  beginning  at  the  south- 
east comer  of  Sj)ringfiel(l,  thence  running  westerly  on  the 
south  line  of  said  Springfield  and  Chester  to  the  east  line  of 
Bennington  county,"  was  erected  into  the  county  of  Windham. 
The  land  included  between  the  north  Hne  of  Windham  coun- 
ty, and  the  north  lines  of  the  towns  of  IsTorwich,  Sharon, 
Royalton,  and  Bethel,  was  called  Windsor  county.  Orange 
county  comprehended  all  north  of  this  to  the  Quebec  line. 
Various  changes  have  since  been  made  in  the  limits  of  Wind- 

*  In  the  printed  act  Bradford.     Barnard  was  undoubtedly  intended. 

f  Now  Mount  Tabor,  X  ^^^  Peru. 

§  Now  Wilmington.  I  Now  Whitingham. 


1766-1781.]  EAELY   DIVISIONS   OF   THE   STATE.  5 

liam  and  Windsor  counties,  by  the  addition  of  towns,  and 
from  other  causes  which  it  will  be  of  but  little  benefit  to  record 
here. 

After  the  second  establishment  of  Cumberland  county  by 
Xew  York  in  1768,  immigration  to  the  "  Grants"  increased,  and 
the  north-eastern  part  of  that  territory  became  the  abode  of  a 
mixed  and  heterogeneous  population.  The  more  peaceable  and 
intelligent  portion  of  the  inhabitants,  being  desirous  of  a  county 
organization,  presented  their  request  to  the  Council  of  New 
York,  and  on  the  16th  of  March,  1770,  an  ordinance  was  passed, 
establishing  as  a  sej)arate  county,  by  the  name  of  Gloucester, 
"  all  that  certain  tract  or  district  of  land,  situate,  lying,  and 
being  to  the  northward  of  the  county  of  Cumberland,  begin- 
ning at  the  north-west  corner  of  the  said  county  of  Cumber- 
land, and  thence  running  north  as  the  needle  points  fifty 
miles ;  thence  east  to  Connecticut  river ;  thence  along  the  west 
bank  of  the  same  river,  as  it  runs,  to  the  north-east  corner  of 
the  said  county  of  Cumberland  on  the  said  river,  and  thence 
along  the  north  bounds  of  the  said  county  of  Cumberland  to 
the  place  of  beginning." 

On  the  2-lth  of  March,  1772,  by  an  act  "  for  the  better  ascer- 
taining the  boundaries  of  the  counties  of  Cumberland  and 
Gloucester,"  these  limits  were  changed,  and  thenceforth  Glou- 
cester county  was  bounded  "  on  the  south  by  the  north  bounds 
of  the  county  of  Cumberland ;  on  the  east  by  the  east  bounds 
of  this  colony  ;  on  the  north  by  the  north  bounds  thereof ;  on 
the  west,  and  north-west,  partly  by  a  hue  to  be  drawn  from  the 
north-west  corner  of  the  said  county  of  Cumberland,  on  a  course 
north  ten  degrees  east,  until  such  line  shall  meet  with  and  be 
intersected  by  another  hue  proceeding  on  an  east  course  from 
the  south  bank  of  the  mouth  of  Otter  creek,  and  partly  by 
another  line  to  be  di'awn  and  continued  from  the  said  last  men- 
tioned point  of  intersection,  on  a  course  north  fifty  degrees  east, 
until  it  meets  with  and  terminates  at  the  said  north  bounds  of 
the  colony." 

After  the  establishment  of  Vermont  as  a  "  separate  and  inde- 
pendent" jurisdiction,  the  counties  of  Cumberland  and  Glou- 
cester, by  an  act  of  the  Legislature,  passed  March  17th,  1778, 
were  merged  under  the  name  of  the  county  of  Unity,  which 
name  was  changed  to  Cumberland  on  tlie  21st.  Tliis  large 
county,  comprismg  the  whole  of  Eastern  Vermont,  was  subdi- 
vided in  February,  1781,  and  Windham  and  Windsor  counties 


6  HISTORY   OF   EASTEEN   VERMONT.  [1609. 

were  established  with  limits  nearly  identical  with  those  by 
which  they  are  now  bounded.  At  the  same  time,  the  re- 
mainder of  the  territory  east  of  the  mountains,  and  extending 
to  the  Canada  line,  was  formed  into  a  county  by  the  name  of 
Orange.  From  Orange  county,  Essex  and  Caledonia  coun- 
ties and  a  portion  of  Orleans  county  were  taken  on  the  5  th  of 
November,  1Y92.  At  a  later  period  other  encroachments  were 
made  by  the  formation  of  Washington  county ;  and  thus,  by  gra- 
dual curtailment,  Orange  has  been  reduced  to  its  present  limits. 

It  win  be  seen  by  the  boundaries  which  have  been  recited, 
that  much  doubt  prevailed  as  to  the  true  western  line  of  Cum- 
berland and  Gloucester  counties.  Certainty  on  this  point  is  of 
but  Kttle  consequence,  except  geographically,  as  the  events 
which  form  the  History  of  Eastern  Vermont  were  mostly 
confined  to  the  towns  lying  east  of  those  composmg  the  most 
western  tier.* 

The  territory  now  comprising  the  state  of  Yermont,  although 
noticed  by  Champlain  in  his  voyage  in  1609,  when  he  dis- 
covered the  lake  that  bears  his  name,  was  probably  never 
visited  by  him.  In  the  account  which  he  gave  of  the  explora- 
tion of  Lake  Champlain,  passing  reference  is  made  to  the  Green 
Mountains  and  to  the  plains  which  lie  at  their  foot.  "  Con- 
tinuing our  route  along  the  west  side  of  the  lake,  contemplating 
the  country,  I  saw,"  said  he,  "  on  the  east  side  very  high  moim- 
tains  capped  with  snow.  I  asked  the  Indians  if  those  parts 
were  inhabited.  Tliey  answered  me,  yes,  and  that  they  [the 
inhabitants]  were  L'oquois,  and  that  there  were  in  those  parts 
beautiful  vaUies,  and  fields  fertile  in  corn  as  good  as  I  had  ever 
eaten  in  the  country,  with  an  iufinitude  of  other  fruits,  and  that 
the  lake  extended  close  to  the  mountains,  which  were,  according 
to  my  judgment,  fifteen  leagues  from  us,  I  saw  others  to  the 
south  not  less  high  than  the  former ;  only  that  they  were  with- 
out snow."  Tliis  is  undoubtedly  the  first  information  on  record 
in  regard  to  the  scenery,  condition,  and  inliabitants  of  Vermont, 
and  like  the  accounts  which  were  generally  given  by  the  Indians 
to  the  early  travellers  in  the  New  World,  contains,  in  some 

*  Book  of  Council  Minutes,  1151-llQB,  xxvi.  442:  also,  1764-1772,  xxix.  250. 
Act  of  12th  George  III.,  in  Laws  of  Few  York,  1691-1773,  Van  Sclianck's  ed., 
pp.  698-700.  Act  of  15th  George  III.,  in  New  York  Colony  Laws,  1774,  1775, 
pp.  127,  128.  Acts  and  Laws  of  General  Assembly  of  Vermont,  February  11, 
1779,  p.  7.  Also,  those  of  February,  1781,  p.  1.  Brattleboro'  Eagle,  June  10, 1850, 
and  September  27,  1849.     Slade's  Vermont  State  Papers,  pp.  294,  295. 


1672-1675.]  Philip's  wae.  Y 

particulars  at  least,  the  usual  amount  of  exaggeration  and 
fancy.* 

Owing  to  the  comparatively  small  immigration,  and  the  diffi- 
culties incident  to  a  new  and  dangerous  mode  of  life,  settlements 
did  not  extend  very  rapidly ;  and  it  was  not  until  more  than 
sixty  years  had  passed,  that  any  settlement  was  made  within 
the  territory  which  Champlain  described,  either  from  the  lake 
side  or  from  the  banks  of  Connecticut  river.  In  the  year 
1672,  a  township  was  granted  to  John  Pyncheon,  Mr.  Pearson, 
and  others,  at  Squakheag,  afterwards  Northfield,  on  Connecti- 
cut river,  and  in  1673,  a  few  people  removed  there  from  North- 
ampton, Iladley,  and  Hatfield.  The  township  was  laid  out  on 
both  sides  of  the  river,  and  inclosed  an  area  of  six  miles  by 
twelve,  extending  several  miles  into  the  present  states  of  Ver- 
mont and  New  Hampshire,  and  including  a  valuable  tract  of 
interval  land.  The  northern  boundary  of  Massachusetts  being 
undetermined  at  that  time,  thue  whole  of  this  town  was  supposed 
to  be  within  that  province.f 

For  several  years  preceding  the  settlement  of  Northfield,  the 
Massachusetts  Indians  had  carried  on  a  war  with  the  Mohawk 
tribe  who  dwelt  on  the  banks  of  the  river  of  that  name  in  the 
province  of  New  York.  As  the  English  extended  their  boun- 
daries, the  enmity  of  the  Indians  towards  one  another  seemed 
partially  to  abate,  and  centre  upon  those  whom  they  regarded  as 
their  natural  foes.  The  war  of  Philip,  which  raged  most  fiercely 
during  the  latter  part  of  1675,  was  characterized  by  the  savage- 
ness  and  determination  with  which  the  red  man  hunted  the 
white,  and  the  white  man,  in  turn,  attacked  the  red.  To  detail 
the  events  of  this  period,  would  be  foreign  to  the  purpose  of  this 
work,  as  it  would  involve  the  recital  of  acts  but  little  connected 
with  the  history  of  the  territory  afterwards  known  as  Vermont. 
It  may  not,  however,  be  out  of  place  to  refer  to  some  of  the  in- 
cidents which  occurred  within  the  limits  of  Northfield.  PhiKp, 
having  made  an  attack  upon  Swanzey,  on  the  24th  of  June, 


*  Doc.  Hist.  N.  Y.,  iii.  6. 

f  "  A  deed  to  William  Clark  and  John  King,  of  KTorthampton,  agents  for  the  pro- 
prietors of  Northfield,  covering  the  grant,  was  made  August  13th,  168*7,  by  Naw- 
elet,  Gongegua,  Aspiambelet,  Addarawanset,  and  Meganichcha,  Indians  of  the 
place,  in  consideration  of  '  two  hundred  fathoms  of  wampum,  and  fifty-seven 
pounds  in  trading  goods,'  It  was  signed  with  the  marks  of  the  grantors,  and  wit- 
nessed by  Jonathan  Hunt,  Preserved  Clap,  William  Clark,  Jr.,  Peter  Jethro,  Jo- 
seph Atherton,  and  Israel  Chauncey."  Korthfield  Town  Book  in  Iloyt's  Indian 
Wars,  pp.  '7'7,  78 


8  HISTOET   OF   EASTEKN    VERMONT.  [1675. 

1675,  deserted  Mount  Hope,  liis  favorite  retreat,  and  was  imme- 
diately pursued  by  Capt.  Benjamin  Church,  and  others,  con- 
spicuous as  leaders  at  that  time.  "With  the  removal  of  Philip, 
the  scene  of  the  war  was  changed  from  the  neighborhood  of 
Plymouth  ;  and  Lancaster,  Marlborough,  and  Brookfield,  towns 
in  the  more  inland  parts  of  Massachusetts,  soon  began  to  suffer 
from  the  incursions  of  the  Indians.  After  they  had  burned 
Brookfield,  a  large  military  force  was  stationed  at  that  place, 
under  the  command  of  Major  Simon  Willard,  and  the  country 
adjacent  being  thoroughly  scoured  by  detached  parties,  the 
Indians  fled  westward  and  joined  their  allies  at  Deerfield. 
Small  garrisons  were  now  posted  at  Northampton,  Hatfield, 
Deerfield,  and  Northfield ;  and  Hadley  was  made  "  the  English 
head-quarters  for  this  part  of  the  country."  But  no  vigilance 
could  ward  off  the  invasions  of  the  Indians.  Deerfield,  slightly 
guarded,  was  attacked  on  the  1st  of  September,  1675,  and  before 
assistance  could  be  brought,  one  man  had  been  killed  and  seve- 
ral houses  bm-ned.  Shortly  after,  nine  or  ten  persons  were 
killed  in  the  woods  at  Northfield,  and  a  garrisoned  house  saved 
the  lives  of  a  larger  number,  who  otherwise  would  have  been 
exposed  to  a  similar  fate.  For  some  time  after,  these  two  towns 
were  wholly  deserted  by  the  English,  and  served  as  rendezvous 
for  the  Indians.  Depredations  were  now  constantly  recurring, 
and  scarcely  a  day  passed  that  did  not  record  some  story  of  pil- 
lage or  slaughter.  An  expedition  for  the  purpose  of  driving 
the  Indians  from  Northfield  was  at  length  decided  upon,  and 
the  Connecticut  and  Massachiisetts  commanders  having  joined 
their  forces,  proceeded  up  Connecticut  river  in  two  columns, 
one  on  either  bank.  Tliey  destroyed  quantities  of  fish  and  other 
articles  which  the  Indians  had  collected  and  concealed ;  saw  the 
places  where  the  Indians  had  tortured  and  bm'ned  their  captives, 
and  the  very  stakes  to  which  these  captives  had  been  tied.  Of 
the  living  enemy,  they  made  no  discovery,  but  the  effective 
measures  taken,  proved  of  great  security  to  the  towns  on  Con- 
necticut river. 

With  the  death  of  Philip,  departed  the  power  which  had 
given  life  and  direction  to  the  enmity  of  many  of  the  Indians. 
Some  of  the  settlers  who  had  been  driven  from  their  homes  on 
the  Connecticut,  now  returned ;  but  the  Indians  in  the  north- 
western parts  of  Massachusetts,  who  had  not  depended  upon 
Philip  as  a  leader,  still  continued  their  depredations.  Some  of 
these  tribes  having  attacked  Hatfield  on  the  19th  of  September, 


1677-1698.]  SKIRMISH  with  the  Indians.  9 

1677,  were  pursued  by  the  English.  Resting  one  night  at 
Northfield,  they  continued  their  retreat  northward,  and  at  a 
place  in  the  neighborhood  of  the  present  town  of  Rockingham, 
Vermont,  built  a  cabin,  where,  secure  from  the  scouting  parties 
of  the  whites,  they  remained  for  some  time. 

From  the  year  1689,  when  the  French  papists  began  to 
spread  their  doctrines  among  the  Indians  in  Canada,  until  the 
year  1763,  the  border  settlements  on  the  Connecticut  and  Mer- 
rimack rivers  were  constantly  exposed  to  the  ravages  of  the 
French  and  Canada  Indians,  and  the  territory  of  Vermont 
would  have  become  the  seat  of  war,  had  there  been  atti-actions 
enough  within  her  borders  to  excite  the  feeling  of  lust,  or 
wealth  sufficient  to  arouse  the  desire  of  plunder.  Poor  as  they 
were,  her  early  settlers  patiently  bore  their  share  of  suffering 
and  violence ;  manfully  sustained  the  attacks  of  the  enemy,  and 
cheerfully  contributed  their  quota  of  men  and  arms  for  defence. 
Tlie  peace  of  Ryswick,  signed  in  September,  1697,  and  pro- 
claimed at  Boston  on  the  10th  of  December  following,  closed 
the  war  between  England  and  France,  but  it  did  not  put  a  stop 
to  incursions  against  the  English  colonies.  Among  the  incidents 
which  occurred  at  this  period,  the  following,  related  by  Hoyt, 
may  be  mentioned.  One  evening  in  the  month  of  July,  1698, 
a  short  time  before  sunset,  "  a  small  party  of  Indians  killed  a 
man  and  boy  in  Hatfield  meadow,  on  Coimecticut  river,  and 
captured  two  lads,  Samuel  Dickinson,  and  one  Charley,  put 
them  on  board  of  canoes,  and  proceeded  up  the  river.  The 
intelligence  being  received  at  Deerfield,  thirteen  miles  above, 
twelve  men  were  detached  from  that  place,  to  intercept  the 
Indians." 

Advancing  about  twenty  miles,  they  chose  a  favorable  spot 
on  the  right  bank  of  the  river,  within  the  present  town  of  Ver- 
non, Here  they  lay  till  morning,  "  when  they  discovered  the 
Indians  coming  up  near  the  opposite  bank  with  the  captured 
lads,  in  two  canoes.  Carefully  marking  their  objects,  the 
whole  party  gave  the  Indians  an  unexpected  fire,  by  which  one 
was  wounded.  The  others,  with  one  of  the  lads,  leaped  from 
the  canoes,  and  gained  the  shore.  They  then  attempted  to  kill 
the  lads,  but  receiving  another  well  directed  fire,  they  fell  back, 
on  which  the  lad  on  shore  joined  his  companion  in  the  canoe, 
and  both  escaped  across  the  river  to  their  deliverers.  Five  or 
six  of  the  party  then  embarked  with  the  design  of  seizing  the 
other  canoe,  which  at  this  time  had  lodged  on  an  island  a  little 


10  HISTORY   OF   EASTERN   VERMONT.  [1702-1704. 

below.  Two  Lidians  who  lay  secreted  not  far  distant,  fired  and 
killed  Nathaniel  Pomroy,  one  of  the  party.  The  Indians  then 
retired  into  the  woods,  and  the  English  returned  to  Deer- 
field."* 

On  the  death  of  William  III.  of  England  in  1702,  and  the 
accession  of  Anne  to  the  throne,  war  was  again  declared 
between  France  and  England,  and  as  a  natural  consequence, 
between  the  French  and  EngHsh  colonies  in  America,  North- 
field,  at  the  commencement  of  King  WiUiam's  war,  had  been 
protected  by  small  works,  and  occupied  by  a  few  settlers.  The 
people  having  been  compelled  to  abandon  it,  the  houses  and 
forts  were  destroyed  by  the  Indians,  and  the  place  was  not  re- 
occupied  at  the  beginning  of  Queen  Anne's  war.  Intelligence 
was  received  in  the  summer  of  1703,  that  an  attack  was  to  be 
made  on  the  frontier  towns,  and  the  truth  of  the  report  was 
soon  after  fully  realized.  In  the  winter  of  1704,  Major  Hertel 
de  Rouville,  aided  by  his  two  brothers,  and  a  force  of  two  hun- 
dred French,  and  one  hundred  and  forty-two  Indians,  set  out  from 
Canada  for  the  purpose  of  attacking  Deerfield,  then  one  of  the 
most  flourishing,  and  with  the  exception  of  Northfield,  the  most 
northern  town  in  Massachusetts.  Proceeding  up  Lake  Cham- 
plain  to  the  mouth  of  Winooski  river,  and  following  up  that 
stream,  they  crossed  over  to  Connecticut  river,  down  which 
they  passed  on  the  ice,  and  reached  Deerfield  on  the  evening 
of  the  29th  of  February.  At  midnight  the  attack  was  made, 
and  by  sunrise  they  had  killed  forty-seven  of  the  inhabitants, 
taken  one  hundred  and  twelve  captive,  and  burned  every  build- 
ing in  the  town,  with  the  exception  of  the  meeting-house,  and 
one  dwelling.  Tlie  story  of  the  capture  of  the  Reverend  John 
"Williams,  the  minister  of  this  town,  and  his  family,  has  long 
been  familiar  to  every  American  schoolboy,  and  its  fame  has 
now  become  world-wide  as  connected  with  the  late  attempt  to 
identify  the  Reverend  Eleazer  Williams,  the  reputed  great- 
gi-eat-grandson  of  the  Reverejid  John  Williams,  and  Louis 
XVII.  the  dauphin  of  France,  whose  fate  has  been  so  long 
shrouded  in  obscurity. 

During  their  march  to  Canada,  the  captives  suffered  the 
most  cruel  privations.  They  rested  at  the  close  of  their  first 
day's  journey,  at  what  is  now  the  town  of  Greenfield,  the 
Indians  having  first  taken  every  precaution  available  to  prevent 

*  Hoyt's  Indian  Wars,  p.  161. 


1704.]  THE   MARCH   TO   CANADA.  11 

their  escape.  The  second  night  was  spent  within  the  limits  of 
the  present  town  of  Bernardston.  The  fourth  day  brought  them 
to  a  spot  probably  in  the  upper  part  of  what  is  now  the  town 
of  Brattleborough,  where  light  sledges  were  constructed  for  the 
conveyance  of  the  children,  the  sick  and  wounded.  The  march, 
being  now  performed  on  the  ice,  became  more  rapid.  Ou  the 
first  Sunday  of  their  captivity,  the  prisoners  were  allowed  to 
rest.  Their  halting-place  is  said  to  have  been  at  the  mouth  of 
Williams's  river  in  the  present  town  of  Rockingham,  where  the 
Reverend  John  AVilliams  delivered  a  discom-se  from  these 
words :  "  The  Lord  is  righteous ;  for  I  have  rebelled  against 
his  commandments :  hear,  I  pray  you,  all  people,  and  behold 
my  sorrow  ;  my  virgins  and  my  young  men  are  gone  into  cap- 
tivity."* From  this  circumstance  the  river  received  its  name. 
At  the  mouth  of  White  river,  Rouville  divided  his  company 
into  several  parties,  and  thence  they  took  diifereut  routes  to  the 
St.  Lawrence.  That  party  which  Mr.  Williams  accompanied 
ascended  White  river,  and  passing  the  highlands  struck  the 
Winooski  or  Onion,  then  called  French  river.  Journeying 
down  that  stream  to  Lake  Champlain,  they  continued  their 
►  march  on  the  lake  to  Missisco  bay.  Thence  they  proceeded 
to  the  river  Sorel  where  they  built  canoes,  and  passing  down 
to  Chambly,  continued  on  to  the  village  of  Sorel,  where 
some  of  the  party  remained,  but  Mr.  Williams  was  conveyed 
thence  down  the  St.  Lawrence  to  the  Lidian  village  of  St. 
Fran5ois,  and  was  subsequently  sent  to  Quebec. 

Another  party  ascended  Connecticut  river,  and  halting  some 
time  at  Coos  meadows,  their  provisions  being  exhausted,  barely 
escaped  starvation  by  procuring  wild  game ;  two  of  the  party 
actually  died  of  hunger.  The  majority  of  the  captives  were 
soon  afterwards  redeemed,  and  were  allowed  to  return  to  their 
friends.  One  of  them,  however,  Eunice  the  daughter  of  the 
Rev.  John  Williams,  became  so  much  attached  to  Indian  life, 
that  she  married  an  Lidian,  and  became  the  ancestor  of  the 
Lidian  branch  of  the  Williams  family.f 

The  enemy,  emboldened  by  the  success  they  had  met  with  at 
Deerfeld,  were  continually  harassing  the  frontier  settlements, 
and  endeavoring  to  cut  off  the  scouting  parties  which  were 


*  Lamentations,  chap,  i.,  v.  18. 

f  Biographical  Memoir  of  Rev.  John  Williams,  Greenfield,  Mass.,  183Y.     Hoyt's 
Indian  Wars,  pp.  186-194.     Williams's  Hist.  Vt ,  ed.  ■2d,  304-307. 


12  HISTORY   OF   EASTERN   VERMONT.  [1704-1713. 

sent  out  from  them.  On  tlie  31st  of  July,  1704,  thej  attacked 
Lancaster  in  Massachusetts,  and  reduced  most  of  the  dwellings 
to  ashes,  and  in  the  years  1705  and  1706  many  towns  in  New 
Hampshire  and  Massachusetts  suffered  severely  from  their  de- 
predations. In  order  to  put  an  end  to  these  incursions  by  de- 
stroying the  sources  whence  they  emanated,  an  army  was  sent 
in  1707  against  Port  Royal  in  Canada,  but  the  issue  was  misuc- 
cessful,  and  the  troops  retm-ned  home,  having  effected  nothing 
of  importance.  The  next  year  Hertel  de  Eouville,  at  the  head 
of  a  party  of  French  and  Indians,  plundered  and  burnt  the 
town  of  Haverhill  in  Massachusetts  on  the  29th  of  August, 
killed  about  forty  of  the  inhabitants,  and  took  a  large  number  of 
them  captive.  Not  long  after,  as  a  scouting  party  from  Deer- 
field  was  returning  from  White  river  in  the  present  state  of 
Vermont,  one  of  its  members.  Barber  by  name,  was  killed  by 
the  Indians,  and  another,  Martin  Kellogg  Jr.,  was  captured. 

Calling  into  service  a  larger  body  of  troops,  the  British 
government  again  resolved,  in  1709,  on  the  reduction  of  Canada. 
Tlie  event  of  this  attempt  was  like  that  of  the  former.  The 
English  squadron  did  not  arrive,  and  the  New  York  forces 
being  greatly  lessened  in  numbers  by  sickness,  the  expedition 
proved  a  complete  failure.  The  French,  notwithstanding  the 
threatened  invasion  of  Canada,  kept  smaU  parties  of  Indians  on 
the  English  frontiers.  By  some  one  of  these  straggling  forces 
Lieut.  John  Wells  and  John  Burt,  wdiile  on  a  scouting  expedi- 
tion, were,  in  May,  1709,  killed  in  a  skirmish  on  Onion  river  in 
the  present  state  of  Vermont.  Enraged  at  this  loss,  the  scout  to 
which  they  belonged  penetrated  to  Lake  Champlam,  and  killed 
several  of  the  enemy.  In  June  of  the  same  year  another 
attack  was  made  on  Deerfield  by  a  force  of  one  hundred  and 
eighty  French  and  Indians,  under  the  command  of  one  of  the  De 
Ivouvilles,  but  on  account  of  the  vigilance  of  the  inhabitants  the 
effort  proved  unsuccessful.  In  1710  an  armament  raised  in 
Massachusetts,  New  Hampshire,  and  Connecticut,  in  conjunction 
with  forces  from  England,  all  commanded  by  Colonel  Nicholson, 
sailed  from  Boston,  besieged  and  captured  Port  Royal,  and 
changed  the  name  to  Annapolis. 

During  the  year  1711  another  expedition  was  fitted  out 
against  Canada.  Tlie  fleet  accompanying  it  sailed  from  Boston 
on  the  30t]i  of  July,  but  was  wrecked  at  the  mouth  of  the  St. 
Lawrence  on  the  25th  of  August  following.  As  the  result  of 
this  disaster,  by  which  a  thousand  lives  were  lost,  the  expedi- 


1713.]  EQUIVALENT   LAITOS.  13 

tion,  tlie  third  wliich  liad  been  made  against  Canada  in  the 
space  of  four  years,  was  abandoned.  The  treaty  of  Utrecht 
was  signed  on  the  11th  of  April,  1713,  and  on  the  29th  of  the 
following  October,  was  proclaimed  at  Boston.  A  formal  peace 
was  made  with  the  Indians  on  the  11th  of  July,  1714,  at  Ports- 
mouth, New  Hampshire,  and  for  a  few  years  the  land  had  rest 
from  war.* 

Previous  to,  and  dm*ing  the  late  wars,  the  General  Court  of 
the  Province  of  the  Massachusetts  Bay  had  granted  several  large 
tracts  of  land,  which  were  supposed  to  be  situated  within  the 
provincial  Hmits.  Upon  this  presumption  these  tracts  had  been 
taken  up  and  surveyed  by  the  grantees,  and  many  of  them  had 
already  become  the  centres  of  permanent  and  flourishing  settle- 
ments. On  determining  the  boundaries  between  this  province 
and  the  colony  of  Connecticut,  in  the  year  1713,  107,793  acres 
of  the  land  so  granted,  were  found  to  be  without  the  true  hmits 
of  the  former  government.  Massachusetts,  wishing  to  retain  all 
the  territory  which  she  had  hitherto  supposed  her  own,  entered 
into  an  agreement  with  her  sister  colony,  in  accordance  with 
which  it  was  determined,  "  that  the  said  colony  of  Connecticut 
should  have  107,793  acres  of  land  as  an  equivalent  to  the  said 
colony  for  lands  allowed  and  granted  to  belong  to  the  said  pro- 
vince, that  fall  to  the  southward  of  the  hne  lately  run  between 
the  said  province  and  colony."  Although  the  southern  bound- 
ary of  Massachusetts  was  fixed  by  this  determination,  yet  it  was 
still  uncertain  how  far  her  territory  extended  to  the  north. 

The  equivalent  lands  were  located  in  fom*  different  places. 
One  of  the  portions  containing  43,943  acres,  situated  above 
Northfield,  on  the  west  bank  of  Connecticut  river,  within  the 
bounds  of  the  present  towns  of  Putney,  Dummerston,  and  Brat- 
tleborough,  in  the  state  of  Vermont,  was  limited  in  the  following 
manner :  "  The  north  east  corner  boundary  is  the  mouth  of  the 
brook,  at  the  northward  end  of  the  Great  Meadow,  where  s*^ 
brook  emptieth  itself  into  Connecticut  river  att  the  foot  of  Tay- 
ler's  island,  from  whence  it  bounds  upon  Connecticut  river  (as 
the  river  runs,)  eastwardly  down  to  the  mouth  of  the  brook  that 
emptieth  itself  into  Connecticutt  river  att  the  lower  end  of  the 
Meadow,  about  three  miles  southward  of  the  West  river.  And 
from  the  mouth  of  s*^  brook  it  extends  west  north  west  by  the 
needle  of  the  surveying  instrument  six  miles  and  half  and  from 

*  Hoyt's  Indian  Wars,  pp.  196-203. 


14  HISTOKT   OF   EASTERN   VERMONT.  [1713. 

tlience  it  extends  nearest  north  nortli  east  by  the  needle  of  the 
surveying  instrument  twelve  miles,  which  is  the  westerly  bound- 
ary of  s*^  lands,  and  from  thence  it  extends  east  south  east  by  the 
needle  of  the  surveying  instrument  six  miles  and  half  to  the 
mouth  of  the  brook  at  the  uper  end  of  the  Great  Meadow."* 

The  colony  of  Connecticut,  having  received  all  the  land  to 
which  she  was  entitled,  caused  it  to  be  sold  in  Hartford  at  public 
vendue,  on  the  21th  and  25th  of  April,  1Y16.  It  was  divided 
into  sixteen  shares,  and  was  bought  by  gentlemen  from  Con- 
necticut, Massachusetts,  and  London,  who  paid  for  it  six  hundred 
and  eighty-three  pounds,  New  England  currency,  which  amount- 
ed to  "  a  little  more  than  a  farthing  per  acre."  The  money  thus 
obtained  was  applied  to  the  use  of  Yale  CoUege.f 

The  purchasers  of  the  land,  being  then  tenants  in  common, 
made  partition  of  the  whole  amount,  and  the  tract  situated  above 
Northfield,  on  the  west  bank  of  Connecticut  river,  fell  to  William 
Dummer,  afterwards  Lieutenant  Governor  of  Massachusetts, 
Anthony  Stoddard,  William  Brattle,  and  John  White.  By  a  deed 
from  the  Honorable  Gurdon  SaltonstaU,  Governor  of  Connecticut, 
and  the  rest  of  the  proprietors,  this  tract  was  conveyed  to  the 
four  above  named  gentlemen,  "  as  their  part  and  j)roportion," 
and  was  by  them,  and  those  holding  under  them,  improved  and 
possessed  for  many  years.:}: 

Tlie  colonies  being  now  at  peace  with  the  Lidians,  the  frontier 
settlements  began  to  assume  a  more  prosperous  appearance,  and 
the  k>sses  which  had  been  sustained  by  the  ravages  of  the  enemy 
were  in  a  great  measure  repaired.  But  by  the  time  that  affairs 
had  become  so  arranged  as  to  invite  immigi-ation,  and  warrant 
the  safety  of  new  settlements,  Massachusetts  and  'New  Hamp- 
shire were  again  compelled  to  prepare  to  defend  their  borders 
against  the  Indians.  By  the  instigations  of  Sebastian  Rale, 
a  French  Jesuit,  who  had  gained  the  esteem  and  respect 
of  the  Indians,  they,  in  1T21,  began  their  usual  depredations, 
and  the  next  year  war  was  declared  against  them  by  Massa- 
chusetts. 

iSTortlifield  and  Deei-field  were  still  the  frontiers  of  this  pro- 

*  Records  in  the  office  of  the  Secretary  of  the  State  of  Connecticut,  entitled, 
"Coloniiil  Boundaries,  vol.  iii.,  Massachusetts,  1670-1827." 

f  See  Appendix  A.  Trumbull's  History  of  Connecticut,  L  471.  Williams's  His- 
tory of  Vermont,  ii.  10.     Doc.  Hist.  N.  Y.,  iv.  547,  548. 

\  Petition  of  Joseph  Bryant,  dated  August  11th,  1766,  in  office  of  the  Sec.  State 
K".  Y.,  Land  Papei-s,  1766,  vol.  xsi 


1721-1724.]  BUILDING   OF   FORT   DUMMER.  15 

vince  on  Connecticut  river,  and  these,  with  other  exposed  towns, 
were  rendered  defensible  against  the  attacks  of  the  enemy.  In 
order  more  effectually  to  secure  the  safety  of  the  inliabitants,  the 
General  Court  of  the  province  of  the  Massachusetts  Bay  voted, 
on  the  27th  of  December,  1723,  "  that  it  will  be  of  great  service 
to  all  the  western  frontiers,  both  in  this  and  the  neighboring 
government  of  Connecticut,  to  build  a  Block  House,  above 
Northfield,  in  the  most  convenient  place  on  the  lands  call'd  the 
Equivalent  Lands,,  and  to  post  in  it  40  able  men,  English  and 
Western  Indians,  to  be  employed  in  scouting  at  a  good  distance 
up  Connecticut  river,  West  river.  Otter  creek,  and  sometimes 
eastwardly,  above  great  Monadnuck,  for  the  discovery  of  the 
enemy  coming  towards  any  of  the  frontier  towns,  and  that  so 
much  of  the  said  Equivalent  Lands  as  shall  be  necessary  for  a 
Block  House  be  taken  up  with  the  consent  of  the  owners  of 
the  said  land,  together  with  five  or  six  acres  of  their  interval 
land,  to  be  broke  up  or  plowed  for  the  present  use  of  the  West- 
ern Indians,  in  case  any  of  them  shall  think  fit  to  bring  their 
families  thither."  * 

To  fulfil  the  provisions  contained  in  this  vote,  to  which  Lieu- 
tenant-Governor Dummer  gave  his  assent.  Col.  John  Stoddardf 
of  Northampton  was  ordered  to  superintend  the  building  of 
the  block  house.  The  immediate  oversight  of  the  work  was 
committed  to  Lieut.  Timothy  Dwight,:};  who  with  a  competent 
force,  consisting  of  "  four  carpenters,  twelve  soldiers  with  nar- 
row axes,  and  two  teams,"  commenced  operations  on  the  3d  of 
February,  1724.§ 

Before  the  summer  had  begun  the  fort  was  so  far  completed, 

*  Massachusetts  Court  Records,  1723-1725,  p.  153. 

f  An  estimate  of  the  character  of  "  this  distinguished  man"  is  given  in  Dwight's 
Travels,  i.  331-335. 

\  Lieut.  Timothy  Dwight  of  Northampton,  Mass.,  was  the  first  commander  at 
Fort  Dummer,  and  probably  occupied  that  position  from  February,  1724,  until  the 
close  of  the  year  1726.  But  this  office  did  not  engross  his  whole  attention.  In 
July  and  August,  1724,  he  superintended  the  erection  of  a  fort  at  Northfield,  and 
in  1725  was  engaged  as  a  surveyor.  He  was  afterwards  a  Judge  of  Probate  in 
tlie  county  of  Hampshire,  and  was  preceded  in  that  station  by  John  Stoddard  of 
Northampton,  and  Samuel  Partridge  of  Hatfield,  and  succeeded  by  Israel  Wil- 
liams of  the  latter  place. 

§  "  It  [the  fort]  was  built  by  carpenters  of  Northfield  at  5  shillings  per  diem, 
except  Crowfoot  [John  Crowfoot,  an  Indian  of  Springfield]  who  received  6  shil- 
lings. The  soldiers  slept  in  the  woods,  and  earned  2  shillings  per  diem  besides 
their  stated  pay.  The  horses  worked  hard,  eat  oats  and  nothing  else.  They 
earned  2  shillings  for  service,  per  diem." — Records  in  office  Sec.  State,  Massachu- 
setts, lii.  32. 


16  HISTORY   OF   EASTERN   VERMONT.  [1724:. 

as  to  be  habitable.  It  was  situated  on  the  west  bank  of  Con- 
necticut river,  in  the  south-east  corner  of  the  present  town  of 
Brattleborough,  on  what  are  now  called  "  Dummer  Meadows," 
and  was  named  Fort  Dummer,  in  honor  of  Sir  William  Dum- 
mer, at  that  time  Lieutenant-Governor  of  Massachusetts.* 
This  was  the  first  civilized  settlement  within  the  borders  of  the 
present  state  of  Yermont.  The  fort  was  built  of  yeUow  pine 
timber,  wliich  then  grew  in  great  abundance  on  the  meadow 
lands.  In  size  it  was  nearly  square,  the  sides  measuring  each 
about  one  hundred  and  eighty  feet  in  length.  It  was  laid  up 
in  the  manner  of  a  log-house,  the  timbers  being  locked  together 
at  the  angles.  In  a  letter  dated  February  3d,  172f ,  written 
by  Col.  John  Stoddard  to  Lieutenant-Governor  Dummer,  in 
reference  to  its  construction  he  said,  "  I  forgot  to  take  notice  of 
your  thought  of  setting  stockadoes  round  the  fort  to  keep  the 
enemy  at  a  distance.  I  don't  well  apprehend  the  benefit  of  it, 
for  we  intend  the  fort  shall  be  so  built  that  the  soldiers  shall  be 
as  safe,  if  the  enemy  were  in  the  parade,  as  if  they  were  with- 
out the  fort."  In  an  answer  to  this  letter.  Governor  Dummer 
advanced  other  suggestions.  "  Untill,"  wrote  he,  "  the  frost  be 
out  of  the  ground  how  will  you  lay  y'  foundation,  and  I  think 
there  ought  to  be  a  good  one  of  stone  and  that  carried  some 
height  above  y®  Ground,  and  also  cellars  for  the  use  and  con- 
veniency  of  so  many  people."  Tlie  houses  within  were  so  con- 
structed that  the  walls  of  the  fort  formed  the  back  wall  of  each 
building.  The  roof  was  a  single  one,  slanting  upward  to  the 
top  of  the  fort  walls.  All  the  houses  fronted  on  a  hollow 
square,  and  were  arranged  in  such  a  manner,  that  in  case  the 
enemy  should  burst  the  large  gate  which  closed  the  entrance 
to  the  fort,  and  gain  access  to  the  parade,  they  could  be 
instantly  rendered  defensible  by  barricading  the  doors  and 
windows.  Besides  the  small  arms  with  which  the  soldiers 
were  furnished,  the  garrison  was  also  defended  by  four  pat- 
tararoes. 

From  the  time  the  fort  was  commenced  until  the  first  of  June 
following,  Captain  D wight's  force  numbered  in  all  fifty-five 
€flfective  men,  of  whom  forty-three  were  English  soldiers,  and 
the  remainder  Indians.  The  latter  belonged  to  the  "  Maquas" 
tribe,  and  were  under  the  command  of  their  sachems,  Hendi-ick 


*  The  site  of  Fort  Dummer  and  the  adjoining  meadow  belonging  to  it,  form  a 
portion  of  what  is  now  known  aa  the  "  Brooks  farm." 


1724.]  INDIAN    SOLDIERS.  17 

Maqua,  of  Connaucliiwhorj,  and  Umpaumet,  who  dwelt  on  tlie 
banks  of  Hudson  river.* 

Great  importance  was  attached  to  the  presence  of  the  In- 
dians, and  various  means  were  taken  to  retain  them  in  the  ser- 
vice. On  the  20th  of  June,  1724,  a  committee  which  had  been 
appointed  by  the  General  Court  of  Massachusetts  to  examine  a 
demand  made  by  the  Maquas,  engaged  in  the  service  of  that 
government  at  Fort  Dummer,  reported,  pursuant  to  the  pro- 
mise of  Col.  Schuyler,  "  that  two  shillings  per  day  be  alloM'ed 
to  Hendrick  and  Umpaumet,  as  they  are  sachems,  and  the  first 
of  that  rank  that  have  entered  into  the  service  of  this  province  ; 
That  none  of  y*  Indians  be  stinted  as  to  allowance  of  provisions ; 
That  they  all  have  the  use  of  their  arms  gratis,  and  their  guns 
mended  at  free  cost ;  That  a  supply  of  knives,  pipes,  tobacco, 
lead,  shot,  and  flints,  be  sent  to  the  commanding  officer  at  the 
fort,  to  be  given  out  to  them,  according  to  his  discretion  ;  That 
four  barrels  of  rum  be  sent  to  Capt.  Jon*-  Wells,  at  Deerfield, 
to  be  lodged  in  his  hands,  and  to  be  dehvered  to  the  command- 
ing officer  at  the  Block-House  as  he  sees  occasion  to  send  for  it, 
that  so  he  may  be  enabled  to  give  out  one  gill  a  day  to  each 
Indian,  and  some  to  his  other  men  as  occasion  may  require." 
But  with  all  these  and  other  endeavors  the  Indians  could  not 
be  induced  to  remain  at  the  fort  for  more  than  a  year. 

From  the  time  the  fort  was  commenced  those  to  whom  it 
was  intrusted  seem  to  have  exercised  a  care  for  the  moral  wel- 
fare of  those  who  were  there  stationed.  In  the  letter  of  Col. 
Stoddard,  above  referred  to,  he  remarked  on  this  subject: 
"  Dwight  thinks  they  should  live  a  heathenish  life  unless  a 
chaplain  be  allowed,  and  besides  the  advantage  the  English 
soldiers  may  receive  from  him,  it  may  possibly  be  an  oppor- 
tunity to  Christianize  the  Indians,  which  the  Assembly  (in  the 
former  part)  seemed  very  desirous  of."  In  accordance  with 
this  wish  the  General  Court  voted  on  the  3d  of  June,  that  "  Dr. 

*  Tlie  names  of  these  Indians,  with  their  residence,  are  contained  in  the 
annexed  list. 

Under  Hendrick  Maqua. 
Ezerus  of  Connauchiwhory ;  Kewauchcum  of  Westonhook ; 

Cosaump  of  Wittang. 
Under  Umpaumet  or  Ampaumet. 
Wattunkameeg,  Noonoowaumet, 

Pomagun,  Poopoonuck,  from  Hudson  river ; 

Waunoouooseet,  Suckkeecoo  from  "  Scahticook." 

Faukaquint, 

2 


18  mSTOKT   OF   EASTEKN   VERMONT.  [1724. 

Mather,  Mr.  Coleman,  Mr.  Sewall,  Mr.  Wadswortli,  be  desired 
to  procure  a  person  of  gravity,  ability,  and  prudence,"  to  be  pre- 
sented to  the  Governor  for  his  approval,  as  chaplain  to  the  fort. 
Daniel  Dwight,  of  Northampton,  was  chosen  to  this  post,  but  it 
does  not  appear  that  he  held  it  long.  His  pay  was  fixed  at  one 
hundred  pounds  for  the  year,  and  besides  his  duties  as  chaplain 
it  was  more  especially  enjoined  upon  him  to  "  instruct  the  In- 
dian natives  residing  thereabouts  in  the  true  Christian  reli- 
gion." 

The  soldiers  were  provided  with  goods  and  clothing  by  the 
commander  of  the  fort,  who  received  his  supplies  from  the  Trea- 
surer of  the  province  of  Massachusetts,  and  sold  them  at  a  more 
reasonable  rate  than  they  could  have  been  obtained  elsewhere. 

!No  sooner  were  the  necessary  arrangements  comj)leted,  and 
the  fort  garrisoned  by  English  and  by  friendly  Indians,  than  the 
hatred  and  suspicion  of  the  Canada  tribes  in  the  employ  of  the 
French  and  of  the  Maseesqueeg  or  Scatacook  Indians  received 
a  new  impulse,  and  their  reconnoitring  parties  began  to  be  sources 
of  the  greatest  annoyance.  On  the  25th  of  June  the  Indians 
attached  to  the  fort  discovered  tracks  to  the  south  which  appeared 
to  have  been  made  only  a  short  time  previous.  A.  party  of 
sixteen  proceeded  on  a  scout,  and  soon  after  fell  in  with  about 
forty  of  the  enemy ;  but  their  force  being  too  small  to  accomplish 
what  they  had  wished,  they  returned  without  hazarding  an 
attack.  On  the  11th  of  October  Fort  Dummer  was  attacked  by 
seventy  of  the  enemy,  and  fom*  or  five  of  its  occupants  were 
either  killed  or  wounded.  Col.  Stoddard  of  Northampton,  who 
was  at  that  time  intrusted  with  the  defence  of  this  quarter  of 
the  country,  immediately  marched  from  that  place  with  fifty 
men,  but  the  enemy  had  left  the  fort  before  he  arrived. 

Capt.  Joseph  Kellogg,  who  was  engaged  at  this  time  in 
watching  Fort  Dummer,  and  two  other  garrisons  on  the  western 
frontiers  of  Massachusetts,  having  received  orders  to  scout, 
commenced  sending  out  parties  on  the  30th  of  November. 
Tlie  routes  which  they  took  "for  the  discovery  of  the  enemy" 
were  various,  and  can  be  easily  traced  at  the  present  time,  the 
names  by  which  the  streams,  mountains,  and  falls  were  then 
designated  being  in  most  instances  the  same  as  at  present. 
Sometimes  their  course  lay  along  the  west  side  of  Connecti- 
cut river,  and  ended  at  the  Great  Falls.*    Again  they  would 

*  Now  Bellows  Falls. 


1725.]  SCOUTING    PARTIES.  19 

follow  up  "West  river  a  few  miles,  and  then  striking  across  the 
countiy,  reach  the  Great  Falls  by  a  different  route.  Sometimes 
their  place  of  destination  would  be  the  Great  Meadow,  and  anon 
we  read  that  they  "  came  upon  Sexton's  river  six  miles  from 
y®  mouth  of  it,  w°  empties  itself  at  y®  foot  of  y^  Great  Falls, 
and  then  they  came  down  till  they  came  to  y*  mouth  of  it  and 
so  returned."  On  another  occasion  they  were  "  sent  up  y^ 
West  River  Mountain,  there  to  Lodge  on  y®  top  and  view 
Evening  and  Morning  for  smoak,  and  from  thence  up  to  y® 
mountain  at  y®  Great  Falls  and  there  also  to  Lodge  on  y^  top 
and  view  morning  and  evening  for  smoaks."  Thus  most  of  the 
winter  was  spent,  in  traversing  the  wilderness,  fording  bridgeless 
streams,  and  climbing  mountains  slippery  with  snow  and  ice. 
To  such  vigilance  and  activity  it  was  owing  that  for  nearly  a 
year,  and  at  a  time  when  the  Lidians  were  exceedingly  trouble- 
some and  unfriendly.  Fort  Dummer  and  the  adjacent  garrisons 
were  unmolested  by  them. 

During  the  month  of  July,  in  the  year  1725,  Capt.  Benja- 
min Wright,  of  I^orthampton,  being  on  a  scouting  expedition 
with  a  corps  of  volunteers,  consisting  of  about  sixty  men,  ascend- 
ed the  Connecticut  river  as  high  as  Wells  river,  which  stream 
he  explored  some  distance  ;  and  after  having  passed  several 
small  lakes,  struck  Onion  or  AVinooski  river,  and  followed  it  until 
within  sight  of  Lake  Champlain.  Provisions  becoming  scarce, 
the  party  retraced  their  steps  and  returned  to  Northfield  without 
meeting  the  enemy.  In  his  journal,  Wright  mentions  "  a  fort  at 
the  mouth  of  Wells  river."  As  we  have  no  other  account  of 
such  an  establishment  than  the  one  here  given,  the  suggestion 
of  Mr.  Hoyt  is  no  doubt  correct,  that  it  was  "  probably  a  small 
stockade,  for  the  security  of  the  scouts."  On  the  28th  of  Sep- 
tember, Capt.  Dwight,  of  Fort  Dummer,  sent  out  a  party  of 
six  men  to  scout  in  a  westerly  direction.  On  their  return,  while 
halting  to  refresh  themselves,  they  were  attacked  by  the  Li- 
dians,  who,  fourteen  in  number,  came  suddenly  upon  them. 
The  scouts  fired,  but  successful  resistance  was  out  of  their 
power.  Thomas  Bodurtha  of  Springfield,  and  John  Pease  of 
Enfield,  were  killed ;  Edward  Baker  of  Suflfield,  John  Farrar  of 
Ashford,  and  ISTathaniel  Chamberlain  of  Hatfield,  were  captur- 
ed ;  and  Anthony  Wiersbury,  a  German,  reached  the  fort  in 
safety,  being  the  only  one  of  the  party  who  escaped  unharmed.* 

*  MS.  papers  in  office  Sec.  State,  Mass.     Hoyt's  Indian  Wars,  p.  215. 


20  HISTORY    OF   EASTERN    VERMONT.  [1Y25-1Y31; 

Altliougli  attacks  were  frequently  made  on  the  English  settle- 
ments in  New  Hampshire  and  along  the  Connecticut,  by  the 
French  or  Abenaquis  Indians,  yet  it  must  be  remarked  that 
this  conduct  did  not  arise  from  the  enmity  of  France  and  Eng- 
land, for  at  that  time  those  nations  were  at  peace  with  one  an- 
other. In  order,  if  possible,  to  bring  to  an  end  the  war  in  Ame- 
rica, commissioners  were  sent  from  Massachusetts  and  New 
Hampshire  to  Canada.  They  were  politely  received  by  the 
Marquis  de  Yaudi-euil,  Governor  of  Canada,  but  were  unable 
to  eflect  with  him  the  object  of  their  mission.  A  few  depreda- 
tions were  committed  after  the  commissioners  returned,  but  it 
was  soon  ascertained  that  the  Indians  were  not  averse  to  peace. 
In  accordance  with  their  desire,  a  treaty  of  that  nature  was  held 
at  Boston  on  the  15th  of  December,  and  was  ratified  at  Fal- 
mouth the  following  spring.  This  being  publicly  declared, 
the  garrisons  were  withdrawn  from  many  of  the  forts,  and  on 
the  2Tth  of  August,  1726,  the  forces  "  at  the  Block-House  above 
Northfield"  were  ordered  to  be  dismissed  from  the  service.  By 
a  mistake,  the  order  was  withheld  until  news  came  on  the  24:th 
of  November,  that  some  of  the  Canada  tribes  were,  by  the  com- 
mand of  the  Governor  of  Canada,  "  spirited  out  for  mischief  on 
the  frontiers."  On  the  receipt  of  this  information,  by  the  advice 
of  the  Lieutenant-Governor,  the  garrison  was  continued  until 
the  cause  of  danger  was  removed.* 

Capt.  Joseph  Kellogg,  who  had  been  for  many  years  a  pri- 
soner among  the  French  and  Indians  in  Canada,  and  had  learned 
the  manner  in  which  the  peltry  trade  was  conducted  between 
them  and  the  western  Indians,  having  presented  a  memorial  to 
the  General  Court  of  Massachusetts,  on  the  15th  of  January, 
172T,  in  which  he  expressed  his  belief  that  the  same  kind  of 
trade  might  be  carried  on  by  the  Massachusetts  government  to 
good  advantage,  followed  up  this  statement  with  a  request  that 
a  trading-house  might  be  estabHshed  at  Fort  Dummer  or  further 
up  Connecticut  river.  To  this  petition  a  favorable  answer  was 
given.  In  order  to  insure  a  continuance  of  the  friendship  of 
the  Indians,  the  General  Court  agreed  to  supply  them  with 
such  articles  of  food  and  clothing  as  they  should  need,  and  take 
their  furs  in  exchange.  Fort  Dummer,  being  conveniently 
situated  for  a  "  Truck-house,"  was  selected  for  that  purpose, 
and  was  thus  "  improved  "  for  many  years,  the  business  being 

*  MS.  papers.    Belk.  Hist.  K  H.,  ii.  70-80. 


1725-1731.]  JAJVEES  coss's  journal.  21 

under  tlie  charge  of  Joseph  Kellogg,  who  bore  the  titles  both 
of  Captain  and  Truck-master.* 

The  Indians,  finding  that  they  could  carry  on  a  cheaper  trade 
at  this  station  than  at  the  French  trading-houses,  resorted 
hither  in  large  numbers,  bringing  with  them,  among  other 
articles  of  traffic,  deer  skins,  moose  skins,  and  taUow.  The  fort 
was  soon  found  to  be  too  small  to  accommodate  all  who  came  to 
it,  and  Capt.  Kellogg  was  accordingly  ordered,  on  the  10th  of 
April,  1729,  to  raise  an  out-house  in  some  convenient  place 
near  the  Ti-uck-house,  "  for  the  reception  of  the  Indians,"  At 
the  same  time  he  was  directed  to  build  a  boat  for  transporting 
the  supplies,  to  advance  fifteen  instead  of  fifty  per  cent,  on  pro- 
visions, and  to  supply  the  soldiers  with  clothing  at  the  same  price 
with  the  Indians.  He  was  also  permitted  to  sell  beaver  skins 
to  the  people  residing  in  the  vicinity  who  should  desire  to 
obtain  them  for  the  purpose  of  converting  them  into  hats.  In 
July,  1731,  further  improvements  were  made  at  the  block-house 
by  the  addition  of  a  store-house  at  the  back  of  the  main  build- 
ing, and  by  repairs  which  had  become  necessary. 

The  route  which  the  Indians  usually  took  in  going  from 
Canada  to  Fort  Dummer,  was  by  Lake  Champlain,  Otter 
creek,  and  Black  and  Connecticut  rivers.  The  government  of 
Massachusetts  being  about  to  take  measures  to  ascertain  the 
exact  course  of  this  "Indian  road,"  obtained  from  a  certain 
James  Coss  or  Cross,  the  following  diary  of  a  journey  from  Fort 
Dummer  to  Lake  Champlain,  performed  in  the  year  1730. 
From  it  something  may  be  learned  of  the  manner  of  travelling 
in  the  wilderness  in  those  early  times,  and  of  the  hardships  per- 
taining thereto. 

"  Monday,  y^  27th  April,  1730,  at  about  twelve  of  y«  clock 
we  left  Fort  Dummer,  and  travailed  that  day  three  miles,  and 
lay  down  that  night  by  West  River,  which  is  three  miles  dis- 
tant from  Fort  Dummer.  Notabene.  I  travailed  with  twelve 
Canady  Mohawks  that  drank  to  great  excess  at  y®  fort  and 
killed  a  Skatacook  Indian  in  theii*  drunken  condition,  that  came 
to  smoke  with  them. 


*  The  first  appropriation  for  trading  purposes  was  made  on  the  19th  of  June, 
1728.  -when  the  General  Coui-t  voted  to  set  apart  "£1000,  equal  to  about  £333 
6s.  8d.  sterling,  for  the  purchasing  goods  to  be  lodged  at  the  Truck-house  above 
Northfield,  to  supply  the  Indians  witlial."  The  Truck-master  was  ordered  "  to 
advance  50  per  cent,  on  ram,  sugar,  and  molaases,  and  2.5  per  cent,  on  European 


22^  mSTOKT   OF   EASTEEN   VERMONT.  [1Y25-1731. 

"  Tuesday.  "We  travailed  upon  the  great  Kiver'^  about  ten 
miles. 

"  Wednesday.  "We  kept  y^  same  course  upon  y®  great  River 
travailed  about  ten  miles,  and  eat  a  drowned  Buck  that  night. 

"  Thursday.  We  travailed  upon  the  great  River  within  two 
miles  of  y^  Great  Fallsf  in  said  River,  then  we  went  upon  Land 
to  the  Black  River  above  y^  Great  Falls,  went  up  in  that  River 
and  lodged  about  a  mile  and  a  half  from  the  mouth  of  Black 
River,  which  days  travail  we  judged  was  about  ten  miles. 

"  Fryday.  We  cross  Black  River  at  ye  Falls:}:  afterwards 
travail  through  y®  woods  N.N,  W.  then  cross  Black  River  again 
about  17  miles  above  our  first  crossing,  afterwards  travailed  y® 
same  com*se,  and  pitched  our  tent  on  y®  homeward  side  of 
Black  River. 

"  Saturday.  We  crossed  Black  River,  left  a  great  mountain 
on  y^  right  hand  and  another  on  ye  left.§  Keep  a  N. W.  course 
till  we  pitch  our  tent  after  11  miles  travail  by  a  Brook  which  we 
called  a  branch  of  Black  River. 

"  Sabbath  Day,  Soon  after  we  began  our  days  work,  an  old 
pregnant  squaw  that  travailed  with  us,  stopt  alone  and  was 
delivered  of  a  child,  and  by  Monday  noon  overtook  us  with  a 
living  child  upon  her  Back.  We  travail  to  Black  River.  At 
ye  three  islands,  between  which  and  a  large  pound  we  past  y® 
River,  enter  a  mountain,!  that  afforded  us  a  prospect  of  y® 
place  of  Fort  Dummer.  Soon  after  we  enter  a  descending 
country,  and  travail  till  w^e  arrive  at  Arthur  Creek^  in  a 
descending  land.  In  this  days  travail  which  is  21  miles,  we 
came  upon  seven  Brooks  which  run  a  S.  W.  course  at  ye  north 
end  of  said  Mountain.  From  Black  River  to  Arthur  Creek  we 
judge  is  25  miles. 

"  Monday.  Made  Canoes, 

"  Tuesday,  Hindered  travailing  by  rain. 

"  Wednesday.  We  go  in  our  Canoes  upon  Arthur  Creek,  till 
we  meet  two  great  falls  in  said  River,**  Said  River  is  very 
Black  and  deep  and  surrounded  with  good  land  to  y®  extremity 
of  our  prospect.     This  days  travail  35  miles. 


*  Connecticut  river.  •)•  Bellows  Falls. 

X  At  Centre  village  in  the  town  of  Springfield.      See  Zadock  Thompson's  Ver. 
mont,  Part  III.,  p.  164. 

§  In  the  townsliip  of  Ludlow. 

I  In  tlie  township  of  Plymouth,  where  Black  river  rises. 

■[T  Otter  creek  **  Probably  in  the  town  of  Rutland. 


1725-1731.]  INDIAN   COJEVnSSIONEES.  2S 

"  Thursday.  We  sail  40  miles  in  Arthur  Creek.  We  meet 
with  great  Falls,*  and  a  little  below  them,  we  meet  with  two 
other  great  ralls,f  and  about  10  miles  below  y^  said  Falls  we 
meet  two  other  pretty  large  Falls.:}:  We  carryd  om*  Canoes 
by  these  Falls  and  come  to  y®  Lake."§ 

The  garrison  at  Fort  Dummer,  which  had  been  reduced  in 
1727,  was,  in  January,  1731,  reinforced  by  the  addition  of  ten 
soldiers,  and  from  that  time  until  the  year  1750,  it  seldom 
numbered  less  than  twenty  men,  and  in  times  of  danger  often 
amounted  to  fifty.  The  Rev.  Ebenezer  Hinsdellf  was  in  1730 
appointed  to  the  chaplaincy  of  the  fort,  which  post  he  probably 
held  twelve  or  fourteen  years,  being  much  beloved  both  by  the 
Indians  and  the  English.^ 

In  order  to  render  trade  with  the  Indians  more  advantageous, 
and  to  strengthen  the  bonds  of  peace  and  friendship,  Capt. 
Kellogg  received  into  the  fort  on  the  8th  of  October,  1734,  three 
commissioners  from  the  "Scaticook"  tribe,  whose  names  and 
titles  were,  Masseguun,  first  captain  ;  ISTannatoohau,  second  cap- 
tain ;  Massamah,  lieutenant ;  and  on  the  1st  of  September,  1735, 
thi'ee    other  commission  officers  of   the  Caughnawaga  tribe, 


*  Middlebnry  Falls.  •)•  At  Weybridge. 

^  At  Vergennes. 

§  Bound  MSS.  in  office  Sec.  State,  Mass.,  A.  xxxviii.  12(5,  12V. 

I  lie  was  for  several  years  a  missionary  to  the  Connecticut  river  Indians.  In 
a  letter  which  he  wrote  from  Fort  Dummer,  dated  January  26th,  1731,  refer- 
ring to  his  labors,  he  stated  that  "  a  good  disposition"  was  prevalent  among  the 
Indians,  that  on  Sunday  a  number  of  them  usually  assembled  to  listen  to  him, 
that  a  child  had  been  presented  to  him  for  baptism,  to  which  he  had  refused  to 
administer  the  rite  because  its  parents  were  not  Christians,  that  he  had  endea- 
vored to  instruct  the  parents  in  Christianity,  but  had  as  yet  met  with  no  success. 
In  1743,  Mr.  Hinsdell  erected  a  fort  witliiu  the  limits  of  the  present  town  of 
Hinsdale,  New  Hampshire,  and  in  the  same  year  he  and  Josiah  Willard,  the  com- 
mander of  Fort  Dimimer,  were  appointed  undei^cominissioners  for  the  northern 
portions  of  Massachusetts,  and  the  adjacent  frontiers.  This  post  they  held  until 
October  26th,  1746.  Hinsdell's  efforts  in  behalf  of  the  growth  and  prosperity 
of  the  province  were  not  unobserved,  and  on  November  10th,  1748,  Governor 
Shirley  desired  the  General  Court  "  to  provide  a  few  men  for  the  defence  of 
Mr.  Hinsdell's  fort  below  Fort  Dummer  for  the  winter  season,"  a  request  which 
was  undoubtedly  complied  with.  In  the  year  1769,  he  resided  near  Sugar 
Loaf  Mountain,  in  the  town  which  is  now  known  as  South  Deerfield,  Massachu- 
setts. 

^  It  is  difficult  to  ascertain  the  exact  date  of  transactions  which  occurred  at 
this  period,  owing  to  the  burning  of  the  Town  House  in  Boston,  on  December 
9th,  1747,  at  which  time  were  destroyed  "  The  Books  of  Records  of  the  General 
Assembly  of  Massachusetts,  from  July  5th,  1737,  to  September  30tb,  1746,  and 
of  his  Majesty's  Council." 


24  HISTORY   OF   EASTERN   VERMONT.  [1Y35-1738. 

named  Ontaiissoogoe,  colonel ;  Thyhausilhau,  lientenant-colonel ; 
Conneighau,  major.  Yearly  pensions  were  granted  to  them, 
and  they  remained  in  the  pay  of  the  truck-house  until  1744, 
when  it  was  again  turned  into  a  fort. 

Massachusetts  having  deemed  it  necessary  to  renew  a  certain 
treaty  which  had  been  made  with  the  Indians  some  years 
before,  appointed  John  Stoddard,  Eleazer  Porter,  Thomas  Wal- 
lis,  Joseph  Kellogg,  and  Israel  Williams,  commissioners,  who  by 
agreement  met  Ontaussoogoe  and  other  delegates  of  the  Caugh- 
nawaga  tribe,  at  Fort  Dummei,  on  the  5th  and  6th  of  October, 
1737.  Friendly  speeches  were  made  by  both  parties,  the  health 
of  King  George  was  drank,  and  the  death  of  the  Governor's  lady 
deplored.  Blankets  and  wampum  were  exchanged,  and  the 
representatives  of  the  Indians  and  the  English  separated  with 
expressions  of  mutual  good-will  and  friendship.*  In  the  same 
year  the  truck-house  was  burned,  but  whether  entirely  or  par- 
tially, there  is  nothing  on  record  to  show.f 

During  this  season  of  comparative  quiet,  Massachusetts  and 
Kew  Hampshire  granted  several  new  townships  on  their  fron- 
tiers, the  former  extending  her  grants  to  the  northward  and 
westward,  and  along  Connecticut  river,  above  iN^orthfield,  em- 
bracing on  the  east  banks  of  that  stream  the  present  towns  of 
Hinsdale,  Chesterfield,  "Westmoreland,  Walpole,  and  Charles- 
town.  These  five  towns  were  at  first  included  in  four,  and  for 
several  years  were  known  by  their  numbers.  Beginning  at 
Hinsdale,  Charlestown  was  Number  Four.  As  to  the  settlements 
west  of  the  Green  Mountains,  the  first  of  them  was  made  by  the 
French  in  1731,  at  Chimney  Point,  in  the  south-west  corner  of 
what  is  now  the  township  of  Addison.  But  this,  as  well  as  the 
settlement  at  Fort  Frederick,  now  Crown  Point,  on  the  west  side 
trf  the  Lake,  was  subsequently  broken  up,  and  the  settlers,  with 
the  garrison  of  the  fort,  were,  in  the  year  1759,  removed  to 
Canada. 

*  See  Appendix  B,  containing  an  accomit  of  the  proceedings  at  the  renewal  of 
the  treaty. 

f  Tlie  only  hint  of  this  circunwtance  is  contained  in  a  petition  to  Governor 
Jonathan  Belcher,  from  John  Sargent,  dated  Nov.  29th,  1738,  in  which  he  says  he 
was  "  formerly  taken  prisoner  to  Canada,  afterwards  was  under  Captain  Kellogg 
at  tlie  truck-house,  north  of  Northfield,  and  was  a  great  sxiflferer  in  1737  when  it 
was  burned," 


CHAPTEK  n. 

CONFLICTS   WITH   THE   INDIANS. 

Boundary  Disputes— Sartwell's  Fort — Bridgman's  Fort — Defences  at  Fort  Dum- 
mer — Traffic  with  the  Indians — Maintenance  of  Fort  Dummer — Disputes 
between  the  Assembly  of  New  Hampshire  and  the  General  Court  of  Massa- 
chusetts Bay — Declaration  of  War  between  England  and  France — Establishment 
of  Forts — Indian  Depredations — "William  Phips — Presents  to  the  Indians — 
Attack  on  the  Fort  at  the  Great  Meadow — Capture  of  Nehemiah  How — For  fear 
of  the  Enemy  the  Settlers  leave  their  Abodes— Siege  of  Number  Four,  after- 
wards Charlestown — Burning  of  Bridgman's  Fort — Second  Attack  on  Number 
Four — Fight  between  Capt.  Melvin  and  the  Indians — Capt.  Stevens's  Expedi- 
tion— An  Ambuscade — Account  of  the  Captives  who  were  taken  to  Canada — 
Running  the  Gauntlet — Capt.  Humphrey  Hobbs's  Encounter  with  the  Indians — 
Conflict  near  Fort  Dummer — Brave  Conduct  of  the  Soldiers — Route  pursued 
by  the  Indians — Fight  at  Fitch's  Block-house — Propositions  for  Protection. 

The  dispute  between  Massachusetts  and  New  Hampshire  as  to 
the  northern  boundarj  of  the  former  province,  which  had  con- 
tinued since  the  year  1Y30,  was  determined  on  the  9th  of  April, 
1740.  The  decision  gave  to  New  Hampshire  a  tract  of  country 
fourteen  miles  in  breadth,  and  above  fifty  in  length — a  greater 
quantity  than  she  had  ever  claimed — and  took  from  Massa- 
chusetts twenty-eight  new  townships  between  the  Merrimack, 
and  Connecticut  rivers,  besides  a  large  amount  of  vacant  lands. 
But  the  settlement  of  one  dispute  only  gave  rise  to  another. 
A  part  of  the  south  boundary  of  New  Hampshire,  beginning  at 
a  point  three  miles  due  north  of  Patucket  falls,  was  declared  in 
the  decision  referred  to,  to  be  "  a  straight  line,  drawn  from  thence 
due  west,  till  it  meets  with  his  Majesty's  other  governments;" 
but  the  uncertainty  which  then  prevailed  as  to  the  legal  extent 
of  "his  Majesty's  other  governments,"  was  the  cause  not  only 
of  a  controversy  in  this  instance,  but  of  another  which  at  a  later 
period  engaged  the  attention  of  New  Hampshire,  New  York, 
and  the  "  New  Hampshire  Grants"  for  many  years. 


26 


HISTOET   OF   EASTERN   YEEMONT. 


[1740. 


The  command  of  Fort  Dummer  having  been  given  to  Capt. 
Josiah  Willard  in  1740,  its  former  commander,  Joseph  Kellogg, 
was  appointed  Indian  interpreter  for  the  garrison,  which  office 
he  held  until  the  year  1749.  Great  pains  were  taken  to  obtain 
fi'om  the  Indians  then  in  the  service  of  the  fort,  as  much. 
assistance  as  was  compatible  with  their  indolent  dispositions ; 
and  in  order  to  remove  one  of  the  causes  which  had  too  long 
tended  to  lower  their  condition,  they  were  deprived  of  the  sup- 
plies of  liquor  which  had  for  a  long  time  composed  a  part  of 
their  rations.  As  the  frontier  settlements  extended,  it  became 
necessary  for  the  inhabitants  to  increase  and  strengthen  their 
defences.  The  forts  or,  more  properly,  block-houses  of  this 
period  were  generally  built  with  large  squared  timbers  laid 
horizontally  one  above  the  other,  in  the  shape  of  an  oblong  or 
square,  and  locked  together  at  the  angles  in  the  manner  of  a  log 
cabin.  This  structure  was  roofed,  and  furnished  with  loopholes 
on  every  side,  through  which  to  observe  and  attack  the  enemy. 
The  uj)per  story  usually  projected  over  the  lower,  and  under- 
neath this  projection  other  loopholes  were  cut,  to  enable  those 
within  to  fire  down  on  the  assailants,  in  case  of  a  close  approach. 
In  this  manner  did  Josiah  SartweU  build  the  fort  which  was 

afterwards  called  by  his 
;-^^~'  —  name.      It  stood  about 

one  hundred  rods  from 
Connecticut  river,  in  the 
north  part  of  what  was 
for  a  long  time  Hinsdale, 
now  Yernon,  Yermont, 
and  four  miles  south  of 
Brattleborough.  To  the 
east  of  it  ran  the  pub- 
lic road.  It  was  taken 
down  in  1838,  after  hav- 
ing stood  ninety-eight 
years,  and  on  its  site 
there  has  since  been  erected  a  house  which  is  owned  and 
occu|)ied  l)y  the  Hon.  Ebenezer  How  Jr.,  a  great-great-grand- 
son of  Josiah  Sartwell,  and  a  gi-eat-grandson  of  Caleb  How,  who 
was  killed  by  the  Indians.  Bridgman's  Fort,  of  similar  con- 
stniction,  was  probably  built  the  same  year  by  Orlando  Bridg- 
man.  It  was  situated  one  half  of  a  mile  south  of  Sartwell's 
Fort,  on  the  east  side  of  the  road,  and  with  the  exception  of 


Sartwell's  Fort 


1740.]  DEFENCES   AT   FOKT   DUjVEMEE.  27 

Fort  Dummer,  was  the  only  place  picketed  and  secure  in  tliat 
vicinity.  About  the  same  time  a  settlement  was  made  on  the 
"  Great  Meadow,"  in  what  is  now  the  town  of  Putney,  and  a 
garrison  called  Fort  Ilill  was  built  in  the  centre  of  the  "  Mea- 
dow ;"  but  by  whom  it  w^as  erected  or  occupied  is  not  known. 
On  the  other  side  of  Connecticut  river,  Number  Four,  after- 
wards Charlestown,  which,  with  a  number  of  other  townships, 
had  been  granted  by  Massachusetts  in  1736,  although  but  lately 
settled,  had  already  begun  to  be  a  post  of  some  importance. 
Another  station  of  note  was  Hinsdell  or  Hinsdale's  Fort.  It 
was  situated  in  the  town  of  Hinsdale,  N.  H.,  nearly  opposite  to 
Sai-twell's  Fort,  and  was  built  by  the  Rev.  Ebenezer  Hinsdell, 
in  1713. 

Fort  Dummer  being  in  a  defenceless  condition,  Capt.  Josiah 
Willard,  "  for  himself  and  those  under  his  command,"  informed 
the  Governor  of  Massachusetts  on  the  24th  day  of  June,  1740, 
that  they  were  "  willing  to  be  at  the  cost  of  putting  y^  garrison 
into  a  posture  of  defence,  and  erect  two  sufficient  bastions  at 
opposite  angles,  providing  the  government  will  be  at  the  charge 
of  hiring  a  carpenter  and  provide  nails,  iron  work  and  boards." 
The  proposition  was  acceded  to,  and  the  fort  was  made  more 
defensible  than  it  had  ever  been  before.  Within  were  four 
province  houses,  as  they  were  called,  two  stories  in  height, 
comfortable,  and  for  these  days  even  convenient ;  besides 
which  there  were  two  or  three  smaller  houses,  containing  a 
room  each,  which  could  be  occupied  when  the  garrison  num- 
bered more  than  its  complement  of  men.  Without,  the  fort  was 
picketed.  Posts  twenty  feet  in  height  placed  perpendicularly 
in  the  ground  side  by  side,  and  sharpened  at  the  upper  end, 
surrounded  it  on  every  side.  Openings  were  left  in  the  pickets 
through  which  to  fire  on  the  enemy,  and  at  opposite  angles  of 
the  fort,  twenty-five  feet  from  the  ground  and  five  above  the 
tops  of  the  pickets,  square  boxes  were  placed  in  which  the 
sentinels  kept  guard.  To  the  patteraroes  with  which  the  gar- 
rison was  originally  furnished,  several  swivels  were  now  added, 
which  enabled  the  inmates  of  the  fort  to  receive  the  enemy 
with  an  enfilading  fire,  thus  rendering  the  place  comparatively 
secure.  The  "  Great  Gun  "  of  which  mention  is  so  often  made 
in  papers  relating  to  Fort  Dummer,  whose  report  could  be  heard 
for  many  miles,  was  never  fired  except  as  a  signal  for  assistance, 
or  on  the  reception  of  some  fortunate  or  pleasing  news.* 

*  Bound  MS.  in  office  Sec.  of  State  Mass.  Ixxii.  496. 


28  HISTORY    OF   EASTERN   VERMONT.  [1744. 

Tlie  declaration  of  war  by  Great  Britain  against  France  and 
Spain  on  the  29th  of  March,  1744,  was  followed  by  its  procla- 
mation at  Boston  in  the  month  of  June  following.  An  Indian 
war  was  a  necessary  appendage  in  the  American  colonies  to  a 
war  with  France,  and  during  this  contest,  called  by  some  the 
first  French  war,  and  by  others  the  Cape  Breton  war,  the  almost 
daily  cruelties  practised  by  the  Indians  were  witness  to  their 
long-fostered  determination  of  vengeance  for  the  misfortunes 
which  they  had  suffered  on  account  of  the  whites.  The 
Indian  commissioners  who  had  resided  at  Fort  Dummer  since 
the  year  1734,  and  had  become  used  to  English  ways  and 
customs,  would,  it  was  supposed,  remain  during  the  war  where 
they  had  so  long  lived,  and  endeavor  by  their  influence  to 
afford  some  protection  to  their  friends  from  the  ravages  of 
the  enemy.  But  the  lust  of  gain,  and  the  desire  of  plunder, 
broke  down  the  nicer  barriers  which  had  sprung  from  friendly 
communication  and  social  intercourse  ;  and  not  only  was  Fort 
Dummer  deserted  by  the  Indians,  but  also  all  the  stations  in  the 
vicinity  where  they  had  dwelt,  their  numbers  going  to  augment 
the  forces  of  the  hostile  tribes  in  Canada.  At  the  same  time 
the  truck  establishment  at  Fort  Dummer  was  also  discontinued. 

The  traffic  which  during  the  sixteen  years  previous  had  been 
there  carried  on  with  the  Indians  by  the  government  of  Massa- 
chusetts, had  proved  of  no  pecuniary  profit  to  the  latter.  De- 
ducting the  charge  of  transportation,  and  a  remuneration  for  the 
waste  incidental  thereto,  the  Indians  were  supplied  with  goods 
at  nearly  first  cost,  while  for  their  furs,  deer  skins,  moose  skins, 
and  tallow,  they  were  allowed  the  Boston  market-prices.  The 
province  had  also  a  transport  sloop  in  pay  for  the  use  of  this 
fort,  and  of  Forts  Richmond  and  Georges  on  the  eastern 
frontiers,  which  forts  were  also  used  as  trading  houses  in  time 
of  peace.  Had  it  not  been  deemed  necessary  to  supply  the 
Indians  with  goods  in  order  to  protect  them  from  the  abuses  of 
private  traders,  and  to  turn  their  attention  as  much  as  possible 
from  unfriendly  and  warlike  designs,  the  government  would  not 
have  continued  a  trade  so  disadvantageous  and  one-sided,  so 
long  as  they  did. 

Since  its  erection  by  Massachusetts,  Fort  Dummer  had  been 
maintained  and  garrisoned  at  the  expense  of  that  province  ;  but 
by  the  late  determination  of  the  boundary  lines  between  Massa- 
chusetts and  New  Hampshire,  the  fort  was  sujjposed  by  many 
to  have  fallen  within  the  limits  of  the  latter  province.      Massa- 


1744:.]  MAINTENANCE   OF   FOKT   DUM3IEK.  29 

cliusetts,  however,  continued  to  support  and  maintain  it  until 
war  was  declared  in  1744,  when  Governor  Shirley  opened  a 
communication  with  the  home  government  on  the  subject.  In 
his  letters  to  the  Lord  President  of  the  King's  Council  and  to 
the  Duke  of  ITewcastle,  one  of  his  Majesty's  principal  Secre- 
taries of  State,  he  clearly  showed  that  the  great  expense  which 
the  province  was  likely  to  hicur  in  providing  for  its  own  defence 
in  many  other  places,  would  no  longer  justify  it  in  continuing 
the  estabHshment  of  Fort  Dummer.  At  the  same  time  he 
declared  it  to  be  of  the  last  importance  at  that  time,  that  this 
post  should  be  strongly  fortified,  not  only  for  the  defence  of  the 
settlers  in  the  immediate  neighborhood,  but  also  on  account  of 
the  position  of  the  fort,  it  being  situated  within  thi'ee  or  four 
days'  march  of  the  French  fort  at  Crown  Point,  which  latter 
place  was  a  constant  retreat  and  resort  for  the  French  and 
Indians  in  all  their  expeditions  against  the  English  settlements. 
He  further  stated  that  the  Massachusetts  government  did  not 
think  it  their  duty  to  provide  for  a  fort  no  longer  their  own, 
and  proposed  that  the  province  of  ISTew  Hampshire,  to  which 
it  properly  belonged,  should  make  provision  for  its  support. 

On  the  receipt  of  this  representation,  the  King  in  Council, 
on  the  6th  of  September,  ordered  that  the  fort  and  its  garrison 
should  be  maintained,  and  that  the  Governor  of  New  Hamp- 
shire should  move  the  Assembly  of  that  province  in  his  Ma- 
jesty's name,  to  make  a  proper  provision  for  that  service,  and 
at  the  same  time  inform  them,  that  in  case  they  should  refuse  to 
comply  with  a  proposal  so  necessary  and  reasonable,  his  Majesty 
would  restore  the  fort,  and  a  "  proper  district  contiguous  there- 
to," to  the  Massachusetts  Bay.  In  view  of  the  importance  of 
the  station,  and  of  the  sad  results  which  might  follow,  should  it 
fall  into  the  hands  of  the  enemy.  Governor  Shirley  was  ordered 
in  the  same  report  to  represent  to  the  Provincial  Assembly  of 
the  Massachusetts  Bay,  the  necessity  of  continuing  to  provide 
for  Fort  Dummer  until  a  final  answer  should  be  obtained  from 
New  Hampshire,  and  his  Majesty's  pleasm-e  in  relation  to  the 
subject,  further  signified. 

This  order,  together  with  a  message  from  Governor  Shirley, 
was  presented  to  the  House  of  Representatives  of  Massachu- 
Betts,  and  that  body,  with  the  concurrence  of  the  Council,  in 
consideration  of  the  great  danger  there  was  that  the  inhabitants 
from  Contoocook,*  in  New  Hampshire,  to  Connecticut  river, 

*  Bosca-wen 


30  HISTORY    OF   EASTERN    VERMONT.  [1745. 

would  be  driven  fi-om  their  settlements  should  the  fort  be  taken, 
mianimously  voted  that  "  the  captain-general  be  desired  to  cause 
the  same  number  of  officers  and  men  as  were  in  the  last  esta- 
blishment at  said  fort,  to  be  eulisted  and  there  posted ;  and 
that  the  same  allowance  as  before  be  made  for  their  wages  and 
subsistence,  for  a  term  not  exceeding  three  months,  provided 
that  this  vote  or  grant  shall  not  be  deemed  or  urged  as  a  pre- 
cedent for  this  government's  taking  into  their  pay  at  any  time 
hereafter  this  fort,  or  any  other  fort  which  may  serve  as  a  pro- 
tection to  any  inhabitants  or  estates,  the  jurisdiction  whereof  is 
claimed  by  any  other  government."  It  was  also  voted  that  the 
term  of  three  months  should  commence  with  the  20th  of  Janu- 
ary, 1745.  For  the  better  security  of  this  garrison,  the  strong- 
est, ^nd,  with  the  exception  of  the  stockade  then  building  on 
the  Great  Meadows,  the  most  northern,  two  swivel  guns  and 
two  four-pounders  were  added  to  its  munitions. 

In  accordance  with  his  instructions,  Governor  Shirley  inform- 
ed Governor  Wentworth,  of  New  Hampshire,  on  the  25th  of 
February,  of  the  nature  of  the  order  he  had  received  from  his 
Majesty,  and  of  the  action  of  the  Massachusetts  Assembly 
thereon.  He  further  requested  his  Excellency  to  make  provi- 
sion for  the  future  sustenance  of  the  garrison,  or  at  least  to  come 
to  a  speedy  resolution  on  the  subject,  in  order  that  an  answer 
might  be  returned  without  delay  to  the  King.  The  subject  was 
brought  before  the  New  Hampshire  Assembly  on  the  3d  of 
May,  but  a  majority  of  the  lower  house  declined  making  any 
grant  for  this  purpose,  and  adduced,  in  support  of  this  deter- 
mination, the  following  reasons  : — "That  the  fort  was  fifty  miles 
distant  from  any  towns  which  had  been  settled  by  the  govern- 
ment or  people  of  New  Hampshire ;  that  the  people  had  no 
right  to  the  lands  which,  by  the  dividing  line,  had  fallen  within 
New  Hampshire,  notwithstanding  the  plausible  arguments 
which  had  been  used  to  induce  them  to  bear  the  expense  of  the 
line,  viz.  that  the  land  would  be  given  to  them,  or  else  would 
be  sold  to  pay  that  expense ;  that  the  charge  of  maintaining 
that  fort,  at  so  great  a  distance,  and  to  which  there  was  no  com- 
munication by  roads,  would  exceed  what  had  been  the  whole 
expense  of  government  before  the  line  was  established ;  that  the 
great  load  of  debt  contracted  on  that  account,  and  the  yearly  sup- 
port of  government,  with  the  unavoidable  expenses  of  the  war, 
were  as  much  as  the  people  could  bear ;  that  if  they  should  take 
upon  them  to  maintain  this  fort,  there  was  another  much  better 


1Y45,]  DISPUTES   WITH   MASSACHTJSETT8.  3S 

and  more  convenient  fort  at  a  place  called  Kumber  Four,  be- 
sides several  other  settlements,  which  they  should,  also,  be 
obliged  to  defend ;  and,  linallj,  that  there  was  no  danger  that 
these  forts  would  want  support,  since  it  was  the  interest  of  Mas- 
sachusetts, by  whom  they  were  erected,  to  maintain  them  as  a 
cover  to  their  frontier."* 

Upon  this  declaration,  the  Governor  dissolved  the  Assembly 
and  called  another,  to  whom,  in  the  most  pressing  and  eloquent 
terms,  he  recommended  the  same  measure.  In  accordance  with 
his  wishes,  that  body  resolved,  on  the  15th  of  June,  that  his  Ex- 
cellency the  Captain  General  be  desu'ed  to  enlist  or  impress 
twenty  good,  effective  men,  to  be  by  him  employed  in  his  Ma- 
jesty's service  for  six  months,  as  a  garrison  for  Fort  Dum- 
mer.f  This  resolution  was  notified  to  Governor  ShMey  by 
Governor  Wentworth,  and  was  accompanied  with  a  request 
that  the  fort  might  be  delivered  to  Kew  Hampshire,  and  the 
Massachusetts  forces  be  drawn  within  the  bounds  of  that  pro- 
vince. In  answer.  Governor  Shirley  desired  Governor  Went- 
worth  to  take  possession,  and  sent  orders  to  Capt.  Willard  to 
deliver  the  fort  to  his  charge  on  demand.  Previous  to  this, 
however,  the  Assembly  of  New  Hampshire,  as  has  been  seen, 
had  refused  to  support  the  fort,  and  Massachusetts  had  there- 
upon agreed  to  maintain  it.  By  consequence,  when  Governor 
Shirley  acquainted  his  Majesty's  Council  of  Massachusetts  with 
his  action  on  the  last  resolve  of  the  Assembly  of  New  Hamp- 
shire, they  were  of  opinion  that  he  could  not,  according  to  the 
terms  of  his  Majesty's  order,  be  justified  in  dehvering  up  the 
fort  until  his  Majesty's  pleasure  should  be  known.  A  suspicion 
prevailed  that  the  Assembly  of  New  Hampshire  intended  to 
provide  for  the  fort,  only  until  they  could  obtain  full  possession 
of  it,  and  that  they  would  then  slight  it.  It  was  also  well  known 
that  the  allowance  proposed  by  New  Hampshire  for  the  suj^port 
of  the  soldiers,  was  not  half  as  large  as  that  given  by  Massachu- 
setts, which  many  deemed  too  small.  Under  these  considera- 
tions, Governor  Shirley  judged  it  best  to  coimtermand  his 
orders,  and  the  fort  was  again  supported  by  Massachusetts. 

*  Belknap's  Hist.  K  H.,  iL   236,  237. 

f  The  -wages  allowed  are  thus  stated :  "  One  Captain  to  have  25  shillings  per 
month;  one  Lieutenant  to  have  13s.  6d.  per  month;  one  Sergeant  to  have  13s.  6d. 
per  month  ;  one  Corporal  to  have  1 2s.  per  month ;  and  sixteen  Centinels  to  have, 
each,  lOs.  per  month ;  and  each  of  the  said  twenty  men  be  allowed  8s.  per  month 
for  providing  themselves  with  provisions." 


32  HISTORY   OF   EASTERN   TEKMONT.  [1744. 

In  this  condition  the  subject  remained  until  1T4Y,  when 
Governor  Shirley  again  wrote  to  Governor  Wentworth,  to  know 
whether  he  would  take  upon  himself  the  charge  of  supporting 
the  fort.  After  a  long  delay,  his  Excellency,  on  the  28th  of 
October,  1Y48,  signified  his  unwillingness  to  bear  the  expense, 
and  the  subject  was  then  brought  before  the  Board  of  Trade  in 
consequence  of  a  letter  from  Governor  Shirley  to  that  body. 
This  communication  contained  an  account  of  the  condition  of 
Fort  Dummer,  and  an  ofier  to  forward  to  the  Board  of  Trade  a 
schedule  of  the  charges  incurred  for  supporting  the  fort  since  the 
commencement  of  the  war.  The  committee  to  whom  the  mat- 
ter was  referred,  reported  on  the  3d  of  August,  1749,  that  it 
was  proper  for  New  Hampshire  to  reimburse  Massachusetts  for 
maintaining  the  fort,  and  advised  that  the  Governor  of  New 
Hampshire  should  be  directed  to  recommend  to  the  Assembly 
of  his  province,  a  permanent  provision  for  the  fort,  and  that  it 
should  be  allowed  to  remain  where  it  was,  since,  were  it  re- 
moved within  the  lines,  it  would  be  in  the  midst  of  garrison 
houses,  and  would  thus  defeat  the  object  of  its  erection,  which 
was  to  keep  the  enemy  at  a  distance. 

Although  this  report  was  favorable  to  Massachusetts,  yet 
when  Parliament  granted  to  ISTew  Hampshire  a  reimbursement 
for  the  Canada  expedition,  the  petition  of  the  government  of 
Massachusetts  praying  that  a  deduction  might  be  made  in  their 
favor  from  this  fund,  was  denied.  This  denial  was  owing  to  the 
vigilance  and  address  of  Capt.  John  Thomlinsou,  formerly  a  sea 
captain,  but  at  that  time  the  agent  at  London  for  New  Hampshire. 

As  soon  as  the  declaration  of  war  between  England  and 
France  was  proclaimed  at  Boston  in  June,  1744,  orders  were 
issued  by  Governor  Shirley  for  the  building  of  a  line  of  forts, 
more  effectually  to  protect  the  western  frontiers  of  Massachu- 
setts from  the  ravages  of  the  Indians.  Of  the  routes  which  had 
been  pursued  by  the  enemy  in  the  former  wai-s  in  approaching 
the  frontiers  from  Canada,  the  most  northern  was  by  the  river 
St.  Francis,  through  Lake  Memphramagog,  thence  by  portage 
to  the  Passumsic,  down  that  river  to  the  Connecticut,  and 
thence  to  the  settlements  bordering  the  banks  of  the  latter 
stream.  Sometimes  the  enemy,  having  sailed  down  Lake  Cham- 
plain  as  far  as  Whitehall,  would  proceed  up  Pawlet  river  to  its 
sources,  thence  across  the  mountains  to  West  river  and  down 
that  stream  to  the  Connecticut.  At  other  times  they  would 
approach  that  river  by  following  up  Otter  creek  to  its  sources. 


It-itlr.]  ESTABLISHMENT   OF    FORTS.  33 

ISTor  were  the  rivers  Lamoille,  Winooski,  and  White,  iinknown  to 
them  in  their  journeys  to  Connecticut  river.  But  the  most  com- 
mon road  from  Canada,  and  that  most  frequently  traversed,  was, 
by  the  way  of  Otter  creek  and  Black  river.  This  has  been  pre- 
viously described  under  the  name  of  the  Indian  road,  and  was 
so  called  at  the  time  of  the  earliest  English  settlements.* 

Fort  Dummer  was  a  serious  obstruction  to  the  Indian  enemy, 
who  having  approached  by  the  way  of  "West  river,  were  de- 
scending into  Massachusetts.  After  the  building  of  ISTumber 
Four,  that  station  occupied  the  same  position  for  those  who  had 
reached  Connecticut  river  by  the  way  of  the  more  northern 
streams.  The  forts  which  were  ordered  to  be  built  by  govern- 
ment, extended  from  Fort  Dummer  to  Hoosac,  now  Adams,  and 
Williamstown.  Tliey  were  situated  in  the  following  towns. 
Fort  Massachusetts  or  Hoosac  was  in  Adams,  Fort  Pelliam  in 
Eowe,  Fort  Shirley  in  Heath,  Coghran's  and  Kice's  forts  in 
Coh-ain,  and  Sheldon's  fort  in  Bernardston.  Li  the  latter  place, 
as  well  as  at  Colrain,  several  houses  were  stockaded,  and  at 
Kortlifield  and  Greenfield  the  old  defences  were  repaired.  Be- 
sides those  already  mentioned  on  Connecticut  river,  there  were 
forts  on  the  New  Hampshire  side  at  Upper  and  Lower  Ashuelot. 
Tlie  western  cordon  of  forts  was  placed  under  the  immediate 
command  of  Capt.,  afterwards  Col.  Ephraim  Williams,  who 
established  his  head-quarters  at  Fort  Massachusetts.  Col.  John 
Stoddard,  of  Northampton,  commander  of  the  militia  regiment 
in  the  county  of  Hampshire,  Massachusetts,  was  charged  with 
the  general  superintendence  of  the  defence  of  the  same  quarter. 
Major  Israel  Williams  of  Hatfield,  was  appointed  commissary  of 
the  department,  and  Col.  Josiah  Willard,  commander  of  Fort 
Dummer,  and  the  Kev.  Ebenezer  Hinsdell,  the  owner  of 
Hinsdell's  garrison,  were  his  under  commissaries.  Two  hundred 
men  were  raised  for  the  defence  of  this  portion  of  the  jDro- 
^ance,  and  ninety-six  barrels  of  gunpowder  were  sent  to  the 
towns  lying  within  an  allotted  space,  to  be  sold  to  the  inhabit- 
ants at  the  first  cost. 

Tlie  rations  allowed  to  the  garrison  forces  on  the  frontiers 
were,  for  each  man,  one  pound  of  bread  and  a  half  pint  of  peas 
or  beans  per  diem  ;  two  pounds  of  pork  for  three  days,  and  one 
gallon  of  molasses  for  forty-two  days.  Marching  forces  were 
allowed  a  pound  of  bread  for  each  man  ;  the  same  of  pork,  and 

*  See  ante,  p.  21. 

3 


34  HISTORY    OF   EASTEKN   VERMONT.  [1745. 

a  gill  of  rum  j)er  diem.  Parties  were  kept  continually  ranging 
from  fort  to  fort  on  the  line  between  Forts  Dummer  and  Massa- 
chusetts, and  thence  to  Pittsfield,  for  the  purpose  of  ferreting 
out  the  Lidians,  and  companies  of  large  dogs  were  trained  to 
scent  their  trails.  Scouts  from  the  militia  were  also  employed 
to  scour  the  wilderness  towards  the  head  of  Wood  and  Otter 
creeks.  To  induce  the  soldiers  to  engage  in  this  kind  of  war- 
fare, a  bounty  of  thirty  pounds  each  was  offered  on  Indian 
scalps.  The  officer  who  commanded  a  "  scalping  expedition," 
was  required  to  keep  a  fair  and  correct  journal  of  his  marches 
and  operations,  and  return  it  to  the  government  of  the  pro- 
vince.* 

During  the  year  1744,  no  depredations  were  committed  on  the 
western  frontiers,  and  this  exemption  from  disturbance  afforded 
ample  opportunity  for  constructing  forts  and  preparing  for  future 
emei-gencies,  which  opportunity,  as  has  been  shown,  w^as  in 
no  wise  neglected.  The  first  incursion  in  the  next  year  was 
made  on  the  5th  of  July,  by  a  party  of  the  Oorondax  Indians 
from  Canada.  William  Phips,  as  he  was  hoeing  corn,  near  the 
south-west  corner  of  the  Great  Meadow,  was  captured  by  two 
of  these  Indians,  and  carried  into  the  woods.  They  had  proceeded 
with  him  about  half  a  mile,  and  were  ascending  a  steep  hill, 
when  one  of  them  remembering  that  he  had  left  something,  went 
back  to  get  it,  leaving  the  prisoner  in  the  charge  of  his  comrade- 
Watching  his  opportunity,  Phips  struck  down  his  Indian  keej)er 
with  a  hoe  which  he  had  brought  with  him,  and  seizing  the  gun 
of  the  prostrate  savage,  shot  the  other  as  he  was  ascending  the 
hill.  Unfortunately,  meeting  with  three  others  of  the  same 
party,  as  he  was  returning  to  the  fort,  he  was  seized,  killed,  and 
scalped.  The  Indian  whom  he  had  stunned,  afterwards  died  of 
his  wound.  On  the  10th  of  the  same  month,  the  Lidians 
appeared  at  Upper  Ashuelot,  now  Keene,  and  kiUed  and  scalped 
Josiah  Fisher.  !News  of  these  events  having  reached  Massachu- 
setts, Governor  Sliirley,  on  the  17th,  ordered  "  two  companies  of 
snow-shoe  men  to  scout  between  Connecticut  and  Merrimack 
rivers  for  the  protection  of  the  inhabitants,  and  discovery  and 
annoyance  of  the  enemy." 

The  Assembly  of  New  York,  previous  to  these  occurrences, 
had  voted  an  allowance  of  four  hundred  pounds  for  presents  to 
the  Indians.     Various  letters  having  been  presented  to  them 

*  Hoyt's  Indian  Wars,  pp.  230-232. 


1745.]  ATfACK  AT  THE  GREAT  MEADOW.  35 

containing  accounts  of  the  circumstances  above  narrated,  and 
of  others  siniihir,  Col.  Schuyler,  one  of  the  members,  stated 
that  the  fears  and  jealousies  of  the  Six  Nations  of  Lidians  had 
been  aroused  and  were  sustained  by  the  designs  of  the  French, 
but  that  the  destruction  of  the  border  settlements  might  be 
prevented  by  the  use  of  a  single  argument,  the  strongest  which 
could  be  presented  to  the  Indians,  "  a  suitable  present."  The 
Assembly  accordingly  voted,  on  the  21st  of  August,  that  six 
hundred  pounds  should  be  added  to  what  had  already  been 
given  them.  Of  the  wisdom  of  this  com*se,  those  who  proposed 
and  supported  it  were  fhe  best  judges  ;  but  the  effect  on  the 
Lidians  seems  to  have  been  far  diffj^rent  from  what  was  ex- 
13ected.  If  their  fears  and  jealousies  had  been  excited  by  the 
French,  their  love  of  plunder  and  their  hope  of  gain  appeared 
to  receive  new  life  by  the  favors  of  the  English ;  and  thus  vir- 
tually receiving  rewards  of  both  nations,  they  renewed  their 
depredations,  which  only  differed  from  their  previous  acts  by 
the  greater  display  of  skill  and  cunning  which  characterized 
them.  Another  reason  of  the  little  effect  of  the  presents  of 
New  York  may  be  found  in  the  fact  that  on  the  23d  of  August, 
only  two  days  after  the  passage  of  the  above  vote,  Lieutenant- 
Governor  Spencer  Phips,  of  Massachusetts,  in  consideration  of 
the  breach  of  the  treaty  of  neutrality  between  that  province 
and  the  Six  Nations,  formally  declared  war  against  the  Eastern 
and  Canada  Lidians. 

To  conclude  the  events  of  the  year  by  a  bold  stroke,  a  body 
of  French  and  Indians,  the  latter  being  twelve  in  number, 
attacked  the  garrison  at  the  Great  Meadow,  on  the  12th  of  Oc- 
tober at  noon-day.  A  brisk  fight  was  carried  on  for  an  hour 
and  a  half,  and  one  Indian  was  killed  by  a  shot  from  the  ram- 
parts, but  the  fort  was  defended  with  so  much  coolness  and 
courage,  that  the  enemy  were  not  able  to  take  it,  or  even  essen- 
tially injure  it.  In  heu  of  victory  they  killed  or  drove  oft'  the 
greater  part  of  the  cattle  in  the  neighborhood,  a  method  of 
taking  revenge  by  no  means  uncommon.  Nehemiah  How 
who  was  cutting  wood  about  eighty  rods  from  the  fort  when 
the  enemy  appeared,  was  taken  by  them,  and  no  attempt  was 
made  to  rescue  him,  as  it  would  have  endangered  the  lives  of 
all  in  the  garrison.  As  they  were  leading  him  away,  by  the 
side  of  the  river,  they  perceived  a  canoe  approaching  with  two 
men.  Firing,  they  killed  one  of  them,  David  Kugg,  but  the 
other,  Hobert  Baker,  made  for  the  opposite  shore  and  escaped. 


36  HISTOKT    OF   EASTERN    VERMONT.  [1Y46. 

Both  of  these  men,  together  with  IIotv,  belonged  to  the  garrison 
at  the  Great  Meadow,  Proceeding  further  thej  passed  three 
other  men,  who,  by  skulking  under  the  bank,  reached  the  fort 
in  safety.  One  of  them  was  Caleb  How,  the  prisoner's  son. 
Arriving  opj^osite  to  jSTumber  Four  the  Indians  compelled  their 
captive  to  ^Tite  his  name  on  a  piece  of  bark,  and  there  left  it. 
After  travelling  seven  days  westward,  they  came  to  a  lake, 
where  they  found  five  canoes,  with  corn,  pork,  and  tobacco. 
Tliey  embarked  in  the  canoes,  and  having  stuck  the  scalp  of 
David  Itugg  on  a  pole,  proceeded  to  the  fort  at  Crown  Point, 
where  How  received  humane  treatment  from  the  French. 
Thence  he  was  taken  to  Quebec,  where  he  died.  "  He  was," 
said  Belknap,  "  a  useful  man,  greatly  lamented  by  his  friends 
and  fellow-captives."  Not  long  after  these  occurrences  the 
fort  at  the  Great  Meadow  being  evacuated,  was  destroyed  or 
went  to  decay.* 

On  the  28th  of  March,  1746,  the  enemy  made  their  appear- 
ance in  the  neighborhood  of  Fort  Shirley,  and  until  late  in  the 
autumn  were  scattered  in  small  parties  on  all  the  frontiers. 
Several  attempts  were  made  by  them  to  take  the  fort  at  Num- 
ber Four  and  some  of  the  other  garrisons  in  the  vicinity  by 
surjjrise,  but  in  none  were  they  successful.  On  the  Sith  of 
June,  a  party  of  twenty  Indians  killed  William  Robbins  and 
James  Baker,f  while  working  in  a  meadow  near  Bridgman's 
Fort,  wounded  Michael  Gilson  and  Patrick  Pay,  and  took  John 
Beeman;}:  and  Daniel  How  prisoners,  but  not  until  the  latter 
had  killed  one  of  his  captors.  So  unsafe  was  travelling  of 
every  kind,  that  the  settlers  were  obliged  to  go  to  the  miUs 
with  a  guard,  whenever  they  wanted  meal.  On  one  occasion 
a  party  of  twenty  men  who  went  from  the  west  side  of  Con- 
necticut river  to  Hinsdell's  mill  in  New  Hampshire,  with  Col. 
Willard  at  their  head,  in' searching  round  the  mill  discovered  a 
party  of  Indians  in  ambush.  A  skirmish  ensued,  but  the 
enemy  were  received  with  so  much  resolution,  that  they  made 
a  i)recipitate  retreat,  leaving  their  packs  in  the  hands  of 
Willard  and  his  party. 

Tlic  defence  of  the  western  frontier  of  New  Hampshire  being 
not  only  hazardous  but  ineffectual,  the  government  of  that 
province,  instead  of  increasing   the  number  of  their  forces, 

*  Belknap's  ITist.  N.  II..  ii.  241. 

f  rnrker,  in  Iloyt's  Iiulisui  Wans,  p.  236. 

X  Beamoiit,  in  Iloyt's  Indian  Wars,  p.  236. 


1740-1747.]  MEASURES    FOR    DEFENCE.  37 

refused  to  furnisli  their  regular  quotca.  At  the  same  time  some 
persons  in  the  north-western  part  of  Massachusetts,  deeming  it 
inexpedient  to  be  at  the  charge  of  defending  a  territory  which 
was  without  their  jurisdiction,  petitioned  the  Assembly  to  with- 
draw their  troops  from  that  quarter.  Governor  Shirley  endea- 
vored to  prevail  on  the  Assembly  to  keep  garrisons  in  all  these 
forts  during  the  winter,  but  his  efforts  were  without  success. 
Tlie  inhabitants,  being  without  protection,  were  obliged  to  quit 
their  abodes.  Many  of  them  deposited  in  the  earth  such  of  their 
effects  as  they  were  unable  to  carry,  took  with  them  such  as 
were  portable,  and  moved  down  the  river,  lea^dng  their  build- 
ings a  prey  to  the  enemy,  who  destroyed  them,  or  carried  away 
from  them  what  they  pleased.  Some  of  the  block-houses  on 
the  river,  which  were  thus  left  exposed,  were  burned,  and  for 
several  months  Fort  Dummer  was  the  most  northern  post  on 
that  frontier  provided  with  a  garrison.* 

More  effectual  measures  for  the  defence  of  the  country  were 
taken  at  the  beginning  of  the  year  1747,  than  had  been  adopted 
for  some  time  previous.  On  the  17th  of  March,  Governor 
Shirley  presented  to  the  General  Court  a  message  relative  to  the 
state  of  Fort  Dummer,  and  the  importance  of  its  position,  and 
advised  that  it  should  be  garrisoned  with  a  larger  force  than 
was  ordinarily  stationed  there.  Tliat  body  having  voted  in 
accordance  with  this  recommendation,  Brigadier-Gen.  Joseph 
Dwight,  by  order  of  the  governor,  requested  Lieut.  Dudley 
Bradstreet  to  take  the  command  of  forty  men,  and  with  them 
garrison  Fort  Dummer,  in  place  of  the  guard  then  stationed 
there.  The  request  was  obeyed,  and  the  fort  with  its  stores 
was,  on  the  15th  of  April,  delivered  by  Col.  Josiah  Willard 
into  the  hands  of  Ins  successor.  Bradstreet  retained  the  charge 
of  the  fort  for  five  months,  at  the  end  of  which  time  it  was 
again  placed  in  the  care  of  its  former  commander. f 

*  In  a  letter  from  Col.  Josiah  Willard,  of  Fort  Dummer,  written  probably  in 
the  year  1746,  is  a  recommendation  that  a  General  Commander  of  the  forces 
stationed  north  of  Massachusetts  be  np2:)ointed.  "lam  willing,"  said  he,  "to 
take  the  office  under  the  Hon.  Col  Stoddard,  and  run  the  risque  of  obtaining  pay 
from  the  government  for  my  trouble."  It  does  not  appear  that  his  advice  was 
taken. — MSS.  in  office  Sec.  State  Mass.  liii.  193. 

f  Whether  Bradstreet  was  incompetent  to  command  the  fort  does  not  appear- 
Gen.  Dvright,  when  informing  him  of  his  appointment,  wrote,  "  You  must  take  th^ 
most  effectual  care  to  avoid  any  surprise  from  the  enemy,  for  should  that  fort  or 
any  of  your  men  be  lost  by  any  misconduct  in  you,  it  will  be  vastly  dishonour- 
able."    lie  was  the  son  of  the  Rev.  Dudley  Bradstreet,  who  was  "  minister  of  the 


38  HISTORY   OF   EASTEEN   VERMONT.  [1T47. 

In  the  latter  part  of  March  of  the  same  year.  Governor  Shirley 
ordered  Capt.  Phineas  Stevens  with  thirty  men,  being  a  por- 
tion of  the  levies  which  had  been  raised  for  an  expedition 
against  Canada,  to  take  possession  of  Number  Four,  which  had 
been  without  protection  for  more  than  two  months,  fears  being 
entertained  that  it  would  either  be  bm-ned  or  taken  by  the 
enemy.  This  movement  was  most  fortunate.  Hardly  was  the 
fort  garrisoned,  when  on  the  4th  of  April  it  was  attacked  by  a 
very  large  party  of  French  and  Indians,  under  the  command  of 
Monsieur  Debeline.  Tlie  siege  continued  during  three  days, 
and  in  that  time  thousands  of  balls  were  poured  upon  the  fort, 
yet  not  one  belonging  to  the  garrison  was  killed,  and  two  only 
were  wounded.  Debeline  giving  up  all  hopes  of  carrying  the 
fortification,  reluctantly  withdrew.  His  forces,  however,  con- 
tinued to  hover  about  the  frontiers  in  small  parties,  annoying 
all  whom  they  chanced  to  fall  in  with.  In  admiration  of  the 
skill  displayed  by  Stevens  in  this  defence,  Sir  Charles  Ivnowles, 
who  happened  at  that  time  to  be  in  Boston,  sent  him  an  elegant 
sword,  and  ISTumber  Four,  when  incorporated  as  a  town  in  1753, 
was  called  in  honor  of  the  commodore,  Charlestown.  During 
the  remainder  of  the  war,  the  garrison  at  JS^umber  Four  was 
supported  at  the  expense  of  Massachusetts.* 

An  alarm  having  been  given  in  the  month  of  July,  that  the 
enemy  had  taken  and  were  fortifying  a  position  upon  or  near 
Black  river.  Col.  William  WilHams,  in  pursuance  of  Gov- 
ernor Shirley's  order,  sent  out  a  scouting  party  under  the 
charge  of  Matthew  Clesson,  pilot,  which  went  as  far  as  Otter 
creek,  but  discovering  no  very  significant  signs  of  Indians, 
returned  after  an  absence  of  twenty-one  days.  On  the  24th  of 
August  following,  as  twelve  men  were  passing  down  Connecti- 
cut river  from  Number  Four,  they  were  surprised  and  attacked 
l)y  the  Lidians.  Nathan  Gould  and  Thomas  Goodall  \vere 
killed  and  scalped,  Oliver  Avery  was  wounded,  and  John 
Henderson  captured.     The  rest  escaped.     A  few  days  before 

Church  of  Christ"  in  Groton,  Massachusetts,  from  1'706-1712,  and  ■was  born  in 
that  town,  March  12,  1 7 0|.— Butler's  Hist.  Groton,  pp.  170,  390,  391. 

The  stores  which  \rere  left  in  the  fort  by  Col.  Willard,  comprised  the  following 
articles : — "  2  Carriage  guns  and  fiu-niture ;  5  Patteraroes,  one,  exclusive  of  y* 
five  being  burst,  all  which  belonged  to  the  Province  stores  of  y«  Truck  Trade ; 
12  Small  fire  arms;  ^  barrel  cannon  powder;  20  lbs.  of  other  powder;  140  lbs. 
of  lead  ;  A  quantity  of  Flints;  One  large  iron  pot." 

*  For  a  more  detailed  account  of  the  "  Siege  of  Number  Four,"  see  Belknap's 
Hist.  N.  II.,  ii.  248-251,  and  lloyt's  Indian  Wars,  pp.  242-245. 


1747-17-lS.]        MEASURES  FOR  DEFENCE,  39 

this  occurrence,  Jonathan  Sailwell  was  captured  at  Hinsdale. 
Several  others  in  the  vicinity  were  killed  by  the  Indians,  who, 
lurking  in  small  parties,  when  least  expected  would  fall  upon 
their  victims,  and  usually  with  mournful  success.  In  the  fall 
of  the  year,  they  burned  Bridgman's  fort,  killed  several  persons, 
and  took  othei-s  prisoners.  In  consequence  of  this  last  act. 
Col.  John  Stoddard,  on  the  22d  of  October,  sent  Capt. 
Setli  Dwight  with  a  force  of  thirty-six  men  in  quest  of  the 
enemy ;  but  the  search  was  unsuccessful,  it  being  usual  with  the 
Indians  to  depart  carefully,  and  with  the  greatest  secresy  and 
speed,  when  they  had  accomplished  their  object.  In  place  of 
this  fort,  which  was  in  more  proper  terms  a  fortified  house,  a 
similar  building  was  soon  after  constructed. 

Later  in  the  autumn  several  persons  at  Number  Four  were 
taken  captive,  but  it  was  impossible  to  pursue  the  captors,  as  the 
garrison  Avas  not  provided  with  snow-shoes,  though  many  hun- 
dreds had  been  paid  for  by  government.  For  the  protection  of 
the  frontiers  during  the  winter,  a  garrison  of  twenty  men  was 
continued  at  Fort  Dummer,  and  another  at  Js^umber  Four.  The 
block-houses  were  also  better  defended  than  they  had  been 
previously  at  this  season  of  the  year,  and  for  these  reasons  those 
who  remained  were  in  greater  security,  and  enjoyed  a  longer 
respite  from  the  ravages  of  their  foes,  than  they  had  done  since 
the  war  was  declared. 

In  the  month  of  February,  1748,  the  Massachusetts  General 
Court  directed  the  number  of  men  at  Forts  Massachusetts  and 
Number  Four  to  be  increased  to  one  hundred  at  each  place. 
Of  these,  a  suitable  force  was  to  be  constantly  employed  "  to 
intercept  the  French  and  Indian  enemy  in  their  marches  from 
Wood  creek  and  Otter  creek"  to  the  frontiers ;  and  was  to  be 
continued  in  the  service  until  the  first  day  of  October  following. 
Tlie  commanding  oflicers  were  ordered  to  keep  "  fair  journals" 
of  their  marches,  and  in  order  to  excite  the  soldiers  to  vigilance 
and  activity,  the  sum  of  one  hundred  pounds  was  ordered  to  be 
divided  in  equal  parts  among  the  oQicers  and  soldiers  of  any 
scouting  party  that  might  capture  an  Indian,  or  produce  the 
scalp  of  one  they  had  killed.  Capt.  Stevens  was  again  appointed 
commander  of  Number  Four,  and  Capt.  Ilobbs  was  ordered  to 
the  same  post  as  second  in  ofiice.* 

*  The  number  of  officers  allowed  at  this  period  to  a  company  of  fifty  men,  and 
the  wagee  they  received  per  month,  were  as  follows :    one  captain,  £4 ;    one  lieu- 


40  HISTOKY    OF   EASTEKN   VERMONT.  [1748. 

A  report  which  was  presented  to  the  General  Court  in 
February  by  Col.  Willard  of  Fort  Dummer,  showed  that  he  had 
again  made  such  repairs  as  were  necessary  to  the  comfort  of  his 
quarters,  and  had  added  two  more  swivels  to  its  munitions. 
During  this  year  the  post  of  Chaplain  at  the  fort  was  held  by 
the  Eev.  Andrew  Gardner.  *  In  order  to  afford  the  greatest 
protection  possible,  larger  garrisons  were  stationed  at  Forts 
Shirley  and  Pelham,  at  Upper  and  Lower  Ashuelot  and  Colrain, 
and  at  all  the  stations  or  out-garrisons  where  it  was  deemed  neces- 
sary. The  complement  of  men  for  Fort  Dummer  was  fixed  at 
twenty,  but  by  the  solicitations  of  Col.  Willard  was  increased 
to  thirty.  The  first  attack  by  the  Indians  this  year  was  made 
at  Number  Four,  on  the  loth  of  March.  Twenty  of  them  sur- 
prised eight  of  the  garrison  at  a  short  distance  from  the  fort.. 
"  Stevens  sallied  and  engaged  the  enemy,  and  a  sharp  skirmish 
ensued."  Charles  Stevens  was  killed,  Eleazer  Priest  captured, 
and  Nathaniel  Andross  wounded.  A  post  was  immediately 
sent  to  carry  the  news  to  Fort  Dummer,  and  warn  the  garrison 
of  the  danger  to  which  they  were  exposed.  Nothing  was  seen 
of  the  enemy  during  the  next  two  weeks,  but  on  the  29th  of 
March  a  party  of  them  attacked  several  of  the  men  belonging 
to  Fort  Dummer,  as  they  were  working  in  an  adjoining  field. 
Lieut.  John  Serjeants,  Corporal  Joshua  Wells,  and  Private 
Moses  Cooper  were  slain,  and  Daniel  Serjeants,  son  of  the  Lieut., 
was  captured  and  taken  to  Canada.  A  company,  under 
the  command  of  Lieut.  Ebenezer  Alexander,  were  soon  after 
dispatched  to  the  place  of  action,  who  buried  the  dead  they 
there  found,  but  could  discover  no  further  traces  of  the  enemy. 

Much  advantage  having  resulted  on  former  occasions  from 
watching  the  motions  of  the  enemy,  an  expedition  for  this  pm-- 
2)0se  was  projected  during  the  sj)ring  by  some  of  the  ranging 
officers,  and  was  soon  after  accomplished.  Preparations  having 
been  consummated,  a  scout  of  nineteen  men,  under  the  com- 
mand of  Capt.  Eleazer  Melvin,  marched  on  the  13tli  of  May 
from  Fort  Dummer.  Proceeding  up  Connecticut  river  as  far  as 
Number  Four,  they  were  there  joined  by  Capts.  Stevens  and 
Hobbs,  with  a  force  of  sixty  men,  and  the  whole  party,  on  S un- 
tenant, £3  Os.  9d.;  one  clerk,  £2  12.^.  9c?.;  three  sergeants,  £2  12s.  9c?.;  tliree 
corporals,  £2  12s.  3(/. 

*  A  very  interesting  account  of  all  tliat  is  known  concerning  this  quaint  and 
eccentric  clergyman,  may  be  found  in  that  valuable  ecclesiastical  monogi-aphj 
entitled  The  Worcester  Pulpit,  by  the  llev.  Elum  Smalley,  DD.,  pp.  31-42. 


1748.]  ATTACK   ON   CAPT.    MELVIn's   PASTY.  41 

day  the  15th,  at  sunset,  set  out  from  Number  Four  ou  their 
hazardous  enterprise.  They  followed  the  "  Indian  road"  along 
the  banks  of  Black  river,  but  sometimes  would  lose  it  in  fording 
streams  and  in  traversing  the  forests  where  the  ground  was 
covered  with  a  thick  growth  of  underbrush.  On  reaching  the 
main  branch  of  Otter  creek,  Capt.  Melvin  and  his  men,  accord- 
ing to  previous  agreement,  left  the  party,  crossed  the  stream, 
and  set  out  for  Crown  Point.  Capt.  Stevens  and  his  men  pur- 
sued their  way  down  the  east  side  of  Otter  creek. 

Capt.  Melvin's  party  having  met  during  the  two  following  days 
with  many  indubitable  signs  of  the  enemy,  came  on  the  23d  to 
a  large  camp  inclosed  by  a  thick  fence,  Avhere  they  found  about 
twelve  pounds  of  good  French  bread,  and  a  keg,  which  from 
ap23earances  had  lately  contained  wine.  Having  arrived  oppo- 
site to  Cl'own  Point  on  the  25th,  they  perceived  two  canoes 
with  Indians  on  the  lake,  and  imprudently  fired  upon  them.  The 
garrison  at  Crown  Point,  taking  the  alarm,. fired  several  guns, 
and  sent  out  a  party  to  intercept  them.  Melvin  and  his  party 
immediately  started  on  their  return,  marching  for  three  or  four 
miles  through  a  deep  morass.  On  the  20th,  they  saw  the  tracks 
of  a  hundred  and  fifty  or  two  hundred  of  the  enemy,  who  had 
evidently  left  that  morning,  having  taken  the  course  by  which 
Melvin's  party  had  reached  Lake  Champlain.  Upon  this  they 
took  a  south  direction,  marched  up  the  south  branch  of  Otter 
creek,  and  on  the  30tli  came  upon  a  branch  of  West  river.  Pro- 
\dsions  being  very  short,  they  began  their  march  before  sunrise 
on  the  31st,  and  travelled  until  about  half  after  nine  o'clock  in  the 
morning.  On  the  banks  of  "West  river,  several  of  the  com- 
pany being  faint  and  weary,  desired  to  stop  and  refresh  them- 
selves. Having  halted,  they  took  oif  their  packs  and  began 
shooting  the  salmon,  then  passing  up  the  shoals  of  the  river. 
While  thus  engaged,  the  Indians,  who,  unknown  to  Melvin,  were 
then  in  pursuit  of  him  and  his  party,  directed  probably  by  the 
report  of  the  guns,  pressed  forward,  and  suddenly  opened  a  fire 
upon  the  incautious  scout  from  behind  the  logs  and  trees,  about 
thirty  feet  distant.  Melvin  endeavored  to  rally  his  men,  who 
had  been  thrown  into  the  greatest  confusion  by  this  unexpected 
attack,  but  was  unsuccessful,  for  after  firing  one  volley,  they 
retreated,  some  running  up,  some  down  the  river,  others  cross- 
ing to  the  opposite  side,  and  two  or  three  escaping  to  a  neigh- 
boring thicket.  Deserted  by  his  men,  Capt.  Melvin  was  left 
alone  to  defend  himself.     Several  of  the  Indians  attempted  to 


42  HISTORY    OF   EASTERN    VERMONT.  [1748. 

strike  liim  with  their  hatchets,  others  threw  them  at  him,  and 
one  of  them,  or  a  shot,  carried  away  his  belt,  and  with  it  his  bul- 
lets. He  then  ran  down  the  river,  and  was  followed  by  two 
Lidians,  who  as  they  approached,  called  to  him,  "  Come  Cap- 
tain," "  Now  Captain."  On  pointing  his  musket  at  them,  they 
fell  back  a  Kttle,  upon  which  he  ascended  the  bank  of  the  river, 
when  they  again  fired  at  him.  Gaining  a  side  hill,  commanding 
a  view  of  the  place  where  the  skirmish  had  taken  place,  he  there 
eat  down  to  watch  for  his  men,  and  wait  for  the  shout  of  the 
Indians,  usually  given  when  they  have  obtained  a  victory ;  but 
not  seeing  the  former,  nor  hearing  the  latter,  he  started  for  Fort 
Dummer,  where  he  arrived  on  the  1st  of  June,  about  noon  time. 
One  of  his  men  had  come  in  a  little  before  him,  and  eleven  more 
arrived,  though  in  several  companies,  in  the  course  of  a  few 
hours. 

In  this  fight,  five  of  Melvin's  party,  viz.  Sergt.  John  Hey- 
wood,  Sergt.  Isaac  Taylor,  Privates  John  Dodd,  Daniel  Mann 
and  Samuel  Severance  were  killed  outright.  Joseph  Petty  was 
wounded,  and  his  comrades  being  unable  to  take  him  with  them 
in  their  flight,  left  him  in  a  hut  made  with  boughs,  situated  near 
a  spring.  Before  departing,  they  placed  beside  him  a  pint  cup 
fiUed  with  water,  and  told  him  "  to  live  if  he  could"  until  they 
should  return  with  assistance.  On  the  2d,  Capt.  Melvin,  with 
forty-six  men,  left  Fort  Dummer  for  the  place  where  the  fight 
had  occurred.  Great  search  was  made  for  Petty,  but  he  was 
nowhere  to  be  found.  After  having  buried  the  dead  above 
named,  with  the  exception  of  Samuel  Severance,  whose  body 
was  not  discovered  until  some  time  after,  the  party  returned  to 
Fort  Dummer,  having  been  absent  about  three  days.  On  the 
6th,  Lieuts.  Alexander  and  Hunt,  with  a  large  force,  went  again 
to  search  for  Petty.  In  one  report  it  is  stated  that  he  was  found 
dead ;  in  another,  that  his  body  was  never  discovered.  From 
the  secresy  used  in  concealing  the  bodies  of  their  companions, 
it  was  impossible  to  determine  the  loss  of  the  enemy.  The  fight 
is  supposed  by  some  to  have  taken  place  within  the  limits  of  the 
present  township  of  New  Fane,  but  it  is  more  probable  that  the 
scene  of  the  conflict  was  within  the  bounds  of  either  Jamaica 
or  Londonderry,  the  latter  being  the  most  likely,  as  the  situa- 
tion corresponds  best  with  that  given  by  Capt.  Stevens,  viz. 
"  thirty -three  miles  from  Dummer,  up  West  river."* 

♦  K  11.  Hist  Poc.  Coll,  v.  208-211. 


IT-iS.]  AN  a:mbuscade.  43 

Capt.  Stevens's  party,  who  separated  from  Capt.  Melvin's,  as 
has  been  previously  mentioned,  passed  down  Otter  creek  a 
short  distance,  and  then  struck  eastward  in  the  hope  of  reach- 
ing White  river.  After  travelling  five  days  along  one  stream, 
which  they  crossed  in  one  day  thirty-five  times,  they  reached 
its  mouth  and  found  it  to  be  the  "  Quarterqueeche."  Proceed- 
ing down  the  Connecticut  on  rafts  and  in  canoes,  they  reached 
Number  Four  on  the  30th  of  May  after  an  absence  of  two 
weeks.  Having  remained  there  a  few  days  Capt.  Stevens,  with 
a  force  of  sixty  men,  started  on  the  2d  of  June  for  Fort  Dum- 
mer.  Setting  out  about  sunset  they  arrived  there  the  next 
morning  about  three  o'clock.  A  number  of  the  inhabitants  of 
Northampton,  Hadley,  Hatfield,  Deerfield,  Northfield,  and  Fall 
Town,  had  already  assembled  to  render  such  assistance  as  they 
could  to  Capt.  Melvin,  but  on  the  a]3pearance  of  Capt.  Stevens 
with  his  men  they  returned  to  their  homes.  Stevens  remained 
at  Fort  Dummer  nearly  two  weeks,  at  the  end  of  which  time  he 
returned  in  safety  to  Number  Four  with  his  men  and  a  stock  of 
provisions. 

On  the  16th,  the  day  after  his  return,  a  party  of  fourteen 
men,  while  on  their  way  from  Hinsdale  in  New  Hampshire  to 
Fort  Dummer,  fell  into  an  ambuscade  of  Indians,  and  Jona- 
than French,  Joseph  Kichardson,  and  John  Frost  were  killed. 
Henry  Stevens,  Benjamin  Osgood,  William  Blanchard,  Joel 
Johnson,  Matthew  Wyman,  Moses  Perkins,  and  William  Bick- 
ford  were  made  prisoners,  of  whom  the  latter  died  of  a  wound 
received  in  the  encounter.  Of  the  remaining  four,  one  was 
wounded  in  the  thigh  and  three  escaped  unhurt.  On  the  fol- 
lowing day  Capt.  Ebenezer  Alexander,  who,  with  a  party  of 
sixteen,  had  been  sent  from  Northfield  to  bring  in  the  dead  and 
wounded,  discovered  signs  which  led  him  to  conclude  that  a 
great  number  of  the  enemy  were  scattered  in  small  parties 
throughout  that  region  of  country. 

Tlie  prisoners,  six  in  number,  were  taken  to  Canada,  whence 
they  all  returned  in  the  course  of  time.  The  stories  of  five  of 
them,  which  have  been  preserved,  may  not  be  wholly  uninter- 
esting. Henry  Stevens  Jr.,  of  Chelmsford,  at  the  time  he  was 
taken  captive,  was  under  the  command  of  Col.  Josiah  Willard 
at  Fort  Dummer.  After  being  plundered  by  the  Indians  of 
everything  he  had  of  value,  he  was  carried  to  Quebec,  where 
he  arrived  on  the  1st  of  July  after  a  journey  of  two  weeks. 
Tliere  he  lay  in  prison  until  the  2Tth  of  August,  when  he  was 


44  HISTOET    OF   EASTERN    VERMONT.  [1(48. 

put  on  board  a  French  man-of-war  about  to  sail  as  a  flag  of 
truce  to  Cape  Breton.  On  the  passage  from  Quebec  to  Cape 
Breton,  Avhere  he  arrived  about  the  middle  of  September, 
he  was  very  sick  of  a  fever,  and,  continuing  so  on  landing,  he 
was  placed  in  the  hospital,  where  he  remained  until  the  14th  of 
October,  when  he  took  passage  for  New  England,  and  reached 
his  home  on  the  12th  of  November,  after  an  absence  of  five 
months,  having  endured  in  that  time  many  and  severe  hard- 
ships. 

Benjamin  Osgood  of  Billerica,  and  WiUiam  Blan chard  of 
Dunstable,  both  belonging  to  the  garrison  at  Ashuelot,  under 
the  command  of  Capt.  Josiah  Willard  Jr.,  were  taken  as  cap- 
tives to  Canada,  and  after  remaining  there  several  months  were 
permitted  to  return  under  a  flag  of  truce.  They  reached  their 
homes  on  the  15th  of  October,  but  the  former  died  soon  after, 
from  causes  superinduced  by  the  trials  he  had  undergone.  Joel 
Johnson,  of  "VYoburn,  who  in  the  month  of  March  previous  had 
been  impressed  as  a  soldier,  also  belonged  to  the  garrison  at 
Ashuelot.  When  captured  he  was  stripped  of  most  of  his  ap- 
parel, deprived  of  his  gun,  and  when  he  arrived  in  Canada 
"  suflered  great  abuse  by  the  Lidians  there  in  running  the 
gauntlet.*  He  was  released  in  September,  and  reached  his 
home  in  the  beginning  of  the  following  month,  feeble,  ema- 
ciated, and  unfit  for  active  labor.     Matthew  Wyman,  of  the 

*  An  incident  in  the  life  of  General  Stark  furnisliea  an  explanation  of  the  term 
used  in  the  text.  It  will  be  necessary  to  premise  that  John  Stark  and  Amos 
Eastman  had,  on  the  28th  of  April,  1752,  been  taken  prisoners  by  a  party  of  St. 
Francis  Indians,  while  hunting  along  the  banks  of  Baker's  river  in  Rumney,  New 
Ilampshire.  The  narrative  then  proceeds :  "  On  the  9tli  of  June,  the  party 
returned  to  St.  Francis,  where  Stark  rejoined  his  companion  Eastman.  They 
were  compelled  to  undergo  what  is  called  the  ceremony  of  running  the  gauntlet ; 
a  use  of  that  term  which  modern  effeminacy  would  hardly  admit.  It  was  the 
universal  practice  of  the  North  American  Indians  to  compel  their  captives  to  pass 
thi'ough  the  young  warriors  of  the  tribe,  ranged  in  two  lines,  each  furnished  with 
a  rod,  and  wlien  highly  exasperated  with  deadly  weapons — and  to  strike  the 
prisoners  as  they  passed.  In  the  latter  case,  the  captive  was  frequently  killed 
before  he  could  reach  the  council  house,  at  which  the  two  lines  of  Indians  ter- 
minated. On  the  present  occasion,  Eastman  was  severely  whipped  as  lie  passed 
through  the  lines ;  Stark,  more  athletic  and  adroit,  and  better  comprehending 
the  Indian  character,  snatched  a  club  from  the  nearest  Indian,  laid  about  him  to 
the  right  and  left,  scattering  the  Indians  before  him,  and  escaped  with  scarcely  a 
blow  ;  greatly  to  the  delight  of  the  old  men  of  the  tribe,  who  sat  at  some  distance 
witnessing  the  scene,  and  enjoying  the  confusion  of  their  young  warriors." — Ea'C- 
rett's  Life  of  Stark,  in  Sparks's  Library  of  American  Biography,  i.  9,  10;  Memoir 
of  General  Stark,  by  his  Son,  pp.  174,  175. 


17-iS.]  FIGHT  BETWEEN   HOBBS   AND   SACKETT.  45 

same  garrison,  after  being  relieved  of  his  gun  and  liat,  was 
treated  in  tlie  same  manner  as  his  companions  in  affliction. 
Being  exchanged  he  sailed  for  Boston,  which  port  he  reached 
in  October,  in  company  with  Capt.  Britt  of  IS'ewbmy,  and 
more  than  forty  other  prisoners  of  war. 

Wliile  the  condition  of  the  frontiers  was  very  unsafe,  owing 
to  the  virulence  of  Indian  enmity,  and  at  a  time  when  wise 
counsel  and  discretionate  zeal  were  most  needed,  Col.  John 
Stoddard,  of  Northampton,  who  had  been  intrusted  with  the 
general  superintendence  of  the  defence  of  this  portion  of  the 
country,  and  who  for  many  years,  by  the  faithful  discharge  of 
his  various  duties  in  public  life,  had  well  merited  the  praises 
he  received,  died  while  attending  the  General  Court  at 
Boston. 

Col.  Israel  Williams  of  Hatfield,  who  had  acted  as  Commis- 
sary mider  him,  was  chosen  his  successor ;  and  Major  Elijah 
Williams  of  Deei"field,  was  appointed  Commissary  under  John 
Wheelwright,  the  Commissary-General.* 

Soon  after  Col.  Williams  had  entered  uj^on  the  duties  of  his 
arduous  office,  Capt.  Humphrey  Hobbs,  with  forty  men,  was 
ordered  fi-om  Number  Four  to  Fort  Shirley,  in  Heath,  one  of 
the  forts  of  the  Massachusetts  cordon.  Tlieir  route  lay  through 
the  woods,  and  the  march  was  made  for  two  days  without  any 
interruptions  save  those  occasioned  by  natural  obstructions.  On 
Sunday,  the  26th  of  June,  having  travelled  six  miles,  they 
halted  at  a  place  about  twelve  miles  north-west  of  Fort 
Dummer,  in  the  precincts  of  what  is  now  the  town  of  Marl- 
borough. A  large  body  of  Indians  who  had  discovered  Hobbs's 
trail  had  made  a  rapid  march,  in  order  to  cut  him  off.  Tliey 
were  commanded  by  a  resolute  chief  named  Sackett,  said  to 
have  been  a  half-blood,  a  descendant  of  a  captive  taken  at 
Westfield,  Massachusetts.  Although  Hobbs  was  not  aware  of 
the  pursuit  of  the  enemy,  he  had  circumsi3ectly  posted  a  guard 
on  his  trail,  and  his  men  having  spread  themselves  over  a  low 
piece  of  ground,  covered  with  alders  intermixed  with  large 
trees,  and  watered  by  a  rivulet,  had  prepared  their  dinner,  and 
were  regaling  themselves  at  their  packs.  While  in  this  situa- 
tion, the  rear  guards  were  driven  in  from  their  jjosts,  which  was 
the  first  intimation  given  of  the  nearness  of  the  enemy.  With- 
out knowing  the   strength   of  his   adversaries,  Capt.   Hobbs 

*  Hoyt's  Indian  Wars,  p.  249. 


46  mSTOKT    OF   EASTERN   VEEMONT.  [1Y48. 

instantly  formed  his  men  for  action,  eacli  one,  by  his  advice, 
selecting  a  tree  as  a  cover. 

Trusting  in  the  superiority  of  their  numbers  and  confident  of 
success,  the  enemy  rushed  forward  with  shouts,  but  Hobbs's 
well  directed  fire,  by  which  several  were  killed,  checked  their 
impetuosity  and  caused  them  to  retreat  for  shelter  behind  the 
trees  and  brush.  The  action  now  became  warm,  and  a  severe 
conflict  followed  between  sharpshooters.  The  two  commanders 
had  been  known  to  each  other  in  time  of  peace,  and  both  bore 
the  character  of  intrepidity.  Sackett,  who  could  speak  English, 
frequently  called  upon  Hobbs  in  the  tones  of  a  Stentor,  to  sur- 
render, and  threatened,  in  case  of  refusal,  to  destroy  his  men 
with  the  tomahawk.  Hobbs,  with  a  voice  equally  sonorous, 
returned  the  defiance  as  often  as  given,  and  urged  his  antago- 
nist to  put  his  threat  into  execution.  Tlie  action  continued  for 
four  hours,  Hobbs's  party  displaying  throughout  the  most  con- 
summate skill  and  prudence,  and  neither  side  withdrawing  an 
inch  from  its  original  situation.  The  Indians  not  unfrequently 
ap23roached  the  line  of  their  adversaries,  but  were  as  often 
driven  back  to  their  first  position  by  the  well  directed  fire  of 
the  sharp-sighted  marksmen.  Finding  Hobbs  determined  on 
resistance,  and  that  his  own  men  had  sufiered  severely  in  the 
struggle,  Sackett  finally  ordered  a  retreat,  and  left  his  opponent 
master  of  a  well  fought  field. 

Hobbs's  men  were  so  well  protected,  that  only  three,  Ebene- 
zer  Mitchel,  Eli  Scott,  and  Samuel  Gunn,  were  killed  in  the  con- 
flict. Of  the  remainder,  Daniel  McKinney  of  Wrentham, 
Massachusetts,  had  his  thigh  broken  by  a  ball  from  the  enemy, 
and  was  thereby  disabled  for  life.  Samuel  Graves  Jr.  of 
Sunderland,  Massachusetts,  a  lad  seventeen  years  of  age, 
"  behaved  with  good  resolution  and  courage,  and  well  acquitted 
himself  in  his  place,  and  stood  his  ground  till  he  was  unfortu- 
nately shot  by  a  ball  from  the  Indian  enemy,  which  struck  him 
near  the  middle  of  his  forehead,  went  through  part  of  his  head 
and  came  out  of  the  left  side,  almost  over  his  ear,  bringing 
with  it  almost  two  spoonfuls  of  his  brains,  by  which  unhap]:)y 
accident  his  life  was  in  very  great  danger  and  almost  despaired 
of."  "  But  through  divine  undeserved  goodness,"  in  the  words 
of  his  memorial,  "  his  life  is  continued,  but  under  great  diffi- 
culty, by  reason  of  tits  of  the  falling  sickness,  which  render 
him  incapable  of  business."     Xathan  Walker,  of  Sudbury, 


iV-iS.]  FIGHT   BETWEEN    HOBBS    AND    SACKETT.  47 

Massachusetts,  received  a  wound  in  the  arm  during  the  engage- 
ment, and  Ralph  Rice  was  also  injured. 

Many  of  the  enemy  were  seen  to  fall,  particularly  when  they 
advanced  and  exposed  themselves,  and  although  their  loss  was 
undoubtedly  great,  yet  so  etfectuaUy  did  they  conceal  it,  that  it 
was  impossible  to  determine  its  extent.  After  the  Indians  had 
disappeared,  Capt.  Ilobbs  and  his  men  remained  concealed 
until  night,  fearing  another  attack  ;  but  there  being  no  signs  of 
the  ene^ny,  favored  by  the  darkness  they  gathered  their  packs, 
took  up  the  dead  and  wounded,  and  after  burying  the  former 
under  some  old  logs  about  half  a  mile  from  the  scene  of  action, 
and  conducting  the  latter — two  of  whom.  Graves  and  Kinney, 
they  were  obliged  to  carry — to  a  more  convenient  place,  about 
two  miles  distant,  they  encamped  for  the  night.  They  aiTived 
at  Fort  Dummer  on  the  27tli,  at  four  o'clock  in  the  afternoon, 
and  sent  the  wounded  to  Northiield,  where  they  could  receive 
proper  medical  attention.  Two  days  after,  having  received  no 
answer  to  the  expresses  which  had  been  sent  to  Hadley  and 
Hatfield  for  assistance,  Capt.  Ilobbs  and  Lieut.  Sheldon,  with 
forty-nine  men,  set  out  from  Fort  Dummer,  about  three  o'clock 
in  the  afternoon,  for  the  place  where  the  fight  had  occurred. 
About  sunset  hearing  a  gun  fired  in  the  rear,  and  at  night  a 
report  in  advance,  then  another  in  the  rear,  and  the  same 
repeated  several  times,  they  concluded  they  were  discovered, 
and  fearing  an  ambush,  set  out  for  the  fort,  where  they  arrived 
the  next  morning  in  safety  a  little  after  sunrise,  and  immedi- 
ately fired  the  "  Great  Gun,"  the  signal  for  aid. 

In  the  fight  between  Ilobbs  and  Sackett,  according  to  the  long 
established  custom,  whenever  an  Indian  fell,  his  nearest  comrade 
stealthily  approaching  the  body  under  cover  of  the  trees  and 
underbrush,  would  attach  to  it  a  turn,])  line  and  cautiously  drag 
it  to  the  rear.  Although  the  Indians  sometimes  exposed  them- 
selves in  this  manner  more  than  in  regular  combat,  yet  so  skil- 
fully was  the  action  performed  that  the  dead  bodies  seemed  to 
Ilobbs's  men  to  slide  along  the  ground  as  if  by  enchantment.* 

The  number  of  Sackett's  force,  though  not  known,  has  been 
estimated  at  the  least  as  four  times  that  of  the  English  ;  and  it 
is  probable  that,  had  he  known  his  numerical  superiority,  he 

*  In  his  Dictionary  of  Americanisms,  p.  S66,  Bartlett  defines  the  Indian  verb 
tump,  "  to  draw  a  deer  or  other  animal  home  tlircugh  the  woods,  after  he  has 
beeu  killed."  According  to  the  same  authority  a  fumpline  is  "  a  strap  placed 
across  the  forehead  to  assist  a  man  in  carrying  a  pack  on  his  back." 


48  HISTOKY    OF    EASTEEN    YERMOXT.  [1748. 

would  have  adopted  a  different  metliod  of  warfare.  This  battle 
was  regarded  bj  the  people  in  the  Yicinity  as  a  masterpiece  of 
persevering  bravery,  and  served,  to  a  certain  extent,  to  remove 
the  unfavorable  impression  produced  by  the  defeat  of  Melvin's 
scout.  "  If  Hobbs's  men  had  been  Romans,"  observes  one 
writer,  "  they  would  have  been  crowned  with  laurel,  and  their 
names  would  have  been  transmitted  with  perpetual  honor  to 
succeeding  generations."* 

The  enemy  still  continued  their  depredations  on  the  frontiers, 
and,  in  the  early  part  of  July,  killed  at  Ashuelot  ten  or  eleven 
head  of  cattle,  and  drove  off  all  the  rest  they  could  find  in  the 
neighborhood.  On  the  14th  of  the  same  month,  as  ten  men  were 
travellijig  from  ISTorthfield  to  Ashuelot,  by  the  way  of  Fort 
Dummer,  in  order  to  supply  the  place  of  the  ten  who  had  been 
killed  or  captured  the  month  before,  they  being  in  company 
with  some  other  soldiers  who  belonged  to  Fort  Dimimer  and 
to  Capts.  Stevens  and  Hobbs's  companies,  the  whole  party, 
seventeen  in  number,  were  fired  upon  by  a  body  of  French  and 
Indians,  who  had  ambushed  their  patli,  about  half  a  mile  from 
Fort  Dummer,  within  a  few  rods  of  the  spot  where  the  former 
conflict  had  taken  place.  Although  they  had  taken  the  pre- 
caution to  keep  out  an  advanced  guard  on  each  side  of  the  path, 
while  on  their  march,  yet  so  suddenly  were  they  waylaid,  and 
by  a  force  numerically  so  much  their  superior,  that  more  than 
a  hundred  bullets  were  discharged  at  them,  before  they  had 
time  to  reload  after  the  first  fire.  They  immediately  fled  for 
shelter  to  the  bank  of  the  river,  but  were  pursued  and  overcome 
after  a  short  skirmish. 

The  interposition  of  Connecticut  river,  the  small  number  of 
the  men  at  Fort  Dummer,  sixteen  only,  half  of  whom  were  by 
sickness  unfit  for  duty,  rendered  it  impossible  for  the  garrison 
there  to  relieve  their  friends,  or  pursue  the  enemy.  Some  of 
them,  however,  ran  down  the  river,  and  discovering  on  the 
other  side  a  wounded  man,  and  another  endeavoring  to  escape 
to  the  fort,  they  guarded  them  up  and  over  the  river  to  their 
place  of  destination.  Two  others  tm*ned  back  and  reached  Col. 
IlinsdeU's  fort  in  safety.  Tlie  "  Great  Gun"  at  Fort  Dummer 
was  fired,  but  only  three  persons  that  night  responded  by  their 
presence  to  this  signal  for  assistance. 

*  MS.  papers  in  office  Sec.  State,  Mass.  Iloyt's  Indian  "Wars,  pp.  249-2-51. 
Dwight's  Travels,  ii.  81. 


17-iS.]  SCOUITNG   EXPEDITIONS.  49 

The  news  of  the  conflict  having  reached  N^umber  Four  on  the 
loth,  Capt.  Stevens  with  thirteen  men,  Lieut.  Hoit  with  thirty, 
and  Lieut.  Bills  with  more  than  twenty,  immediately  set  out  for 
Xorthfield.  On  the  next  day,  Capt.  Leeds  and  Lieuts.  Stratton 
and  Sheldon  joined  Capt.  Stevens,  and  the  whole  force,  amount- 
ing to  one  hundred  and  twenty-nine  men,  including  officers, 
marched  to  the  spot  where  the  conflict  had  taken  place.  They 
found  there  the  dead  bodies  of  Asahel  Graves  of  Hatfield,  and 
Henry  Chandler  of  "VVestford,  entirely  stripped  of  arms  and 
clothing.  Having  performed  the  rites  of  burial,  and  being 
joined  by  Col.  "Willard,  of  Fort  Dummer,  for  whom  they  had 
sent,  they  followed  the  enemy's  track  a  mile  further,  and  dis- 
covered the  bodies  of  Joseph  Rose  of  ISTorthfield,  and  James 
Billings  of  Concord.  It  was  supposed  that  these  men  had  been 
wounded  in  the  fight,  and  being  too  much  exhausted  to  proceed 
further  with  their  captors,  had  been  summarily  dispatched. 
They  also  found  the  body  of  a  soldier  who  had  been  slain  in  the 
former  encounter.  Returning  to  Fort  Dummer,  they  were  soon 
after  joined  by  several  of  the  inhabitants  of  Northampton,  Had- 
ley,  Hatfield,  and  Sunderland,  who  had  received  orders  from 
Col.  Porter  and  Major  Williams  to  "  scour  the  woods."  On  the 
lYth,  a  consultation  was  held  at  Hinsdell's  Fort,  where  Capt. 
Leeds  was  then  stationed.  It  was  determined  that  Capt.  Stevens, 
who  had  the  command  of  the  whole  party,  should  examine  the 
woods  in  the  neighborhood,  and  discover,  if  possible,  the  inten- 
tions of  the  enemy.  Returning  in  the  afternoon  to  Fort  Dum- 
mer, it  being  Sunday,  Mr.  Gardner,  the  chaplain,  in  view  of  the 
disastrous  events  which  had  lately  occurred,  and  the  surprises 
with  which  these  occurrences  had  invariably  commenced, 
preached  from  the  Revelation  of  St.  John,  the  third  chapter  and 
third  verse,  "  K  therefore  thou  shalt  not  watch,  I  will  come  on 
thee  as  a  thief,  and  thou  shalt  not  know  what  hour  I  will  come 
upon  thee." 

On  Monday,  the  18th,  Capt.  Stevens,  with  one  hundred  and 
twenty  men,  set  out  on  the  scouting  expedition  which  had  been 
planned  the  day  previous.  After  visiting  the  spot  where 
Hobbs's  fight  had  occurred,  burying  the  dead  they  there  found, 
and  following  the  enemy  some  distance,  whom,  however,  they 
were  not  able  to  overtake,  they  returned  on  the  20th,  reaching 
Fort  Dummer  at  noon. 

"What  the  loss  of  the  French  and  Indians  was  on  this  occasion, 
as  on  all  former  occasions,  it  was  impossible  to   determine. 

4 


50  HISTORY   OF   EASTERN   VERMONT.  [1748. 

That  two  Lidians  were  slain  was  certain,  and  it  was  probable 
that  more  were  killed  or  wounded,  as  the  soldiers  faced  and  fought 
them  at  the  first  onset,  and  the  scouts  afterwards  discovered  the 
places  where  four  biers  or  Utters  had  been  cut  and  prepared. 

Robert  Cooper,  one  of  the  men  who  escaped  to  Fort  Dummer, 
was  wounded  in  his  left  side  in  two  places,  and  his  arm  and 
one  of  his  ribs  were  severely  fractured.  He  remained  at  the 
fort  under  the  care  of  Andrew  Gardner,  who  was  "  chyrur- 
geon"  as  well  as  chaplain,  until  February  of  the  next  year,  by 
which  time  he  had  recovered  sufficiently  to  warrant  his  remo- 
val to  a  more  comfortable  place. 

Although  nine  were  taken  prisoners,  yet  that  they  did  not 
submit  very  readily,  will  be  seen  from  the  following  incident : 
John  Henry,  of  Concord,  after  being  wounded  and  having  re- 
ceived seven  bullets  in  his  clothing,  succeeded  in  escaping  to 
a  neighboring  thicket,  where  he  might  have  remained  in  safety, 
being  entirely  concealed.  But  happening  to  see  an  Indian 
seize  one  of  his  fellow-soldiers  at  a  little  distance  from  his  place 
of  retreat,  he  ran  up  within  a  few  feet  of  the  Indian  and  shot 
him  through  the  body,  whereupon  a  number  of  the  enemy  sur- 
rounded him,  whom  he  engaged  with  his  gun  clubbed  until  it 
was  broken  in  pieces,  upon  which  he  was  obliged  to  surrender. 
During  his  captivity,  he  was  barbarously  used  by  the  Indians, 
probably  on  account  of  the  spirited  resistance  with  which  he 
had  opposed  them,  Ephraim  Powers  of  Littleton,  and  John 
Edgehill  of  Lexington,  the  latter  an  apprentice  to  Jacob  Pike 
of  Framingham,  were,  both  of  them,  stripped  of  their  clothing, 
arms,  and  ammunition,  and  the  former  also  received  a  wound  in 
the  head.  After  their  return  from  Canada,  they  were  for  a  long 
time  incapable  of  any  labor  on  account  of  the  hardships  and 
sufiterings  they  had  undergone. 

The  other  captives  were  Sergt.  Thomas  Taylor  of  ISTorth- 
field,  Jonathan  Lawrence  Jr.  of  Littleton,  Reuben  Walker  of 
Chelmsford,  Daniel  Fanner  of  Granton,  Daniel  How  of  Cam- 
bridge, and  Tliomas  Crisson  of  Rutland.  Most  of  them  were 
young  men,  and  some  of  them  had  been  impressed  into  the  ser- 
vice, as  was  the  custom  of  the  times,  when  a  sufficiency  of  sol- 
diers could  not  be  obtained  by  regular  enlistment.  They  lost 
everything  of  value  which  they  had  with  them,  and  were,  with 
the  others  before  mentioned,  taken  to  Canada,  where  they  were 
sold  to  the  French,  who  retained  them  until  the  1st  of  October 
when  they  were  released  and  allowed  to  return  home. 


1748.]  EOrTE   OF   THE    INDLUS'S    TO    CANADA.  51 

The  route  pursued  by  the  Indians  in  reaching  Crown  Point 
on  their  way  to  Canada,  is  thus  described  by  Sergt.  Taylor, 
one  of  the  captives  :  "  They  crossed  the  Connecticut  at  a  place 
then  called  Catts-hane,  two  or  thi-ee  miles  above  the  mouth  of 
West  River,  which  they  fell  in  with  at  the  lower  fork ;  thence 
proceeded  up  that  river,  part  of  the  way  on  the  flats,  over  the 
ground  where  Capt.  Melvin's  affair  happened,  three  or  foui* 
miles  below  the  upper  fork ;  thence  to  the  source  of  the  river, 
and  over  the  high  lands  to  Otter  Creek  ;  thence  down  this 
creek  several  miles,  and  crossing,  proceeded  to  Lake  Champlain 
about  twelve  miles  south  of  Crown  Point,  whence  they  proceed- 
ed in  canoes  to  that  post.  The  enemy  carried  several  of  theu* 
wounded,  and  were  joined  on  the  route  by  another  body  with  a 
prisoner,  Mrs.  Fitch,  taken  at  Lunenburgh.  The  Indians  halted 
in  the  middle  of  the  forenoon,  at  noon,  and  the  middle  of  the 
afternoon — their  march,  twenty  miles  per  day."* 

llie  General  Court  of  Massachusetts,  in  view  of  the  services 
rendered,  gave  especial  rewards  to  Sergt.  Taylor,  to  the  three 
of  his  companions  who  were  the  gi'eatest  sufferers,  and  to  the 
representatives  of  those  who  were  slain. 

This  calamity,  and  the  others  which  had  preceded  it,  aroused 
the  attention  of  Massachusetts  to  the  necessity  of  a  more  efli- 
cient  defence  of  the  frontier  settlements.  Brig.-Gen.  Joseph 
Dwight  wrote  to  Secretary  Willard,  of  Massachusetts,  on  the 

*  Hoyt's  Indian  Wars,  p.  251.  In  the  year  1789,  John  Fitch  purchased  one 
hundred  and  twenty  acres  of  land,  situated  about  seven  and  a  half  miles  above  the 
meeting-house  in  Lunenburgh,  Massachusetts,  where  he  built  a  house  and  culti- 
vated a  farm.  For  a  defence  against  the  enemy,  he  afterwards  erected  a  block- 
house, at  which  scouting  parties  were  accustomed  to  rendezvous.  On  the  5th  of 
July,  1748,  there  being  but  two  soldiers  with  him,  the  enemy  appeared,  shot  one 
of  them,  and  drove  Fitch  and  the  other  into  the  garrison.  After  besieging  the 
garrison  about  an  hour  and  a  half,  the  other  was  shot  through  the  porthole  in 
the  flanker.  Fitch  being  left  alone  and  unable  longer  to  resist,  was  taken  prisoner 
with  his  wife  and  five  children.  The  Indians,  after  possessing  themselves  of  such 
things  as  they  wished,  burned  the  house  and  garrison,  and  set  out  with  their  cap- 
tives for  Canada.  It  is  probable  that  the  party  separated  before  reaching  Crown 
Point,  since  Sergt.  Taylor,  in  mentioning  the  arrival  of  Mrs.  Fitch,  makes  no  re- 
ference to  her  husband,  who  was  probably  in  another  companj-.  The  youngest  of 
the  children  was  not  weaned,  and  two  of  the  others,  from  want  of  provisions,  be- 
came nurslings  on  the  way.  After  a  wearisome  march,  they  reached  their  j^lace 
of  destination,  but  were  not  obliged  to  remain  long  in  captivity,  being  allowed  to 
return  home  early  in  the  following  fall.  Having  reached  New  York,  they  set  out 
for  Massachusetts  by  the  way  of  Rhode  Island  ;  but  Mrs.  Fitch,  wearied  by  the 
long  journey  she  had  just  accomplished,  and  overcome  by  her  sufferings,  died  at 
Providence. 


52  HISTOET    OF   EASTERN    VERMONT.  [1Y48. 

IGtli  of  July,  praying  for  a  "  thousand  men  to  drive  the  woods 
and  pursue  the  enemy  to  Crown  Point ;"  also,  for  several  troops 
of  horse.  He  also  jDi'oposed,  that  other  means  than  those  which 
had  been  heretofore  used,  should  be  tried  to  enlist  soldiers,  and 
that  £1000  should  be  paid  for  every  Indian  killed,  the  scalp  to 
be  a  sufficient  order  for  the  reward.  Col.  Israel  Williams  of 
Hatfield  also  wrote  to  Governor  Shirley,  on  the  16th,  advising 
that  twenty  or  thirty  of  the  Six  nations  of  Indians  should  reside 
at  ITumber  Four  and  at  Fort  Massachusetts.  Their  presence, 
it  was  urged,  would  ward  off  the  attacks  of  the  enemy.  Col. 
Josiah  Willard,  of  Fort  Dummer,  in  a  letter  written  on  the 
19th,  said  :  "  Ever  since  Number  Four  above  us  has  been  so 
mantled,*  they  (the  Indians)  press  exceeding  hard  upon  Fort 
Dummer  and  Mr,  Hinsdell's  garrison,  both  which  are  very 
weak-handed.  My  business  of  procuring  stores  obliges  us  to 
go  out,  and  having  but  sixteen  men  in  y®  fort,  we  are  exceed- 
ingly exposed."  His  son,  Major  Josiah  Willard,  of  Ashuelot, 
in  a  letter  dated  a  few  days  previous,  complained  of  the  scarce- 
ness of  provisions  at  Number  Four. 

In  answer  to  these  various  communications,  Governor  Shirley 
ordered  Col.  WiUard  to  detain  twenty  men  of  the  garrison 
of  Number  Four  at  Fort  Dummer,  for  a  short  time  while  the 
enemy  were  near ;  and  it  appears  that  Capt.  Thomas  Buckmin- 
ster,  with  forty-seven  men,  was  stationed  there  from  the  6th  to 
the  20th  of  August. 

The  incursions  of  the  Indians  dm-ing  the  remainder  of  the 
year,  were  neither  numerous  nor  extended.  On  the  moi*ning 
of  the  23d  of  July,  a  little  before  sum-ise,  six  Indians  having 
attacked  Aaron  Belding,  killed  and  scalped  him  on  the  main 
street  in  Northfield.  The  inhabitants  were  generally  in  bed, 
but  on  hearing  the  alarm  arose  as  fast  as  possible,  and  hurried 
to  the  spot.  The  Indians  had,  however,  made  good  their  escape, 
and  though  they  were  hotly  pursued,  yet  it  was  to  no  purpose. 

An  attack  on  Foi-t  Massachusetts  was  the  last  hostile  act  of 
the  enemy  for  the  year.  Suitable  provision  was  made  for  main- 
taining the  principal  forts  during  the  coming  winter ;  and  by 
the  special  advice  of  Governor  Shirley,  fifteen  men  were  sta- 
tioned at  Fort  Dummer,  and  five  at  Hinsdell's  Fort,  there  to 
remain  for  seven  months  from  the  20th  of  November. 

*  Covered,  guarded  or  protected. 


CHAPTER  in. 

FKONTIEK  LIFE. 

Preparations  for  Defence — Life  of  the  Frontier  Settlers — Soldiers'  Quarters — 
Diversions  of  Spring,  Summer,  Autumn,  Winter — Effects  of  a  Declaration  of 
War — Grants  of  Townships  on  Connecticut  River  by  Massachusetts — Number 
One  or  New  Taunton — Conditions  of  a  Grant — First  Settlement  of  New  Taunton, 
now  Westminster — The  place  abandoned — Re-settled — Proposition  to  Settle 
the  Coos  Country — John  Stark — Convention  at  Albany — Incursion  at  Charles- 
town — Birth  of  Captive  Johnson — Inscription  commemorative  of  the  Cir- 
cumstance— Other  Depredations — Defences — The  Great  Meadow — Its  Settle- 
ment— Partisan  Corps — The  Life  of  a  "  Ranger" — Continuation  of  Incursions — 
Attack  on  Bridgman's  Fort — Captivity  of  Mrs.  How — Attack  near  Hinsdale's 
Fort — DisDute  as  to  the  Maintenance  of  Fort  Dummer — Death  of  CoL  Ephraim 
Williams. 

The  peace  of  Aix-la-Chapelle,  concluded  ou  tlie  IStli  of 
October,  1748,  and  proclaimed  at  Boston  in  January,  1749, 
although  it  put  an  end  to  the  war  between  England  and 
France,  did  not  immediately  restore  tranquillity  to  the  colonies. 
Early  in  the  next  year,  hostile  Indians  began  as  usual  to  hover 
around  the  frontier  settlements,  and  on  the  20th  of  June,  a 
party  of  them  in  ambush  shot  Ensign  Obadiah  SartweU,  of 
Number  Four,  as  he  was  harrowing  corn  in  his  house-lot,  and 
took  captive  Enos  Stevens,  son  of  the  renowned  captain.  About 
the  same  time  Lieut.  Moses  Willard,  in  company  with  his  two 
sons  and  James  Porter  Jr.,  discovered  at  the  north  of  West 
river  mountain  five  fires,  and  numerous  Indian  tracks  ;  and  as 
Mr.  Andros  was  going  from  Fort  Dummer  to  Hinsdell's  gar- 
rison, he  saw  a  gun  fired  among  some  cattle  as  they  were  graz 
ing  but  a  short  distance  from  him.  These  indications  were 
enough  to  awaken  suspicions  of  a  bloody  season,  and  the  Gene- 
ral Court  accordingly  enlisted  a  force  of  fifty  men  to  serve  as 
scouts  between  Northfield  and  Number  Four,  having  their 
head-quarters  at  Fort  Dummer  and  Col.  Hinsdell's  garrison, 


54  HISTORY   OF   EA8TEEN   VERMONT.  [1749. 

and  being  under  the  command  of  Col.  J  osiah  Willard.  They 
continued  on  this  service  from  the  26th  of  June  to  the  lYth  of 
July,  and  were  then  dismissed,  it  appearing  that  the  enemy  had 
removed  from  that  portion  of  the  country.  Although  hostili- 
ties had  ceased,  and  notwithstanding  a  treaty  of  f)eace  was 
concluded  with  the  Lidians  at  Falmouth  in  the  month  of  Sep- 
tember following,  yet  the  forces  were  not  wholly  withdrawn 
from  the  frontiers.  A  garrison  of  fifteen  men,  afterwards 
reduced  to  ten,  was  continued  at  Fort  Dummer  from  Septem- 
ber, 1Y49,  to  June,  1750,  and  the  same  number  of  men  was 
stationed  respectively  at  Number  Fom-  and  Fort  Massachusetts 
during  the  same  period. 

Throughout  the  whole  of  tliis  war,  the  Indians  were  gene- 
rally successful  in  their  attacks  upon  the  whites,  and  yet  there 
were  no  instances  in  which  deliberate  murder  was  committed, 
or  cruel  torture  inflicted  on  those  who  fell  into  their  hands. 
On  the  contrary,  their  captives  were  always  treated  with  kind- 
ness ;  blankets  and  shoes  were  provided  to  protect  them  from 
the  inclemencies  of  the  weather,  and  in  case  of  a  scarcity  of 
provisions  the  vanquished  and  victor  shared  alike. 

Civilization  in  this  part  of  the  country,  even  if  it  had  not 
retrograded  during  these  struggles,  had  made  but  httle  advance, 
and  many  of  the  settlements  which  had  been  commenced 
before  the  war,  were  wholly  abandoned  during  its  progress. 
Tlie  people  not  belonging  to  the  garrisons  and  who  still  remained 
on  the  frontiers,  lived  in  fortified  houses  which  were  distin- 
guished by  the  names  of  the  owners  or  occupants,  and  aff'orded 
sufficient  defence  from  the  attacks  of  musketry.  The  settler 
never  went  to  his  labors  unarmed,  and  were  he  to  toil  in  the 
field  would  as  soon  have  left  his  instruments  of  husbandry  at 
home  as  his  gun  or  his  pistols.  Often  was  it  the  case,  that  the 
woods  which  surrounded  his  little  patch  of  cleared  ground  and 
sheltered  his  poor  but  comfortable  dwelHng,  sheltered  also  his 
most  deadly  enemy  ready  to  plunder  and  destroy.* 


*  The  fortified  houses  were  in  some  instances  surrounded  with  palisades  of  cleft 
or  hewn  timber,  planted  perpendicularly  in  the  ground,  and  without  ditches. 
Tlie  villages  were  inclosed  by  larger  works  of  a  similar  style.  Occasionally, 
flanking  works  were  placed  at  the  angles  of  fortified  houses,  similar  to  small  bas- 
tions. "  A  work  called  a  mount  was  often  erected  at  exposed  points.  These 
[mounts]  were  a  kind  of  elevated  block-house,  affording  a  view  of  the  neighbor- 
ing country,  and  where  they  were  wanting,  sentry-boxes  were  generally  placed 
upon  the  roofs  of  houses." — Hoyt's  Lidiau  Wars,  p.  185. 


1749.]  LIFE   OF   TlIE   FKONTIER    SETTLERS.  55 

Solitary  and  unsocial  as  the  life  miglit  seem  to  be  -u-liicli  the 
soldiers  led  in  the  garrisons — distant  as  they  were  from  any  but 
the  smallest  settlements,  and  liable  at  almost  any  moment  to  the 
attack  of  the  enemy — yet  it  had  also  its  bright  side,  and  to  a 
close  observer  does  not  appear  to  have  been  -wholly  devoid  of 
pleasure.  The  soldiers'  quarters  were  for  the  most  part  com- 
fortable, and  their  fare,  though  not  al-^ays  the  richest,  was  good 
of  its  kind.  Ilard  labor  in  the  woods  or  field,  or  on  camp  duty, 
afforded  a  seasoning  to  their  simple  repast,  the  piquancy  of  which 
effeminate  ease  never  imagined.  Those  who  kept  watch  by 
night,  rested  by  day,  and  none,  except  in  times  of  imminent 
danger,  were  deprived  of  their  customary  quota  of  sleep. 

In  the  sprmg,  when  the  ground  was  to  be  ploughed  and  the 
grain  sown,  with  a  proper  guard  stationed  in  different  parts  of 
the  field,  the  laborers  accomplished  their  toil.  In  the  pleasant 
afternoons  when  the  genial  sunshine  was  bringing  out  "  the 
blade,  then  the  ear,  after  that  the  full  corn,"  a  game  at  ball  on 
the  well  trodden  parade,  or  of  whist  with  a  broad  flat  stone  for 
a  table,  and  a  knapsack  for  an  easy  cusliion,  served  either  to 
nerve  the  arm  for  brave  deeds,  and  quicken  the  eye  with  an 
Indian  instinct,  or  to  sharpen  in  the  English  mind  that  principle, 
M'liich  nowadays  has  its  full  development  in  Yankee  cunning. 
Pleasant  also  was  it  to  snare  the  unsuspecting  salmon  as  he 
pursued  his  way  up  the  river;  exciting  to  spear  him,  when 
endeavoring  to  leap  the  falls  which  imj^eded  his  advance. 

The  grass  ripened  in  the  hot  summer's  day,  and  the  crop  was 
carefully  gathered,  that  the  "  kindly  cow"  might  not  perish  in 
the  long  winter,  and  that  the  soldier  might  occasionally  renew 
his  homely  but  healthful  bed  of  hay.  By  and  by,  when  the 
golden  silk  that  had  swayed  so  gently  on  the  top  of  the  tail 
stalk,  turning  sere  and  crinkled,  told  that  the  maize  with  which 
God  had  supplied  the  hunger  of  the  Lidian  for  ages,  was  ready 
to  yield  nom*ishment  to  his  bitterest  enemy  the  white,  then  for 
a  while  was  the  sword  exchanged  for  the  sickle,  and  the  shouts 
of  harvest-home  sounded  a  strange  contrast  to  the  whoop  of 
the  foem^n.  And  then  at  the  husking,  no  spacious  barn  which 
had  received  the  golden  load,  beheld  beneath  its  roof  the  merry 
company  assembled  for  sport  as  well  as  labor,  but  when  gather- 
ed in  knots  of  three  or  four,  or  it  might  be  a  half  dozen,  as  they 
stripped  the  dried  husk,  and  filled  the  basket  with  the  full  ears, 
or  cast  the  dishonored  nubbins  in  some  ignoble  corner,  who 
doubts  that  their  thoughts  wandered  back  to  the  dear  delights 


56  HISTOKT    OF   EASTEEN   TEEMONT.  [1T49. 

•which  even  the  puritan  customs  of  the  old  Bay  Province  had 
allowed  them  to  enjoy,  and  that  their  minds  lingered  around 
the  pleasant  scenes  of  bygone  days,  until  fancy  had  filled  the 
picture  to  which  reality  had  given  only  the  frame.  This  also 
was  the  season  when  the  deer  furnished  the  best  venison,  and 
the  bear  the  richest  tongue  and  steak ;  and  when  there  was  no 
enemy  near,  to  be  attracted  by  the  sound,  the  click  of  the  rifle 
was  sure  premonition  of  a  repast,  which  had  it  not  been  for  the 
plainness  of  its  appointments,  would  have  been  a  feast  for  an 
epicure. 

When  winter  had  mantled  the  earth,  then  did  the  old  woods, 
which  had  stood  for  ages  undisturbed,  feel  the  force  of  the 
sturdy  blow,  and  many  a  noble  oak  yielded  up  its  Life,  that  the 
axe  which  wounded  it  might  be  new-handled,  the  fort  repaired 
where  time  and  the  enemy  had  weakened  it,  and  the  soldiers 
warmed  when  benumbed  by  cold  and  exposui-e.  Then,  too, 
would  they  prepare  the  trap  for  the  big  moose,  or  on  snow- 
shoes  attack  him  on  his  own  premises ;  and  when  the  heavy 
carcass  arrived  piecemeal  at  its  destination,  its  presence  spoke 
of  plenty  and  good  cheer  for  a  long  season. 

On  the  Sabbath,  if  the  garrison  was  provided  with  a  chap- 
lain, what  themes  could  not  the  preacher  find  suggestive  of 
God  and  goodness  ?  The  White  Hills  on  one  side,  and  on  the 
other  the  Green  Mountains,  pointed  to  the  heaven  of  which  he 
would  speak,  and  emblemized  the  majesty  of  him  who  reigned 
there.  The  simple  wild  wood  flowers  taught  lessons  of  gentle- 
ness and  mercy ;  and  when  the  hand  of  the  foe  had  destroyed 
the  habitation,  and  widowed  the  wife,  and  carried  the  babes 
captive ;  when  the  shriek  at  midnight,  or  in  the  day-time  the 
ambush  in  the  path,  told  of  surprise  or  insecurity,  with  what 
pathos  could  he  warn  them  of  "  the  terror  by  night,"  of  "  the 
arrow  that  flieth  by  day,"  of  "  the  destruction  that  wasteth  at 
noonday,"  and  urge  upon  them  the  necessity  of  preparation  not 
only  temporally  but  for  eternity. 

Joyful  was  the  hour  when  the  invitation  came  to  attend  the 
raising  of  some  new  block-house,  or  of  a  dwelling  within  the  walls 
of  a  neighboring  garrison.  As  timber  rose  upon  timber,  or  as 
mortise  received  tenon,  and  mainpost  the  brace  with  its  bevel 
joint,tumultuously  rose  tlie  shouts  and  merrily  passed  the  canteen 
from  mouth  to  mouth  with  its  precious  freight  of  rum  or  cider. 
And  wlicn  the  last  log  was  laid,  or  the  framework  stood  com- 
plete, foreshadowmg  the  future  house  in  its  skeleton  outline, 


1749.]  GAEKISON-LIFE.  57 

then  how  uproariously  would  the  j  oiliest  of  the  party  iii  some 
rude  coujDlet  give  a  name  to  the  building,  and  christen  it  by 
breaking  the  bottle,  or  climbing  to  the  top,  fasten  to  the  gable 
end  the  leafy  branch,  while  his  companions  rent  the  aii*  with 
their  lusty  plaudits ! 

Great  was  the  pleasure  when  the  watchful  eye  of  the  officer 
detected  the  drowsy  sentinel  sleeping  on  guard.  Forth  was 
brought  the  timber-mare,  and  the  delinquent,  perched  on  the 
wooden  animal,  expiated  his  fault  amid  the  jeers  of  his  more 
fortunate  comrades.  When  the  black  night  had  enshrouded 
all  objects,  with  what  terror  did  even  brave  men  hear  the  hos- 
tile whoop  of  the  Indian,  or  with  what  anxious  attention  did 
they  listen  to  the  knocking  of  some  bolder  warrior  at  the  gate 
of  their  garrison,  and  how  gladly  did  they  hail  the  approach 
of  light,  driving  with  its  presence  fears  which  the  darkness  had 
magnified  in  giant  proportions. 

And  when  thus  much  has  been  said  of  the  pleasures  and  of 
the  better  feelings  appertaining  to  garrison-life,  all  has  been 
said.  In  many  instances  the  soldier  impressed  into  the  service 
was  forced  to  fulfil  an  unwilling  duty.  Sometimes  the  wife  or 
the  mother  accompanied  the  husband  or  son,  and  shared  volun- 
tarily his  humble  fare  and  hard  lot.  Yet  there  was  then  but 
little  attention  paid  to  the  cultivation  even  of  the  more  common 
graces  of  society,  and  the  heart  "tuned  to  finer  issues"  found 
but  little  sympathy  in  the  continuous  round  of  the  severest 
daily  duties. 

When  a  war  was  declared  between  England  and  France,  the 
hostile  forces  of  those  countries,  on  the  sea  or  on  the  land,  in 
decisive  battles  determined  for  a  time,  at  least,  the  condition  of 
either  nation.  But  Avhen  the  war  was  proclaimed  at  Boston,  a 
series  of  border  depredations,  beginning  perhaps  in  the  slaughter 
of  an  unsuspecting  family  at  midnight,  varied  with  numerous 
petty  but  irritating  circumstances,  every  act  closing  with  an 
ambush  attack,  and  a  wild  foray  composing  the  conclusion, 
such  was  the  result  in  the  colonies,  such  was  the  drama,  a 
drama  of  tragedy  and  blood.  Cruelty  on  the  one  hand  begat 
cruelty  on  the  other,  until  large  sums  were  paid  by  the  whites 
for  the  captive  Indian,  or  for  the  bloody  scalp  of  the  murdered 
one.  And  yet,  on  the  part  of  the  English  in  America,  the  war 
was  not  one  of  retaliation.  They  prepared  their  forts  and  their 
garrisons,  it  is  true,  and  sent  forth  their  scouting  parties  in 
every  direction ;  but  by  the  former  means  did  they  attempt  to 


58  HISTOKT    OF   EASTEKN   VERMONT.  [173.5-1751. 

repel  the  attacks  of  invaders,  and  by  tlie  latter  to  drive  them 
without  their  boundaries.  The  history  of  the  natural,  inherent 
rights  of  the  Indian,  involves  an  argument  too  deep  for  these 
narrative  pages.  Still  there  is  no  one  who  can  question  the 
right  of  the  settlers  to  defend  their  property,  though  it  might  be 
unwittingly  placed  on  the  land  claimed  under  the  law  of  nature, 
by  which  the  Indian  demanded  as  his  own  territories,  those  on 
which  he  had  hunted,  and  as  his  sti'eams  those  in  which  he  had 
fished,  and  on  which  he  had  paddled  his  canoe. 

Many  petitions  having  been  presented  to  the  General  As- 
sembly of  Massachusetts,  in  the  year  1735,  praying  for  grants 
of  land  on  the  Connecticut  and  Merrimack  rivers,  that  body,  on 
the  15th  of  January,  173|,  ordered  a  survey  of  the  lands 
between  the  aforesaid  rivers,  from  the  north-west  corner  of  the 
town  of  Kumford  on  the  latter  stream  to  the  Great  Falls  on  the 
former,  of  twelve  miles  in  breadth  from  north  to  south,  and  the 
same  to  be  laid  out  into  townships  of  six  miles  square  each. 
Tliey  also  voted  to  divide  the  lands  bordering  the  east  side  of 
Connecticut  river,  south  of  the  Great  Falls,  into  townships  of 
the  same  size ;  and  on  the  west  side,  the  territoiy  between 
the  Great  Falls  and  the  "  Equivalent  Lands  "  into  two  town- 
ships of  the  same  size  if  the  space  would  allow,  and  if  not  into 
one  townshijD.  Eleven  persons  were  appointed  to  conduct  the 
survey  and  division.  Twenty-eight  townships  were  accordingly 
laid  out  between  the  Connecticut  and  Merrimack  rivers,  and  on 
the  west  bank  of  Connecticut  river  township  ^Number  One,  now 
"Westminster,  was  surveyed  and  granted  to  a  number  of  persons 
from  Taunton,  USTorton,  and  Easton  in  Massachusetts,  and  from 
Ashford  and  Killingly  in  Connecticut,  who  had  petitioned  for 
the  same.* 

The  terms  upon  which  the  grant  of  Number  One  and  of  the 
other  townships,  was  made,  were  these.  Each  settler  was 
required  to  give  bonds  to  the  amount  of  forty  pounds  as  security 
for  performing  the  conditions  enjoined.  Those  who  had  not 
within  the  space  of  seven  years  last  past  received  grants  of 
land  were  admitted  as  grantees ;  but  in  case  enough  of  this 
class  could  not  be  found,  then  those  were  admitted  who,  having 
received  grants  of  land  elsewhere  within  the  specified  time, 
had  fulfilled  the  conditions  upon  which  they  had  received 
them.    The  grantees  were  obliged  to  build  a  dweUing-house 

*  See  Appendix  C. 


1735-1751.]  EKECTION   OF   MILLS.  59 

eigliteen  feet  square  and  seven  feet  stud  at  the  least,  on  tlieir 
respective  house  lots,  and  fence  in  and  break  up  for  ploughing,  or 
clear,  and  stock  with  English  grass  five  acres  of  land,  and  cause 
their  respective  lots  to  be  inhabited  within  three  years  from 
the  date  of  their  admittance.  They  were  further  required 
within  the  same  time  to  "  build  and  furnish  a  convenient  meet- 
ing-house for  the  public  worship  of  God,  and  settle  a  learned 
orthodox  minister."  On  faihng  to  perform  these  terais  their 
rights  became  forfeit,  and  were  to  be  again  granted  to  such 
settlers  as  would  fulfil  the  above  conditions  within  one  year  after 
receiving  the  grant.  Each  township  was  divided  into  sixty- 
three  rights — sixty  for  the  settlers,  one  for  the  first  settled  minis- 
ter, another  for  the  second  settled  minister,  and  the  third  for  a 
school.  The  land  in  township  I*Tumber  One  was  divided  into 
house  lots  and  "  intervale "  lots,  and  one  of  each  kind  was 
included  in  the  right  of  every  grantee.  As  to  the  remainder 
of  the  undivided  land,  an  agreement  was  made  that  it  should 
be  shared  equally  and  alike  by  the  settlers  when  divided. 

Capt.  Joseph  Tisdale,  one  of  the  principal  gi*antees  of 
I^Tumber  One,  having  been  empowered  by  the  General  Assem- 
bly of  Massachusetts,  called  a  meeting  of  the  grantees  at  the 
school-house  in  Taunton,  on  the  14th  of  January,  173^.  A 
committee  was  then  appointed  to  repair  to  the  new  township 
for  the  pui"pose  of  dividing  the  land,  according  to  the  wishes  of 
the  grantees.  Tliey  were  also  required  to  select  a  suitable  place 
for  a  meeting-house,  a  burying-place,  a  training  field,  sites  for  a 
saw  mill  and  a  grist  mill,  and  to  lay  out  a  convenient  road. 
The  proprietors  held  a  number  of  meetings,  sometimes  at 
Capt.  Tisdale's,  at  other  times  in  the  old  school-house,  and  not 
unfrequently  at  the  widow  Euth  Tisdale's.  A  sufficient  time 
having  elapsed,  the  allotment  of  the  sixty-three  rights  was 
declared  on  the  26th  of  September,  1737,  and  proposals  were 
issued  for  erecting  a  saw  mill  and  a  grist  miU  at  Kumber  One, 
which  was  now  familiarly  called  New  Taunton,  in  remembrance 
of  the  town  where  the  majority  of  the  proprietors  resided.  At 
the  same  time,  a  number  of  the  proprietors  agreed  to  undertake 
the  building  of  the  mills,  and  by  the  records  of  a  meeting  held 
July  8th,  1740,  it  appeared  that  the  saw  mill  had  been  built, 
and  that  means  had  been  taken  to  lay  out  a  road  from  it  to  the 
highway.  Other  improvements  were  made  at  this  j)eriod  by 
Kichard  Ellis  and  his  son  Reuben  of  Easton,  who  having 
purchased   eight  rights   in  the   new  township,  built  there   a 


60  raSTORY    OF   EASTERN    VERMONT.  [1735-1751. 

dwelling-house,  and  cleared  and  cultivated  several  acres  of 
land.  Some  of  the  settlers  were  also  engaged  at  the  same  time 
in  laying  out  roads  and  constructing  fences,  who,  on  their 
return  to  Massachusetts,  received  gratuities  for  their  services 
from  the  other  proprietors.* 

The  grantees  were  preparing  to  make  other  improvements, 
having  in  view  particularly  the  construction  of  a  road  to  Fort 
Dummer,  when,  on  the  5th  of  March,  1740,  the  northern  bound- 
ary line  of  Massachusetts  was  settled.  On  finding  by  this 
decision  that  Number  One  was  excluded  from  that  province, 
they  appointed  an  agent  on  the  5th  of  Aprd,  1742,  to  acquaint 
the  General  Assembly  of  Massachusetts  of  the  difiiculties  they 
had  experienced,  and  of  the  money  and  labor  they  had  expend- 
ed in  settling  their  grant,  and  to  ask  from  that  body  directions 
by  which  they  might  firmly  secure  their  rights,  although  under 
a  different  jurisdiction.  The  meeting  at  which  this  appoint- 
ment was  made,  was  probably  the  last  held  by  the  proprietaries 
under  Massachusetts,  and  there  is  but  little  doubt  that  the 
settlement  was  abandoned  upon  the  breaking  out  of  the  "  Cape 
Breton  War." 

*  At  a  proprietors'  meeting  held  in  Taunton  on  Tuesday,  December  2d,  1Y40, 
the  folio-wing  appropriations  were  made : — 

"  To  Mr.  Richard  Ellis  who  in  a  great  measure  as  to  us  appears,  built  a  dwell- 
ing-house, and  broke  up  five  or  six  acres  of  land,  voted  to  be  paid  and  allowed 
by  said  proprietors  for  both  years'  service,  11S9  and  1740,  the  sum  of    £45  0  0 
"  Voted  to  be  paid  Lieut.  John  Harney  for  himself  and  hand  in  y* 

year  1*739, £10  0  0 

"  Voted  to  be  paid  James  Washburn  for  his  service,  and  part  of  the 

team, £10  0  0 

"  Voted  to  be  paid  Mr.  Joseph  Eddy  for  himself  and  one  hand,  and 

one  third  part  of  the  team, £15  0  0 

"  Voted  to  be  paid  Seth  Tisdale  for  his  labour,  1*739,       .         .         .£500 
"  Voted  Jonathan  Harney  y*  2d,  to  be  paid,  .         .         .         .£500 

'•'Voted  to  be  paid  Jonathan  Thayer  for  his  service  in  the  year  1740, 

on  said  township, £10  0  0 

£100  0  0" 
Extract  from  Records  of  Township  No.  1.  under  Massachusetts. 

In  the  list  of  the  proprietors  of  Number  One,  dated  November  19th,  1736, 
appear  the  names  of  Joseph  and  Jonathan  Barney  of  Taunton.  There  is  a  tra- 
dition that  one  Barney  came  to  New  Taunton  as  early  as  the  year  1749,  that  he 
built  there  a  house,  and  erected  the  frame  of  a  saw  mill.  When  driven  away  by 
the  Indians,  it  is  said  that  he  previously  took  the  precaution  to  bury  the  mill 
irons.  A  certain  stream  in  tlie  town  bore  for  many  years  the  name  of  Barney 
Brook,  and  Barney  Island,  in  Connecticut  river,  was  for  a  long  time  used  for 
farming  purposes  by  the  early  settlers. 


1751-1754:.]  NUilBEK    ONE   RE-GRANTED.  61 

In  the  spring  of  the  year  1751  John  Averill,  with  his  wife, 
and  his  son  Asa,  moved  from  Northfield,  in  Massachusetts,  to 
Number  One.  At  that  time  there  were  but  two  houses  in  the 
latter  place.  One  of  these,  occupied  by  Mr.  Averill,  was  situ- 
ated on  the  top  of  Willard's  or  Clapp's  hill,  at  the  south  end  of 
the  main  street.  The  other  below  the  hill,  on  the  meadow,  and 
unoccupied,  was  probably  the  house  built  by  Mr.  Ellis  and  his 
son  in  1739.  In  the  house  into  which  Mr.  Averill  moved  there 
had  been  living  four  men,  one  woman,  and  two  childi-en.  The 
men  were  William  Gould  and  his  son  John,  Amos  Carpenter 
and  Atherton  Chaffee.  Of  these,  Gould  and  Carpenter  moved 
their  famiHes  from  Northfield  to  Number  One  dm'ing  the  sum- 
mer of  the  same  year.  The  first  child  born  in  "Westminster  was 
Anna  Averill.     Her  birth  took  place  in  the  autumn  of  1751. 

On  the  9th  of  November,  1752,  Governor  Benning  Went- 
worth,  of  New  Hampshire,  re-granted  Number .  One,  and 
changed  its  name  to  Westminster.  The  first  meeting  of  the 
new  grantees  was  held  at  Winchester,  New  Hampshire,  in 
August,  1753,  at  the  house  of  Major  Josiah  Willard,  whose 
father,  Col.  Josiah  Willard  of  Fort  Dummei-,  was  at  the  time 
of  his  death,  by  pm'chase  from  the  original  Massachusetts  gran- 
tees, one  of  the  principal  proprietors  of  Number  One.*  A 
subsequent  meeting  was  held  at  Fort  Dummer,  in  the  same 
year,  at  which  permission  was  given  to  those  proprietors  who 
had  purchased  rights  under  the  Massachusetts  title  and  then 
held  them,  of  locating  their  land  as  at  the  first.  Further  opera- 
tions were  suspended  by  the  breaking  out  of  the  French  war, 
and  the  families  above  enumerated  were  the  only  inhabitants 
of  Westminster  until  after  the  close  of  that  struggle,  f 

Although  the  treaty  of  Aix-la-Chapelle,  as  well  as  that  with 
the  Indians  at  Falmouth,  had  promised  a  respite  from  the 
bloody  scenes  of  border  warfare,  yet  the  government  of  Massa- 
chusetts, knowing  well  the  treachery  of  those  with  whom  they 
had  to  negotiate  or  contend,  still  retained  their  forces  on  the 
frontiers.:}:    Difficulties  had  already  arisen  in  the  eastern  quar- 


*  Deeds  conveying  to  him  twelve  of  the  original  rights  are  on  record. 

f  See  Appendix  D. 

X  From  the  21st  of  June,  1*750,  until  the  20th  of  February,  1752,  Fort  Dummer 
was  garrisoned  with  ten  men;  fifteen  were  stationed  at  Fort  Massachusetts,  and 
the  same  number  at  Number  Four.  The  pay  allowed  at  this  period  was:  to  a 
captain,  £2  2«.  8c?. ;  to  a  lieutenant,  £1  128.  A\d. ;  to  a  sergeant,  £1  8s.  \d. ;  to  a 
corporal,  £1  8«.  Qd. ;  to  a  private  sentinel,  £1  1«.  4d 


62  HISTOEY   OF   EASTEEN   VEEMONT.  [1751-1754. 

ters  of  New  England,  and  from  a  letter  written  by  Col.  Israel 
"Williams  on  the  31st  of  July,  1750,  it  would  appear  tliat  the 
Indians  were  at  that  time  expected  also  on  the  western  frontier. 
But  the  season  passed  without  any  interruption  from  the  ene- 
my. On  the  8th  of  December  following  died  Col.  Josiah 
Willard,  who  had  been  for  so  long  a  time  the  able  and  efficient 
commander  of  Fort  Dummer,  and  was  succeeded  on  the  18th 
by  his  son  Major  Josiah  Willard,  who  had  formerly  had  the 
charge  of  a  garrison  at  Ashuelot. 

Intelligence  having  reached  Boston,  in  August,  1751,  that  a 
number  of  the  Penobscot  tribe  had  joined  the  St.  Francis  In- 
dians with  the  design  of  attacking  the  frontier  settlements,  CoL 
Israel  WiUiams  was  ordered  to  apprise  the  garrisons  at  Num- 
ber Four,  Forts  Dummer  and  Massachusetts,  of  their  danger. 
The  necessary  measures  of  defence  were  accordingly  taken,  and 
in  consequence  of  this  vigilant  activity,  no  incursions  were 
made  during  this  summer.  A  plan  was  projected  about  this 
period  of  establishing  a  military  settlement  on  the  rich  inter- 
vals at  Coos,  extending  south  from  Canada,  a  considerable  dis- 
tance on  both  sides  of  Connecticut  river.  Many  engaged  in  the 
enterprise,  and  in  the  spring  of  1752  a  party  was  sent  to  view 
Coos  meadows,  and  lay  out  the  townships.  The  Indians  who 
claimed  this  territory,  noticing  these  movements,  sent  a  delega- 
tion from  their  tribe  to  Charlestown  and  informed  Capt.  Stevens 
that  they  should  resist  by  force  any  attempt  to  cany  the  plan 
of  a  settlement  mto  execution.  Governor  Wentworth  having 
heard  of  their  determination,  deemed  it  best  not  to  irritate 
them,  and  the  design  was  relinquished.* 

On  the  28tli  of  the  following  April,  ten  or  twelve  of  the  St 
Francis  Lidians  surprised  four  men  who  were  huntmg  on  Baker's 
river,  a  branch  of  the  Merrimack.  Amos  Eastman  and  the 
subsequently-distinguished  John  Stark  were  made  prisonei*s. 
William  Stark,  a  brother  of  the  latter,  escaped,  but  David 
Stinson,  his  companion,  was  killed.  By  the  way  of  Connecticut 
river  and  by  portage  to  Lake  Memphramagog,  the  cajDtives 
were  carried  to  the  Lidian  country.  Stark  was  at  first  treated 
with  great  severity,  but  was  subsequently  adopted  as  a  son  of 
the  Sachem  of  the  tribe,  and  was  so  much  caressed  by  his  cap- 
tors that  he  used  often  to  observe,  "  that  he  had  experienced 
more  genuine  kindness  from  the  savages  of  St.  Francis,  than  he 

*  Powers'a  Coos  Country,  pp.  10-13.    Belknap's  Hist  K  H.,  iL  278,  279. 


1752-175^1:.]  TKEATT   WITH   THE   ESTDIANS.  63 

ever  knew  prisoners  of   war   to    receive  from   any   civilized 
nation."* 

In  Februar}'-,  1752,  the  General  Court  believing  that  the  fron- 
tiers were  comparatively  secm-e,  reduced  the  garrison  at  Fort 
Dummer  to  five  men.  In  this  condition  it  remained  under  the 
command  of  Josiah  Willard,  to  whom  a  sergeant's  pay  was 
allowed,  until  January,  1754,  when  the  same  body  voted  that, 
"  from  and  after  February  20th  next,  no  further  provision  be 
made  for  the  pay  and  subsistence  of  the  five  men  now  posted 
at  Fort  Dummer,  and  that  the  Captain  General  be  desired  to 
direct  Major  Josiah  Willard  to  take  care  that  the  artillery  and 
other  warlike  stores  be  secured  for  the  service  of  the  govern- 
ment." Notwithstanding  this  vote,  the  same  force  and  the 
same  commander  were  continued  until  the  following  Septem- 
ber. The  year  1753  was  one  of  comparative  quiet.  Settle- 
ments multipHed  and  immigration  increased.  But  in  a  coun- 
try, the  power  of  whose  masters  had  only  been  checked,  no- 
thing but  temporary  peace  could  be  expected.  A  short  respite 
from  the  barbarities  of  a  savage  warfare,  was  sure  to  be  follow- 
ed by  a  long  period  of  melancholy  disasters.  Kor  was  the  pre- 
sent instance  an  exception  to  the  rule.  Tlie  encroachments  of 
the  French  on  the  Ohio,  and  the  renewal  of  hostilities  by  the 
Indians  on  the  frontiers  of  ISTew  England,  manifested  the  pre- 
sence of  a  disposition  as  fierce  and  warlike  as  that  which  had 
preceded  the  struggles  of  former  years.  On  this  account  the 
home  government  ordered  the  colonies  to  place  themselves  in  a 
state  of  preparation,  and  counselled  them  to  unite  for  mu<;ual 
defence.  In  compHance  with  tliis  advice,  Governor  Shirley 
proposed  to  the  governors  of  the  other  provinces  to  send  dele- 
gates to  Albany,  to  draw  up  articles  for  a  protective  union  and 
hold  a  treaty  with  the  Six  nations.  His  proposition  was  adopted. 
Delegates  from  seven  provinces  met  at  the  convention  on  the 
19th  of  June,  1754.  A  treaty  was  concluded  with  the  Indians, 
and  on  the  4th  of  July,  twenty-two  years  before  the  Declaration 
of  American  Independence,  a  plan  for  the  union  of  the  colonies 
was  agreed  on.  Copies  of  the  plan  were  sent  to  each  of  the  pro- 
vinces represented,  and  to  the  King's  Council.  By  the  pro- 
vinces it  was  rejected,  "because  it  was  supposed  to  give  too 
much  power  to  the  representatives  of  the  King."     It  met  with  a 

*  Memoir  of  General  Stark,  by  his  son,  Concord,  1S31,  p.  174.  Hoyt's  Indian 
Wars,  p.  260. 


64  HISTORY    OF   EASTEKX    VERMONT.  .   [1Y54:. 

similar  fate  at  the  hands  of  the  Council,  "  because  it  was  sup- 
posed to  give  too  much  power  to  the  representatives  of  the  peo- 
ple." By  this  disagreement,  the  colonies  were  obliged  to  fall 
back  on  their  old  system  of  warfare.  Each  government  was 
left  to  contend  with  its  enemies  as  best  it  might.* 

For  the  defence  of  Massachusetts  and  her  frontiers,  during 
the  year  1754,  Governor  Shirley,  on  the  21st  of  June,  ordered 
the  commanders  of  the  provincial  regiments  to  assemble  their 
troops  for  inspection,  and  make  returns  of  the  state  of  their 
forces  at  head-quarters.  The  towns  in  the  province  were  also 
ordered  to  furnish  themselves  with  the  stock  of  ammunition 
required  by  law.  It  was  not  until  late  in  the  summer  that  the 
enemy  renewed  their  incursions  on  the  frontiers  of  ^New  Hamp- 
shire. At  Baker's  town,  on  the  Pemigewasset  river,  they  made 
an  assault  on  a  family,  on  the  15th  of  August,  killed  one  woman, 
and  took  captive  several  other  persons.  On  the  18th  they 
killed  a  man  and  a  woman  at  Stevens's  town,  in  the  same  neigh- 
borhood. Terrified  at  these  hostile  demonstrations,  the  inhabit- 
ants deserted  their  abodes,  and  retired  to  the  lower  towns  for 
safety,  and  "  the  government  was  obliged  to  post  soldiers  in  the 
deserted  places."  At  an  early  hour  on  the  morning  of  the  30th, 
the  Indians  appeared  at  Number  Four,  or  Charlestown,  on  Con- 
necticut river,  broke  into  the  house  of  James  Johnson,  before  any 
of  the  family  were  awake,  and  took  him  prisoner,  together  with 
his  wife  and  three  children,  his  wife's  sister,  Miriam  Willard,  a 
daughter  of  Lieutenant  "VViUard,  Ebenezer  Farnsworth,  and 
Peter  Labaree.  Aaron  Hosmer,  who  was  also  in  the  house, 
eluded  the  enemy  by  secreting  himself  under  a  bed.  l^o  blood 
was  shed  in  the  capture,  and  soon  after  daylight  the  Indians  set 
out  with  their  prisoners  for  Canada,  by  the  way  of  Crown  Point. 
On  the  evening  of  the  first  day,  the  whole  party  encamped  in 
the  south-west  corner  of  the  present  township  of  Reading,  in 
Yermont,  near  the  junction  of  what  is  now  called  Knapp's 
brook  with  the  Black  river  branch.  On  the  morning  of  the 
31st,  Mrs.  Johnson,  who  had  gone  half  a  mile  further  up  the 
brook,  was  dehvered  of  a  daughter,  who,  from  the  circumstances 
of  her  birth,  was  named  Captive.  After  a  halt  of  one  day  the 
march  was  resumed,  Mrs.  Johnson  being  carried  by  the  Indians 
on  a  litter  which  they  had  prepared  for  her  accommodation. 
As  soon  as  her  strength  would  permit,  she  was  allowed  to  ride 

•  Holmes's  Annals,  il  200,  201.     Iloyt's  Indian  Wars,  pp.  260,  261. 


1754.] 


COMMEMORATIVE    STONES. 


65 


a  horse.  Tlie  journey  was  long  and  tedious,  and  provisions 
were  scanty.  It  finally  became  necessary  to  kill  the  horse  for 
food,  and  the  infant  was  nourished,  for  several  days,  by  sucking 
pieces  of  its  flesh.* 

Captive  Johnson  was  afterward  the  wife  of  Col.  George 
Kimball  of  Cavendish.  Upon  the  north  bank  of  Knapp's 
brook  in  the  town  of  Eeading,  beside  the  road  running  from 
Springfield  to  "Woodstock,  stand  two  stones  commemorative  of 
the  events  above  recorded.  The  larger  one  is  in  its  proper 
place,  and  the  smaller  one,  though  designed  to  be  located 
half  a  mile  further  up  the  brook,  whether  by  accident  or  inten- 
tion, has  always  stood  at  its  side.  The  stones  are  of  slate,  and 
of  a  very  coarse  texture.     They  bear  the  following  inscriptions. 


Commemorative  Stones. 

*  When  they  arrived  at  Montreal,  Mr.  Johnson  obtained  a  parole  of  two 
months,  to  return  and  solicit  the  means  of  redemption.  He  applied  to  the  Assem- 
bly of  New  Hampshire,  and,  after  some  delay,  obtained  on  the  19th  of  December, 
1754,  one  hundred  and  fifty  pounds  sterling.  But  the  season  was  so  far  ad- 
vanced, and  the  winter  proved  so  severe,  that  he  did  not  reach  Canada  till  the 
spring.  He  was  then  charged  with  breaking  his  parole ;  a  great  part  of  his 
money  was  taken  from  him  by  violence,  and  he  was  shut  up  with  his  family 
in  prison.  Here  they  took  the  small-pox,  from  which,  after  a  severe  illness, 
they  happily  recovered.  At  the  expiration  of  eighteen  months,  Mrs.  Johnson, 
with  her  sister  and  two  daughters,  were  sent  in  a  cartel  ship  to  England,  and 
thence  returned  to  Boston.  Mr.  Johnson  was  kept  in  prison  three  years,  and 
then  with  his  son  returned  and  met  his  wife  in  Boston,  where  he  had  the  singular 
ill  fortune  to  be  suspected  of  designs  unfriendly  to  his  country,  and  was  again 
imprisoned ;  but  no  evidence  being  produced  against  him,  he  was  liberated.  His 
eldest  daughter  was  retained  in  a  Canadian  nunnery. — Belknap's  Hist.  N.  H.,  il 
289,  290.     Hoyt's  Indian  "Wars,  p.  262. 

6 


66  HISTOET   OF   EASTERN   VERMONT.  [1754. 

This  is  near  the  spot 

that  the  Indians  Encamp^  the 

Night  after  they  took  M""  Johnson  & 

Family  M""  Laberee  &  Farnsworth 

Auguft  30th  1754  And  Mrs 

Johnson  was  deUver*^  of  her  child 

Half  a  mile  up  this  Brook. 

When  trouble  near  the  Lord  is  kind 

He  hears  the  captives  Crys 

He  can  subdue  the  savage  mind 

And  learn  it  sympathy 

On  the  31^*  of 

Auguft  1754 

Cap*  James 

Johnson  had 

A  Daughter  born 

on  this  spot  of 

Ground  being 

Captivated  with 

his  whole  Family 

by  the  Indians. 

But  the  enemy  did  not  confine  their  depredations  to  the  fron- 
tiers alone.  On  the  28th  of  August,  a  party  of  about  one 
hundred  Indians,  from  the  ISTepisinques,  the  Algonkins,  and 
the  "  Abenaquies  of  Bekancour"  made  an  attack  on  "  Dutch 
Hoosac,"  about  ten  miles  west  of  Fort  Massachusetts.  Their 
"first  appearance  was  at  a  mill  which  was  attended  by  a  few 
men.  Of  these,  they  killed  Samuel  Bowen,  and  woimded  John 
Barnard.  They  then  drove  the  rest  of  the  inhabitants  from 
their  dwellings,  killed  most  of  the  cattle,  and  set  fire  to  the  set- 
tlement. On  the  following  day  San  Coick  experienced  a  similar 
fate.  The  garrison  at  Fort  Massachusetts  was  too  weak  to 
afibrd  any  important  aid,  and  a  party  of  militia  from  Albany, 
that  had  marched  to  the  scene  of  destruction,  did  not  arrive 
until  the  enemy  had  departed.  The  loss  at  Hoosac  was  stated 
at  "  seven  dwelling  houses,  fourteen  barns,  and  fourteen  har- 
racTcs  of  wheat."  Tliat  at  San  Coick  was  about  the  same. 
The  property  destroyed  was  supposed  to  amount  to  "  four  thou- 
sand pounds,  York  currency."* 

*  Hoyt  says:  "The  depredations  were  attributed  principally  to  the  Schag- 
ticoke  Indians." — Indian  Wars,  p.  203. 

It  is  more  than  probable  that  the  tribes  mentioned  in  the  text  were  the  perpe- 


1754.]        PLANS  FOR  THE  FRONTIEK  DEFENCES.  6Y 

To  put  a  period,  if  possible,  to  these  devastating  incursions, 
more  extensive  means  of  defence  were  adopted  by  Massachu- 
setts, and  the  charge  of  the  western  frontiers  was  again  given 
to  Coh  Israel  Williams  of  Hatfield.  His  knowledge  as  a  topo- 
grapher and  engineer,  enabled  him,  soon  after,  to  present  to 
Governor  Shirley  an  accurate  sketch  of  the  frontiers  of  Massa- 
chusetts and  New  Hampsliire,  with  plans  for  their  defence.  He 
recommended  the  abandonment  of  Forts  Sliirley  and  Pelhara, 
and  the  erection  of  a  line  of  smaller  works  on  the  north  side  of 
Deerfield  river.  He  further  proposed  that  the  old  works  at 
Korthfield,  Bernardston,  Colrain,  Greenfield,  and  Deerfield 
should  be  repaired,  and  others  built  where  repairs  were  imprac- 
ticable ;  that  Forts  Dummer  and  Massachusetts  should  be 
strengthened  and  furnished  with  light  artillery  and  sufficient 
garrisons ;  that  fortifications  should  be  erected  at  Stockbridge, 
Pontoosuck,  and  Blanford  in  the  south-western  part  of  Massa- 
chusetts, and  two  others  to  the  westward  of  Fort  Massachu- 
setts, in  order  to  form  a  cordon  with  the  line  of  works  in 
ISTew  York ;  that  the  fort  at  Charlestown,  being  out  of  the  juris- 
diction of  Massachusetts,  should  be  abandoned ;  that,  as  in  the 
former  wars,  ranging  parties  should  be  constantly  employed 
along  the  line  of  forts,  and  in  the  wilderness,  now  the  state  of 
Yermont,  and  that  the  routes  and  outroads  from  Crown  Point 
should  be  diligently  watched.  Tliese  plans,  with  the  exception 
of  that  recommending  the  abandonment  of  Charlestown,  were 
adopted,  and  a  body  of  troops  was  ordered  to  be  raised  for  the 
western  frontiers,  to  be  stationed  as  Col.  Williams  should  direct. 

Forts  Dummer  and  Massachusetts,  works  of  considerable 
strength,  and  containing  small  garrisons,  were  furnished  with  a 
few  pieces  of  ordnance.  The  other  works  being  diminutive 
block-houses,  or  stockaded  dwellings,  bearing  the  names  of  their 
occupants,  were  made  defensible  against  musketry.  These  were 
Sheldon's  and  Burk's  garrisons  at  Bernardston,  on  Connecticut 
river ;  Morrison's  and  Lucas's,  at  Colrain ;  Taylor's,  Bice's,  and 
Hawks's,  at  Charlemont ;  Goodrich's  and  Williams's,  at  Pontoo- 
suck ;  and  defences  at  Williamstown,  Sheffield,  and  Blanford. 
Some  of  them  were  provided  with  swivels  and  small  forces 
under  subaltern  officers.  In  otlier  places,  less  exposed,  slighter 
fortifications  were   established,   some   at  the   expense  of  the 

trators  of  the  acts  ascribed  to  them. — See  documents  in  office  Sec.  State  N.  Y.,  in 
Colonial  MSS.  De  Lancey,  1764,  vol.  Ixxix. 


68  HISTORY    OF   EASTEEN    VERMONT.  [I'^S'i,  1Y55. 

inhabitants,  and  some  at  the  expense  of  the  province.  Capt. 
Ephraim  "Williams  was,  as  in  the  preceding  war,  appointed 
commander  of  the  line  of  forts.  His  rank  was  raised  to  that  of 
major.  Deeriield  was  made  the  depot  for  the  commissary- 
stores,  and  a  small  force  was  stationed  to  protect  them.  The 
office  of  commissary  was  given  to  Major  Elijah  Williams.  The 
fort  at  Charlestown,  which  had  been  built  by  Massachusetts, 
but  which  now  lay  within  the  boundaries  of  New  Hampshire, 
required  a  protecting  force.  Governor  Shirley  wrote  to  Go- 
vernor Wentworth  recommending  its  future  maintenance  to  the 
"New  Hampshire  Assembly,  and  applications  of  a  like  nature 
were  made  by  the  inhabitants  of  Charlestown.  The  Assembly, 
as  in  former  years,  refused  to  listen  to  these  requests.  Peti- 
tions were  then  sent  to  the  General  Court  of  Massachusetts,  and 
as  a  proof  of  the  importance  of  the  post  at  Charlestown,  the 
petitioners  stated  that  the  attacks  of  the  enemy  had  been  sus- 
tained at  that  place,  on  ten  different  occasions,  during  the 
space  of  two  years.  Mention  was  also  made  of  the  sufferings 
which  the  inliabitants  had  endured  by  the  loss  of  their  cattle 
and  provisions.  Massachusetts  again  sent  soldiers  for  the  de- 
fence of  the  town,  and  a  guard  was  continued  there  and  at  Fort 
Dummer  until  the  year  1757.  On  the  19th  of  September  the 
command  of  the  latter  station  was  given  to  Nathan  Willard, 
with  the  rank  of  sergeant,  and  until  June,  1755,  the  garrison 
numbered  eight  men.  So  effectually  had  these  preparations  been 
made,  and  so  well  were  they  perfected,  that  the  incursions  of  the 
enemy  ceased  almost  immediately.  The  settlers  again  enjoyed 
a  temporary  security,  and  at  the  close  of  the  year  it  was  deemed 
safe  to  lessen  several  of  the  garrisons  at  the  smaller  forts."* 

Tlie  inhabitants  of  Westminster  who  were  few  in  number  and 
but  poorly  protected,  being  alarmed  by  the  capture  of  the 
Johnsons  at  Cliarlestown,  had  removed  to  Walpole  immediately 
after  that  event.  Here  they  were  accoimnodated  at  the  house 
of  Col.  Benjamin  Bellows  until  October,  when  they  returned  to 
Westminster.  There  they  tarried  until  the  February  foUowing, 
when  the  Averill  family  moved  to  Putney,  which  town,  on  the 
26th  of  December,  1753,  had  been  granted  and  chartered  by 
Benning  Wentworth.  Fort  Hill,  which  had  been  erected 
before  the  Cape  Breton  war,  had  now  gone  to  decay  and  was 
mostly  demolished.     The  settlements  in  the  immediate  vicinity 

*  Hoyt's  Indian  "Wars,  pp.  263-265.     Belknap's  Hist  N.  H.,  ii.  290,  29]. 


1755.]  FOET    AT   THE    GKEAT   MEADOW.  69 

were  in  consequence  undefended  and  insecure.  For  their  mu- 
tual safety,  the  inhabitants  of  Westmoreland,  New  Hamp- 
shire, joined  with  the  inhabitants  of  Westminster  and  Putney, 
and  in  the  year  1755  built  a  fort  on  the  Great  Meadow,  on  the 
site  of  the  house  lately  occupied  by  Col.  Thomas  White,  near 
the  landing  of  the  ferry.  The  fort  was  in  shape  oblong,  about 
one  hundred  and  twenty  by  eighty  feet,  and  was  built  with 
yellow  pine  timber  hewed  six  inches  thick  and  laid  up  about 
ten  feet  high.  Fifteen  dwellings  were  erected  mthin  it,  the  wall 
of  the  fort  forming  the  back  wall  of  the  houses.  These  were 
covered  with  a  single  roof  called  a  "  salt-box  "  roof,  which  slanted 
upward  to  the  toj)  of  the  wall  of  the  fort.  In  the  centre  of  the 
enclosure  was  a  hollow  square  on  which  all  the  houses  fronted. 
A  great  gate  opened  on  the  south  toward  Connecticut  river, 
and  a  smaller  one  toward  the  west.  On  the  north-east  and 
south-west  corners  of  the  fort,  watch-towers  were  placed.  In 
the  summer  season,  besides  its  customary  occupants,  the  fort 
was  generally  garrisoned  by  a  force  of  ten  or  twelve  men  from 
New  Hampshire. 

The  only  inhabitants  on  the  Great  Meadow  at  the  beginning 
of  the  year  1755,  were  Philip  Alexander  from  Northfield, 
John  Perry  and  John  Averill  with  their  wives  and  fami- 
lies, and  Capt.  Michael  Gilson  a  bachelor,  his  mother  and  his 
two  sisters.  On  the  completion  of  the  fort,  several  of  the 
inhabitants  of  Westmoreland  crossed  the  river  and  joined  the 
garrison.  These  were  Capt.  Daniel  How,  Thomas  Chamber- 
lain, Isaac  Chamberlain,  Joshua  Warner  and  son,  Daniel  War- 
ner, wife  and  son,  Harrison  Wheeler,  Deacon  Samuel  Minott, 
who  afterward  married  Capt.  Gilson's  mother,  and  Mr.  Aldrich 
and  son.*  At  the  close  of  the  French  war,  all  who  had  re- 
moved from  Westmoreland,  returned,  with  the  exception  of 
Deacon  Minott.  During  the  summer  Dr.  Lord  and  William 
Willard  joined  the  garrison.  Several  children  were  born  in 
the  fort,  but  the  first  child  born  within  the  limits  of  the  town 
of  Putney  is  supposed  to  have  been  Aaron,  son  of  Philip  Alex- 
ander. His  birth  took  place  before  the  fort  was  built,  and  there 
is  a  tradition  that  Col.  Josiah  Willard,  in  commemoration  of  the 
event,  presented  to  the  boy  a  hundred  acres  of  land,  situated 
about  half  a  mile  east  of  Westmoreland  bridtfe.     The  father 


*  The  80Q  -was  afterward  General  George  Aldrich,     He  died  at  Westmore- 
land, N.  K,  in  the  year  1807. 


TO  HISTORY    OF   EASTERN    VERMONT.  [1755. 

of  Capt.  Daniel  How  and  the  father  of  Harrison  Wheeler  died 
in  the  fort.  Both  were  buried  in  the  graveyard  in  Westmore- 
land on  the  other  side  of  the  river.  Religious  services  were 
for  a  long  time  observed  among  the  occupants  of  the  fort,  and 
there  the  Rev.  Andrew  Gardner,  wdio  had  previously  been 
chaplain  and  surgeon  at  Fort  Dummer,  preached  nearly  three 
years.  The  Great  Meadow,  at  this  time,  was  not  more  than 
half  cleared,  and  its  noble  forests  of  yeUow  pine,  with  here 
and  there  a  white  pine  or  a  Avhite  oak,  presented  an  appearance 
which  is  seldom  to  be  met  with  at  the  present  period,  in  any 
part  of  the  state.  Col.  Josiah  Willard,  who  owned  the  Mea- 
dow, gave  the  use  of  the  land  as  a  consideration  for  building 
the  fort  and  defending  it  during  the  war.  The  land  was  por- 
tioned out  to  each  family,  and  the  inliabitants  were  accustomed 
to  work  on  their  farms  in  company  that  they  might  be  better 
prepared  to  assist  one  another  in  the  event  of  a  surprise  by  the 
enemy.  There  was  no  open  attack  upon  the  fort  during  the 
French  war,  although  the  shouts  of  the  Lidians  were  often  heard 
in  its  vicinity  in  the  night  season.  On  one  occasion  they  laid 
an  ambush  at  the  north  end  of  the  Meadow.  But  the  settlers 
who  were  at  work  on  an  adjacent  island,  were  so  fortunate  as  to 
discover  the  signs  of  their  presence,  and  avoided  them  by  pass- 
ing down  the  river  in  a  course  different  from  that  by  which 
they  had  come.* 

The  expeditions  which  were  planned  by  Gen.  Braddock,  in 
conjunction  with  the  Colonial  Governors,  against  Fort  Du 
Quesne,  Niagara,  and  Crown  Point,  at  the  beginning  of  this 
year,  served  to  a  certain  extent  to  defend  the  frontiers  from  the 
incursions  of  the  enemy.  Major  Ephraim  Williams,  who  dur- 
ing the  year  1754  had  taken  charge  of  the  western  line  of  forts 
in  Massachusetts,  was  appointed  to  the  command  of  a  regiment 
in  the  latter  expedition.  Capt.  Isaac  Wyman  succeeded  him 
as  commander  of  Fort  Massachusetts.  Simultaneous  with  these 
extensive  operations,  measures  were  taken  by  Massachusetts  to 
render  more  effectual  the  defence  of  her  borders.  Garrisons 
were  strengthened,  new  levies  of  soldiers  made,  the  people  in 
exposed  towns  were  required  to  go  armed  when  attending 
public  worship,  and  it  was  made  the  duty  of  the  militia  officers 
to  see  that  this  order  was  observed.f 

*  MS.  Historical  Sermons,  preached  at  Putney  on  Fast  Day,  1825,  by  Rev.  E. 
D.  Andrews. 

f  "  The  monthly  pay  of  the  troops  on  the  frontiers,  established  by  the  govern- 


1755,]  PARTISAN    CORPS    AJSTD    RANGERS.  71 

But  the  feature  ■vrhicli  characterized,  in  a  peculiar  manner 
the  warfare  of  this  year,  was  the  system  introduced  in  the 
conduct  and  management  of  the  partisan  corps.  Tlie  govern- 
ment of  Massachusetts  had  offered  a  large  bounty  for  every 
"  Indian  killed  or  captured,"  and  to  gain  this  reward,  did.  these 
ranging  parties  engage  in  what  were  commonly  known  at  the 
time  as  "  scalping  designs."  Tlieir  field  of  operation  extended 
from  the  Connecticut  to  the  Hudson,  and  from  the  Massachu- 
setts cordon  to  the  borders  of  Black  river,  in  "Vermont.  Each 
company  consisted  of  not  less  than  thirty  men,  and  .of  none  but 
such  as  were  able-bodied  and  capable  of  the  greatest  endur- 
ance. Sometimes  they  marched  in  a  body  on  one  route,  and 
again  in  two  or  three  divisions  on  difterent  routes,  or  as  ordered, 
by  their  officers.  The  commissioned  officers  kept  a  journal  of 
each  day's  proceedings,  which  was  returned  at  the  close  of  the 
march,  to  the  commander-in-chief  of  the  forces,  after  having 
been  sworn  to  before  the  Governor  of  Massachusetts,  or  one  of 
his  Majesty's  justices  of  the  peace.  Xo  bounty  was  given  until 
the  captm-ed  Indians,  or  the  scalps  of  those  killed,  were  deli- 
vered at  Boston  to  persons  appointed  to  receive  them. 

Compared,  with  the  life  of  the  ranger,  that  of  the  frontier 
settler  was  merely  the  training  school  in  hardship  and  endur- 
ance. In  the  ranging  corps  were  perfected  lessons,  the  rudi- 
ments of  which  are  at  the  present  day  but  seldom  taught ;  and 
the  partisan  soldier  of  the  last  century,  though  unskilled  in  the 
science  of  warfare,  was  an  equal  match  for  the  resolute  Lidian, 
whose  birthi'ight  was  an  habituation  to  daring  deeds  and  wasting 
fatigue.  The  duties  of  the  rangers  were  "  to  scour  the  woods, 
and  ascertain  the  force  and  position  of  the  enemy  ;  to  discover 
and  prevent  the  effect  of  his  ambuscades,  and  to  ambush  him 
in  turn ;  to  acquire  information  of  his  movements  by  making 
prisoners  of  his  sentinels  ;  and  to  clear  the  way  for  the  advance 
of  the  regular  troops."  In  marching,  flankers  preceded  the 
main  body,  and  their  system  of  tactics  was  embodied  in  the 
quickness  with  which,  at  a  given  signal,  they  could  form  in  file, 

ment  of  Ma-ssachusetts,  June  11th,  1755,  was  as  follows.  Marching  forces:  Cap- 
tain, £i  16s.  ;  Lieutenant,  £3  4s. ;  Sergeant,  £1  14s.  ;  Corporal  or  Private,  £1 
6s.  M.  Garrison  forces :  Captain,  £4;  Lieutenant,  £3 ;  Sergeant,  £1  10s.;  Cor- 
poral £1  8s. ;  Drummer,  £1  8s. ;  Centinel,  £1  4s. ;  Armourer  at  the  westward,  £3." — 
Iloyt'a  Indian  Wars,  p.  267. 

In  addition  to  the  regularly  established  garrisons,  guards  were  stationed  at 
Greenfield,  Charlemont,  Southampton,  Iluntstown,  Colrain,  and  Falltown,  to  pro- 
tect the  inhabitants  while  gathering  their  crops. 


72  HISTORY    OF    EASTERN    VERMONT.  [1755. 

either  single  or  otherwise,  as  occasion  demanded.  In  fighting, 
if  the  enemy  was  Indian,  they  adopted  his  mode  of  warfare, 
and  were  not  inferior  to  him  in  artifice  or  finesse.  To  the  use 
of  all  such  weapons  as  were  likely  to  be  employed  against  them 
they  were  well  accustomed,  and  their  antagonist,  whoever  he 
might  be,  was  sure  to  find  in  them  warriors  whom  he  might 
hate,  but  could  not  despise.  As  marksmen  none  surpassed  them. 
With  a  sensitiveness  to  sound,  aj^proximating  to  that  of  instinct, 
they  could  detect  the  sly  approach  of  the  foe,  or  could  mark 
with  an  accuracy  almost  beyond  belief,  the  place  of  his  con- 
cealment. Their  route  was  for  the  most  part  through  a  country 
thickly  wooded,  now  over  jagged  hills  and  steep  mountains, 
and  anon,  across  foaming  rivers  or  gravelly-bedded  brooks. 

When  an  Indian  track  was  discovered,  a  favorable  point  was 
chosen  in  its  coui'se,  and  there  was  formed  an  ambuscade,  where 
the  partisans  would  lie  in  wait  day  after  day  for  the  approach  o± 
the  enemy.  Nor  were  mountains,  rivers,  and  foes,  the  only  obsta- 
cles with  which  they  were  forced  to  contend.  Loaded  with  pro- 
visions for  a  month's  march,  carrying  a  musket  heavier  by  far  than 
that  of  a  more  modern  make,  with  ammunition  and  appurte- 
nances correspondent ;  thus  equipped,w"ith  the  burden  of  a  porter, 
did  they  do  the  duty  of  a  soldier.  At  night,  the  place  of  their 
encampment  was  always  chosen  with  the  utmost  circumspection, 
and  guards  were  ever  on  the  alert  to  prevent  a  sui-prise.  Were  it 
summer,  the  ground  sufiiced  for  a  bed,  the  clear  sky  or  the  out- 
spreading branches  of  some  giant  oak  for  a  canopy.  Were  it 
winter,  at  the  close  of  a  weary  march,  performed  on  snow-shoes, 
a  few  gathered  twigs  pointed  the  couch  made  hard  by  necessity, 
and  a  rude  hut  served  as  a  miserable  shelter  from  the  inclemency 
of  the  weather.  Were  the  night  very  dark  and  cold,  and  no 
fear  of  discovery  entertained,  gathered  around  the  blazing  brush 
heap,  they  enjoyed  a  kind  of  satisfaction  in  watching  the  tower- 
ing of  its  bright,  forked  flame,  relieved  by  the  dark  background 
of  the  black  forest ;  or  encircling  it  in  slumber,  dreamed  that 
their  heads  were  in  Greenland,  and  their  feet  in  Yesuvius.  If 
a  comrade  were  sick,  the  canteen,  or  what  herbs  the  forest  af- 
forded, were  usually  the  only  medicines  obtainable ;  and  were  he 
unable  to  proceed,  a  journey  on  a  litter  to  the  place  whence  his 
company  started,  or  to  the  point  of  their  destination,  with  the 
exposure  consequent  thereupon,  was  not  always  a  certain  war- 
rant of  recovery,  or  the  most  gentle  method  of  alleviating  pain. 

But  the  great  object  was  unattained,  so  long  as  they  did  not 


1755.]  THE   PARTISAN    SOLDIER,  73 

return  with  a  string  of  scalps,  or  a  retinue  of  captives.  When 
success  attended  their  efforts,  the  officers  and  soldiers  shared 
ahke  in  the  bounty  paid,  and  strove  to  obtain  equal  proportions 
of  the  praise  and  glory.  The  partisans  of  the  valley  of  the  Con- 
necticut were  mostly  from  Massachusetts,  Connecticut,  and  New 
Hampshire.  Some  of  them  had  borne  for  many  years  the  bar- 
barities of  the  Indian,  and  were  determined  to  hunt  him  Uke  a 
beast,  in  his  own  native  woods.  Not  a  few  had  seen  father  and 
mother  tomahawked  and  scalped  before  their  very  eyes ;  and 
some,  after  spending  their  youth  as  captives  in  the  wigwam,  had 
returned,  bringing  with  them  a  knowledge  of  the  Indian  modes 
of  warfare,  and  a  burning  desire  to  exert  that  knowledge  for  the 
destruction  of  their  teachers.  To  men  in  this  situation,  a  bounty, 
such  as  was  offered  by  the  government  of  Massachusetts,  was 
sufficient  to  change  thought  into  action,  and  it  did  not  require 
the  eye  of  a  prophet  to  foresee  the  result.  Great  were  the  dan- 
gers they  encountered,  arduous  the  labor  they  performed,  pre- 
eminent the  services  they  rendered,  and  yet  the  partisan  soldier 
has  seldom  been  mentioned  but  with  stigma,  and  his  occupation 
rarely  named  but  with  abuse.  This  may  be  due,  in  some  part, 
to  the  deviation  from  the  usages  of  civilized  warfare,  which  was 
sanctioned  by  the  use  of  the  scalping  knife.  Still  the  impartial 
reader  should  bear  in  mind  the  circumstances  and  the  times 
which  are  under  review.  He  should  remember  the  barbarity  of 
the  enemy,  the  principles  of  natural  justice,  or  the  law  of  retalia- 
tion, the  emergencies  which  were  constantly  arising,  and  the 
necessity  which  compelled  the  partisan  to  tight  the  Indian  on 
his  own  terms.  Let  these  considerations  be  indulged,  and  the 
rendering  of  a  juster  verdict  in  future,  will  show  that  discrimina- 
tion has  been  allowed  to  take  the  place  too  long  held  by  prejudice 
and  scorn.* 

Although  the  greatest  precautions  had  been  taken  to  render 
the  frontiers  secure  against  the  enemy,  yet  the  year  1755  bore 
on  its  record  as  large  a  share  of  disasters  as  any  which  had  pre- 
ceded it.  Early  in  June,  a  party  of  Indians  attacked  a  number 
of  persons,  who  were  at  work  in  a  meadow  in  the  upper  part 
of  Charlemont,  Massachusetts,  near  Rice's  fort.  Capt.  Rice 
and  Phineas  Arms  were  killed,  and  Titus  King  and  Asa  Rice,  a 
lad,  were  captured,  and  taken  to  Canada,  by  the  way  of  Crown 

*  Reminiscences  of  the  French  War,  Concord,  1831 ;  pp.  4,  5.  "  Rules  for  the 
Ranging  Service,"  in  the  Journals  of  Major  Robert  Rogers,  London,  1765;  pp. 
60-70.     Hoyt's  Indian  Wars,  pp.  266-268. 


74  mSTOET    OF   EASTERN   VERMONT.  [1755. 

Point.  King  was  afterward  carried  to  Prance,  thence  to  Eng- 
land, whence  he  at  length  returned  to  Northampton,  his  native 
place.  An  account  of  some  of  the  depredations  which  were 
made  at  this  period  in  New  Hampshire,  is  given  by  Hoyt,  in  the 
following  paragraph :  "  In  the  month  of  June,  a  man  and  boy 
were  captured  at  New  Hopkinton,  but  immediately  after  re- 
taken by  a  scouting  party.  The  same  month  an  attack  was 
made  on  a  fort  at  Keene,  commanded  by  Capt.  Sims;  but 
the  enemy,  after  some  vigorous  fighting,  were  driven  off.  On 
their  retreat  they  killed  many  cattle,  burned  several  houses, 
and  captured  Benjamin  Twichel.  At  Walpole  they  killed 
Daniel  Twichel,  and  another  man,  by  the  name  of  Flynt."  On 
the  17th  of  August,  at  noon,  the  Indians  in  large  numbers  at- 
tempted to  waylay  Col.  Benjamin  Bellows  of  Walpole,  and  a 
party  of  thirty  men,  while  returning  from  their  labor.  Failing 
in  this  undertaking,  they  attacked  the  fort  of  John  Kilburn, 
"situated  near  Cold  river,  about  two  miles  from  the  j)resent 
centre  of  the  town  of  Walpole,  on  the  road  to  Bellows  Falls, 
the  exact  spot  being  said  to  be  just  where  two  apple  trees,  very 
visible  on  the  east  of  the  way-side,  now  bear  the  fruits  of  peace." 
It  was  bravely  defended  by  the  owner  and  his  son,  John  Peak 
and  his  son,  and  several  women,  who  finally  compelled  the  enemy 
to  retire  with  considerable  loss.  Peak  was  mortally  wounded  in 
the  assault.* 

On  the  2Tth  of  June,t  the  most  disastrous  affair  that  occurred 
during  the  season  on  Connecticut  river,  took  place  at  Bridg- 
man's  Fort,  on  Yernon  meadow,  a  short  distance  below  Fort 
Duinmer.  On  the  spot  where  the  original  fort  stood,  which  was 
burned  by  the  Indians  in  17-47,  another  of  the  same  name  had 
been  erected  soon  after,  and  being  strongly  picketed,  was  con- 
sidered as  secure  as  any  garrison  in  the  vicinity.  It  was  situ- 
ated on  low  ground,  near  elevated  land,  from  which  an  easy 
view  of  its  construction  and  arrangements  might  be  had.  From 
the  manner  in  whicli  the  attack  was  planned,  and  from  the  stra- 
tegy therein  displayed,  it  is  supposed  that  the  Indians,  availing 
themselves  of  the  opportunity  afforded  by  the  high  ground, 
had  previously  viewed  the  place,  and  by  listening  at  the  gate, 
had  discovered  the  signal  by  which  admittance  was  gained  to 

*  Hoyt's  Indian  Wars,  pp.  266-269.  A  full  account  of  this  fight  is  given  in 
Appendix  E. 

f  Some  ■writers  have  named  July  2'7th,  as  the  day  on  which  this  event  occurred. 
Contemporaneous  MSS.  corroborate  the  date  given  in  the  text. 


1755.]  CAPTURE    OF    BRroOMAJST  S   FOKT.  75 

the  fort.  On  the  morning  of  the  day  in  which  the  attack  was 
made.  Caleb  How,  Hilkiah  Grout,  Benjamin  Gaffield,  and  two 
lads,  the  sons  of  How,  left  the  fort  and  went  to  work  in  a  corn- 
tield,  lying  near  the  bank  of  the  river.  Eeturning  a  little  before 
smiset,  they  were  fired  upon  by  a  party  of  about  a  dozen  Indians, 
from  an  ambush  near  the  path.  How,  who  was  on  horseback 
with  his  two  sons,  received  a  shot  in  the  thigh,  which  brought  him 
to  the  ground.  The  Indians,  on  seeing  him  fall,  rushed  up,  and 
after  piercing  him  with  their  spears,  scalped  him,  and  leaving 
him  for  dead,  took  his  two  sons  prisonei*s.  Gaffield  was  drowned 
in  attempting  to  cross  the  river,  but  Grout  fortunately  escaped. 
The  families  of  the  sufferers  who  were  in  the  fort,  had  heard 
the  firing  but  were  ignorant  of  its  cause.  Anxiously  awaiting 
the  return  of  their  companions,  they  heard  in  the  dusk  of 
evening  a  rapping  at  the  gate,  and  the  tread  of  feet  without. 
Supposing  by  the  signal  which  was  given  that  they  were  to  re- 
ceive friends,  they  too  hastily  opened  the  gate,  and  to  their 
surprise  and  anguish,  admitted  enemies.  The  three  families, 
consisting  of  Mrs.  Jemima  How  and  her  children,  IVIary  and 
Submit  Phips,  William,  Moses,  Squire  and  Caleb  How,  and  a 
babe  six  months  old ;  Mrs.  Submit  Grout  and  her  children, 
Hilkiah,  Asa,  and  Martha,  and  Mrs.  Gaffield  with  her  daugh- 
ter Eunice,  fourteen  in  all,  were  made  prisoners.  After  plun- 
dering and  firing  the  place,  the  Lidians  proceeded  about  a  mile 
and  a  half  and  encamped  for  the  night  in  the  woods.  The 
next  day  they  set  out  with  their  prisoners  for  Crown  Point, 
and  after  nine  days'  travel  reached  Lake  Champlain.  Here 
the  Indians  took  their  canoes,  and  soon  after,  the  whole  party 
arrived  at  the  place  of  destination.  After  remaining  at  Crown 
Point  about  a  week,  they  proceeded  down  the  lake  to  St.  Johns, 
and  ended  their  march  at  St.  Francis  on  the  river  St.  Lawrence. 
Mrs.  How,  after  a  series  of  adventures,  was  finally  redeemed 
with  three  of  her  children,  through  the  intervention  of  Col. 
Peter  Schuyler,  Major,  afterwards  Gen.  Israel  Putnam  and 
other  gentlemen,  who  had  become  interested  for  her  welfare  on 
account  of  the  peculiarity  of  her  sufferings  and  the  patience  with 
which  she  had  borne  them.  Of  the  other  children,  the  young- 
est died,  another  was  given  to  Governor  de  Yaudreuil  of 
Canada,  and  the  two  remaining  ones,  who  were  daughters, 
were  placed  in  a  convent  in  that  province.  One  of  these  was 
afterwards  carried  to  France,  where  she  married  a  Frenchman 
named  Cron  Lewis,  and  the  other  was  subsequently  redeemed 


76 


HISTORY    OF   EASTERN   VERMONT. 


[1755. 


by  Mrs.  How,  who  made  a  journey  to  Canada  for  the  express 
purpose  of  procuring  her  release.  Mrs.  How  afterwards  be- 
came the  wife  of  Amos  Tute,  who  was  for  several  years  one  of 
the  coroners  of  Cumberland  county.  She  was  buried  in 
Yernon,  and  her  tombstone  epitomizes  her  varied  life  and  ex- 
ploits, in  these  words. 

Mrs  Jemima  Tute 


Succerively  Relict  of  MefPs 

William  Phipps,  Caleb  Howe  &  Amos  Tute 

The  two  firft  were  killed  by  the  Jndians 

Phipps  July  5th  1743 

Howe  June  29th  1755 

When  Howe  was  killed,  fhe  &  her  Children 

Then  feven  in  number 

Were  carried  into  Captivity 

The  oldeft  a  Daughter  went  to  France 

And  was  married  to  a  French  Gentle- 


The    youngeft    was    torn    from    her 

Breast 
And  perished  with  Hunger 
By  the  aid  of  fome  benevolent  Gent" 
And  her  own  perfonal  Heroifrn 
She  recovered  the  reft 
She  had  two  by  her  laft  Hufband 
Outlived  both  him  &  them 
And  died  March  f^  1805  aged  82 
Having  pafled  thro  more  vicifTitudes 
And  endured  more  hardfhips 
Than  any  of  her  cotemporaries 


The  grave  of  Mrs.  Jemima  Tute. 


No  more  can  Savage  Foes  annoy 

Nor  aught  her  wide  fpread  Fame  Dcflroy* 


On  the  morning  after  the  attack  on  Bridgman's  Fort,  a  party 
of  men  found  Caleb  How  still  alive,  but  mortally  wounded. 
He  was  conveyed  to  Hinsdale's  Fort,  on  the  opposite  side  of 

*  A  more  detailed  account  of  the  adventures  and  sufferings  of  Mrs.  Howe,  who 
has  been  called  the  "Fair  Captive,"  may  be  found  in  Belknap's  Hist.  N.  H.  iii. 
370-388,  and  in  the  "  Life  of  General  Putnam  "  in  Humphrey's  Works,  pp.  276- 
279. 


1765.] 


ATTACK   AT   HINSDALE  8   FORT. 


77 


the  river,  where  he  soon  after  expired.  He  was  buried  about 
half  a  mile  from  the  fort,  in  the  middle  of  a  large  field,  and  a 
stone  erected  to  his  memory  is  still  standing,  inscribed  with 
this  record : — 


Jn  Memory  of  M' 
Caleb  How  a  very 
Kind  Companion  who 
Was  Killed  by  the  Jndea 
ns     June     the     27th 
1755.  in  the  32  year 
Of  his  age.     his  Wife  M" 
Jemima  How  With  7 
Children  taken  Captive 
at  the  Same  time. 


The  Grave  of  Caleb  How. 


At  the  close  of  three  years'  captivity,  Mrs.  Gaffield  was  ran- 
somed and  went  to  England.  Tlie  fate  of  her  daughter,  Eunice, 
is  uncertain.  On  the  9th  of  October,  1758,  a  petition,  signed 
Zadok  Hawks,  was  presented  to  the  General  Court  of  Massa- 
chusetts, praying  them  to  use  their  influence  to  obtain  the 
relea-se  of  Mrs.  Grout,  the  petitioner's  sister.  At  that  time,  she 
and  her  daughter  were  residing  with  the  French  near  Mon- 
treal, and  her  two  sons  were  with  the  Indians  at  St.  Francis. 
It  is  probable  that  their  release  was  not  long  delayed,  as  one  of 
the  sons  a  few  years  later  was  a  resident  of  Cumberland  county. 

But  this  was  not  the  last  of  the  incursions  of  the  enemy.  On 
the  22d  of  July,  at  about  nine  o'clock  in  the  morning,  a  party 
of  Indians  attacked  four  of  the  soldiers  of  Hinsdale's  Fort,  and 
three  of  the  settlers  residing  there,  as  they  were  cutting  poles 
for  the  purpose  of  picketing  the  garrison.  At  the  time  of  the 
attack  they  were  not  more  than  a  hundred  rods  distant  from 
the  fort.  Four  men  were  on  guard,  and  three  were  on  the 
team.  They  had  drawn  only  one  stick  when  the  enemy  fired 
upon  them,  and  having  got  between  them  and  the  fort  endea- 
vored to  keep  them  from  reaching  it.  Of  the  soldiers,  John 
Hardiclay*  was  killed  and  scalped  on  the  spot.  His  body  was 
terribly  mangled,  both  breasts  being  cut  off  and  the  heart  laid 
open.    Jonathan  Colby  was  captured,  and  the  two  others,  Heath 


*  In  the  letter  of  Col.  Ebenezer  Hinsdell,  this  name  is  written  Hardway.. 
H.  Hist.  Coll.,  T.  254. 


-N. 


78  HISTORY    OF    EASTERN    VERMONT.  [1755. 

and  Qiiimby,  escaped  to  the  fort.  Of  the  settlers,  John  Alex- 
ander was  killed  and  scalped,  and  Amasa  Wright  and  his  snr- 
viving  companion,  whose  name  is  not  recorded,  saved  them- 
selves by  flight.  An  alarm  was  immediately  sounded,  and  the 
"  Great  Gun"  at  Fort  Dummer,  on  the  opposite  side  of  the  river, 
was  fired.  Tliirty  men  from  Northfield  answered  the  summons, 
but  their  assistance  availed  only  in  bmying  the  dead,  for  the 
enemy  had  gone  too  far  to  warrant  a  pursuit.  A  week  pre- 
vious to  this  occurrence  the  Indians  burned  an  outhouse  with 
its  contents,  situated  about  six  miles  above  West  river,  and  dur- 
ing the  whole  summer  hostile  bands  scattered  in  every  direction 
among  the  settlements,  were  watching  for  opportunities  to  plun- 
der and  destroy.  Liformation  of  these  transactions  was  sent  to 
Governor  Wentworth  by  Col.  Ebenezer  Hinsdell,  and  the  clos- 
ing words  of  his  letter,  "  we  are  loath  to  tarry  here  merely  to 
be  killed,"  convey  in  strong  terms,  a  knowledge  of  the  danger 
which  encircled  the  settlers,  and  of  the  incompetency  of  their 
forces  to  afford  protection. 

Although  the  governor  was  willing  and  anxious  to  furnish 
the  requisite  aid,  the  New  Hampshire  Assembly  were  unwilling 
to  render  the  least.  Apphcation  was  then  made  to  the  Massa- 
chusetts Legislature,  and  Nathan  Willard,  the  commander  at 
Fort  Dummer,  in  a  memorial  presented  in  the  month  of  August, 
described  the  situation  of  that  post.  He  stated  that  the  enemy 
were  continually  lurking  in  the  woods  around  and  near  the  foi't ; 
that  during  the  past  summer  nineteen  persons,  living  within 
two  miles  of  it,  had  been  "  killed  or  captivated ;"  that  it  was 
impossible  to  succor  them  by  reason  of  the  insufficiency  of  the 
garrison,  which  numbered  only  five  men  on  pay,  and  that  in 
case  of  an  attack  there  was  no  reason  why  the  enemy  should 
not  be  perfectly  successful.  In  view  of  these  representations, 
the  Legislature  directed  Capt.  Willard  to  add  six  men  to  his 
present  force,  to  serve  until  the  first  of  October  following.  Si- 
milar assistance  was  granted  to  other  garrisons  on  the  frontiers. 

Tlie  expedition  against  Crown  Point,  which  had  been  planned 
during  the  spring  and  summer,  was  consummated  in  the  fall  of 
this  year.  The  unwearied  efibrts  of  General,  afterwards  Sir 
William  Johnson,  to  whom  the  command  had  been  given, 
though  attended  with  success,  were  not  rewarded  with  the  con- 
quest of  the  desired  station  ;  and  the  victory  of  the  8th  of  Sep- 
tember, which  defeated  the  Baron  Dieskau  and  his  French  and 
Indian  forces,  though  it  served  to  cheer  the  spirits  of  the  Eng- 


1755.]  THE    SUPPOKT   OF   FORT   DUMMER.  79 

lisli  ill  America,  was  purchased  by  tlie  loss  of  some  of  the  best 
men  in  the  colonies.  Of  this  number  was  Col.  Ephraim  Wil- 
liams, who  was  shot  through  the  head  as  he  was  leading  on  his 
regiment  in  the  conflict.  His  death  was  universally  regretted 
by  his  countrymen.  His  exertions,  during  a  service  of  many 
years  on  the  frontier,  had  won  him  the  esteem  and  admiration 
which  is  due  to  virtue  and  valor ;  and  the  endowment  which  he 
made  by  his  will  for  establishing  the  college  which  bears  his 
name,  has  kej)t  his  memory  green  in  the  hearts  of  succeeding 
generations,  and  added  to  his  renowm  as  a  warrior  the  praises 
of  scholars  and  philanthropists.* 

As  has  been  previously  stated,  Fort  Dummer,  although  situ- 
ated without  the  borders  of  Massachusetts,  had  been  long  sup- 
ported by  that  province.  The  Board  of  Trade  had,  on  the  3d 
of  August,  1749,  declared  it  proper  and  just,  that  New  Hamp- 
shire should  reimburse  Massachusetts  for  its  maintenance  ;  yet 
no  attention  had  been  given  to  this  advice,  and  Massachusetts 
had  continued  as  before  to  support  a  garrison  at  that  station. 
In  order  to  obtain  payment  for  their  services,  the  Council  of 
Massachusetts,  "in  confidence  of  his  Majesty's  goodness  and 
justice,"  appointed  a  committee  on  the  29th  of  May,  1752,  con- 
sisting of  Samuel  Watts,  John  Wheelwright,  and  Thomas 
Plutchinson,  who,  with  a  committee  from  the  House,  were 
ordered  to  take  such  steps  as  they  should  deem  necessary  to 
accomplish  this  object.  On  the  4th  of  June,  a  few  days  after 
these  appointments  were  made,  the  Council,  by  the  advice  of 
their  committee,  directed  Josiah  Willard,  the  Secretary  of  the 
province,  to  write  to  Mr.  Bollan,  the  agent  for  Massachusetts  in 
England,  in  order  to  learn  what  course  should  be  pursued  with 
the  Board  of  Trade.  Letters  were  sent  on  the  25th,  but  no 
answer  being  received,  the  Secretary,  on  the  27th  of  December, 
1753,  again  wrote  for  instructions.  In  the  latter  communica- 
tion, he  stated  that  Massachusetts  had  defended  the  lands  west 
of  Connecticut  river,  for  one  hundred  years  past,  at  an  expense 
probably  of  £100,000  sterling ;  that  at  one  of  the  best  forts  in 
the  government,  standing  about  twenty-five  miles  east  of  Hud- 
son river,f  she  had  kept  a  garrison  of  forty  men  during  the  war, 
and  had  retained  men  in  pay  ever  since  the  peace ;  that  she 
had  been  long  expecting  a  reimbursement  of  the  charge  for 
supporting  Fort  Dummer,  and  defending  the  other  parts  of  the 

*  Hoyt'a  Indian  Wars,  pp.  271-282.  f  Fort  Massachusetts. 


80  HISTORY    OF   EASTERN   VERMONT.  [1755. 

frontier  of  "  what  is  now  called  Kew  Hampshire  ;"  and  that  the 
order  of  his  Majesty  in  Council  in  1744  was  conditional,  either 
that  Massachusetts  should  be  reimbursed  her  charges,  or  that 
the  fort  with  a  proper,  district  of  land  contiguous  should  be 
assigned  her.  Referring  more  particularly  to  that  order,  the 
Secretary  remarked  in  conclusion,  that  the  Fort  and  a  few 
miles  of  country  around  it,  so  far  from  being  an  adequate  com- 
pensation for  the  expense  the  province  had  incurred,  were  so 
much  the  contrary,  that  she  would  rather  esteem  them  a  bur- 
den, as  thereby  she  would  not  only  lose  all  the  past  expenses, 
but  be  subjected  also  to  a  constant  future  charge.  On  the  12th 
of  August,  1755,  the  subject  was  again  discussed  before  the 
Council  of  Massachusetts,  and  Thomas  Hutchinson  and  WilHam 
Brattle,  with  such  persons  as  the  House  might  add,  were 
chosen  "  to  prepare  the  draft  of  a  memorial  and  petition  to  his 
Majesty,  therein  giving  a  fuU  representation"  of  the  aifair,  and 
praying  for  a  speedy  reimbm'sement  of  the  charges  which  had 
been  paid  by  the  province.  Thus  did  Massachusetts  from 
year  to  year  repeat  her  attempts  to  obtain  what  was  due  her 
for  her  services  and  expenditures.  But  her  efforts  were  foiled 
by  the  vigilance  of  the  New  Hampshire  agents,  and  her  object 
rendered  more  and  more  unattainable  by  delay.* 

•  Various  MSS,    Mass.  Council  Records,  xxi.  316. 


CHAPTER  lY. 

THE   FRENCH   WAK.      TOWN   SETTLEMENTS. 

Command  of  Fort  Dummer  given  to  Xathan  AVillard — Complaint  against  him — 
Indians  in  ambusli — Attempt  to  construct  a  Military  road  from  Charlestown  to 
Crown  Point — Rangers  at  Hinsdale's  Fort — Capt.  Burk — Incursion  at  Charles- 
town — Capture  of  Mrs.  Moore  of  Brattleborough — Robert  Rogers,  the  dLstin- 
guished  Ranger — Events  at  the  close  of  the  French  war — Destruction  of  St- 
Francis — Sufferings  of  Rogers's  party  on  their  return — Land  route  from  Con- 
necticut River  to  Lake  Champlain — Conquest  of  Canada  by  the  English — 
Peace  restored — Grants  by  Governor  Benning  Wentworth — Westminster  char- 
ter renewed — Settlement  of  Towns  on  Connecticut  River — Putney — Halifax — 
Marlborough — Wilmington — New  Fane — Rockingham — Townsheud — Hinsdale. 

Although  hostilities  liad  been  continued  in  the  provinces 
during  the  year  1755,  war  was  not  formally  declai'ed  between 
England  and  France  until  the  beginning  of  the  year  1756. 
Several  exj^editions  were  partially  planned,  yet  little  was  done 
during  the  camj)aign  in  the  way  of  regular  warfare.  Means 
were  taken  as  in  former  years  to  defend  the  settlements  along 
the  Connecticut.  Small  forces  were  posted  by  Massachusetts 
at  Charlestown  and  on  Ashuelot  river  in  New  Hampshire,  also 
at  Xorthfield,  Greenfield,  Deerfield,  Fort  Massachusetts,  and  at 
the  stations  in  the  Massachusetts  cordon.  The  garrison  at  Fort 
Dummer  having  become  reduced  to  three  men,  Capt.  ISTathan 
"Willard,  who  was  stationed  at  that  post,  made  known  his  condi- 
tion to  the  Massachusetts  Legislature,  and  asked  for  aid.  By  a 
vote  of  the  House,  passed  April  8th,  nine  men  were  placed 
under  his  command,  and  an  allowance  was  made  for  their  sup- 
port from  the  funds  of  the  province.  Besides  the  garrison,  the 
fort  was  at  that  time  inhabited  by  several  families.  No  sooner 
had  WiUard  obtained  an  increase  of  his  force,  than  he  com- 
meuced  a  pitiful  persecution  against  these  families  whom  he 
had  been  appointed  to  protect.  Tliey,  unwilling  to  increase  the 
disturbance  by  resistance,  endured  his  conduct  in  silence  for  a 

6 


82  HISTORY   OF   EASTERN   VERMONT.  [1756, 

reasonable  time,  but  finding  that  he  was  not  inclined  to  change 
his  treatment  towards  them,  except  for  the  worse,  they,  on  the 
17th  of.  May,  memorialized  the  General  Court  of  Massachusetts, 
in  these  words : — 

"  The  command  being  given  to  Nathan  "Willard — we  will  a 
little  acquaint  your  honours  of  the  managements  and  carryings 
on  in  said  fort,  and  that  in  several  articles,  and, 

"  First ;  as  to  all  the  Willards'  swearing  against  the  province 
in  favour  of  New  Hampshire. 

"  Secondly ;  as  to  their  selling  the  province  stores,  both  of 
powder  and  lead  to  Hampshire  forts,  as  also  to  Hampshire 
soldiers. 

"  Tliirdly ;  as  to  the  province  guns  lying  about  in  y®  said 
foil,  the  locks  in  one  place  and  the  barrels  in  another,  and  two 
or  three  of  them  that  are  half  eat  up  with  rust. 

"  And  as  your  honours  have  been  pleased  to  allow  nine  men 
to  that  fort  until  y®  10th  day  of  next  June,  under  the  comand 
of  Captain  Nathan  Willard,  he  has  put  in  Oliver  Willard, 
Wilder  Willard,  William  Willard,  and  as  there  are  four  large 
Province  Houses  in  y®  fort,  these  four  Willards  have  each  of 
them  an  house. 

"  And  as  Capt.  Nathan  Willard  has  a  large  province  house 
to  himself,  and  has  turned  all  the  rest  of  the  families  into  two 
small  rooms,  in  which  families  are  five  soldiers  ; — for  by  repair- 
ing the  province  houses  a  little,  makes  them  their  own. 

"  And  as  there  are  four  acres  of  land  allowed  in  y®  Hamp- 
shire charter  for  the  benefit  of  y®  said  fort,  they  keep  all  the  land 
to  themselves,  and  will  allow  but  a  small  garden  spot  to  the 
rest  of  the  soldiers, — as  their  treatment  is  so  hard  of  y®  soldiers, 
and  y®  distressed  inhabitants  who  are  obliged  to  flee  thither  for 
shelter  in  these  distressing  times,  with  us,  we  have  thought  fit 
to  make  y^  above  representation  of  facts,  which  we  are  ready 
to  prove  true. 

"  Our  distresses  are  great  for  which  we  begg  your  honours 
compassionate  consideration,  and  relief,  and  as  in  duty  bound 
shall  ever  pray."* 

There  is  no  doubt  that  this  jDctition  was  answered  to  the 
satisfaction  of  those  who  presented  it,  for  Massachusetts  was  ever 

*  This  memorial  was  signed  by  Capt.  Fairbank  Moore,  Benjamin  Moore,  Fair- 
bank  Moore  Jun.,  Robert  Cooper,  Anson  Cooper,  John  Kathau,  John  Kathan 
Jun.,  Daniel  Shattuck,  Daniel  Shattuck  Jun.,  Joshua  Cooper,  Gideon  Shattuck 
MSS.  in  ofBce  Sec.  State,  Mass.,  Ixxv.  547 


1756.]  CONTINUED   ASSAULTS   OF   TUE   INDIANS.  83 

generous  in  defending  not  only  her  own  frontiers,  but  those  of 
other  provinces  ;  and  at  this  period  especially,  the  fear  of  exter- 
nal foes  admitted  not  the  toleration  of  any  internal  enmities  or 
jealousies. 

The  necessity  of  preparation  was  soon  after  made  evident  by 
the  commencement  of  the  annual  incursions  of  the  Indians. 
In  June  they  took  Josiah  Foster  with  his  wife  and  two  children 
from  Winchester,  New  Hampshire,  and  not  many  days  after, 
Lieut.  Moses  Willard  was  killed,  and  his  son  wounded  near  the 
fort  of  Charlestown.  During  the  summer  several  acts  of  hosti- 
lity were  committed  in  the  neighborhood  of  Fort  Massachusetts, 
and  in  the  majority  of  cases,  the  plans  of  the  Indians  w^ere 
attended  with  success.  At  a  place  called  the  Country  farms  in 
the  north  part  of  Greenfield,  they  attacked  a  party  of  five  men 
on  the  12th  of  August,  while  at  labor.  Of  these  only  one 
escaped,  two  of  the  others  being  killed,  and  two  captured.* 
On  the  20th  of  the  same  month,  as  Zebulon  Stebbins  of  Hins- 
dale, and  Reuben  Wright  were  returning  from  Northfield  on 
horseback,  they  discovered  a  party  of  Indians  in  ambush,  who 
fired  on  them,  and  wounded  Wright.  The  two  men  then  re- 
treated some  distance,  but  the  Lidians  still  pressing  on,  Steb- 
bins turned  upon  them,  received  their  fire,  and  returning  it 
wounded  one  of  them.  This  checked  their  pursuit,  and  enabled 
both  Wright  and  Stebbins  to  make  thfeir  escape.  A  good  result 
was  eff'ected  by  this  event,  as  it  placed  the  people  in  the 
vicinity  on  their  guard,  and  prevented  the  capture  of  several 
persons  for  whom  the  Indians  were  lying  in  wait.  Many 
depredations  were  committed  in  the  frontier  towns  before  the 
close  of  the  season,  and  the  inhabitants  of  those  places  most 
exposed,  were  kept  in  a  state  of  continual  alarm  by  the  reports 
of  Indian  vindictiveness  and  cruelty,  which  were  constantly 
saluting  their  ears,  aud  which  in  some  instances  were  corrobo- 
rated by  the  scenes  they  had  witnessed. 

Early  in  the  spring  of  this  year,  the  government  of  Massa- 
chusetts had  been  engaged  in  discussing  the  feasibility  of  con- 
structing a  road  between  a  point  on  the  right  bank  of  Connecti- 
cut river,  opposite  Charlestown,  and  a  point  on  the  right  bank 
of  Lake  Champlain  opposite  Crown  Point,  for  the  purpose  of 
facilitating  military  operations  in  that  quarter.     As  the  result 

*  A  detailed  account  of  this  event  and  of  others  siinilar  is  given  in  Hoyt's 
Indian  Wars,  pp.  284,  285. 


84  HISTORY    OF    EASTERN    YEKMONT.  [1756. 

of  these  deliberations,  the  following  Yote  was  passed  in  the 
House  of  Representatives  on  the  10th  of  March,  and  met  with 
the  approbation  of  the  Governor  and  Conncil.  "  Whereas  it  is 
of  great  importance  that  a  thorough  knowledge  be  had  of  the 
distance  and  practicability  of  a  communication  between  Num- 
ber Four  on  Connecticut  river  and  Crown  Point ;  and  that  the 
course  down  Otter  creek  to  Lake  Champlain  should  be  known 
— therefore  voted,  that  his  Excellency  the  Governor  be,  and  he 
is  hereby  desired  as  soon  as  may  be,  to  appoint  fourteen  men 
upon  this  service,  seven  of  them  to  go  from  said  Number  Fom*, 
the  directest  course  to  Crown  Point,  to  measure  the  distance, 
and  gain  what  knowledge  they  can  of  the  country ;  and  the 
other  seven  to  go  from  said  Number  Four,  to  Otter  creek  afore- 
said, and  down  said  creek  to  Lake  Champlain,  observing  the 
true  course  of  said  creek,  its  depth  of  water,  what  falls  there  are 
in  it,  and  also  the  nature  of  the  soil  on  each  side  thereof,  and  what 
growth  of  woods  is  near  it.  Each  party  of  said  men  to  keep 
a  journal  of  their  proceedings  and  observations,  and  lay  the 
same,  on  their  return,  before  this  Court.  They  to  observe  all 
such  directions  as  they  may  receive  from  his  Excellency.  One 
man  in  each  party  to  be  a  skillful  surveyor,  and  the  persons 
employed,  shall  have  a  reasonable  allowance  made  them  by 
the  Court  for  their  services." 

A  plan  was  also  proposed  during  the  summer  for  building  a 
strong  fort  on  the  high  lands,  between  the  soui'ces  of  Black 
river  and  Otter  creek.  A  military  post  at  that  place  was  deemed 
important,  as  it  would  afford  an  opportunity  of  hindering  the 
enemy  in  their  advances  from  Lake  Champlain,  facilitate  ope- 
rations against  them  at  Ticonderoga  and  Crown  Point,  and 
afford  a  convenient  station  for  scouting  parties  from  Connecti- 
cut river. 

The  route  which  had  engaged  the  attention  of  the  govern- 
ment of  Massachusetts,  had  not  escaped  the  notice  of  Lord 
Loudon,  the  commander-in-chief  of  the  English  forces,  who  also 
desired  that  it  might  be  carefully  surveyed  and  marked,  and 
the  result  reported  to  him.  Col.  Israel  "WiUiams,  upon  this 
request,  drew  up  a  topographical  sketch  and  description  of  the 
country,  compiled  from  the  journals  and  notations  of  ofhcers 
who  had  traversed  it  at  the  head  of  scouting  parties.  This 
survey  he  communicated  to  his  lordship.  In  order  to  carry  out 
the  provisions  of  the  General  Court,  Williams  was  furtlier 
directed  to  make  a  more  accurate  examination  of  the  country 


ll'jo,  175(.]  burk's  rangers.  85 

with  tlie  assistance  previously  voted,  and  to  give  such  additional 
inturmation  as  might  seem  to  him  necessary.  Owing  to  the 
number  and  hostility  of  the  Indians  in  that  region,  the  attempt 
proved  too  hazardous  for  accomplishment.  Surveys  were,  how- 
ever, made  as  far  as  the  height  of  land,  but  the  construction  of 
the  road,  and  the  design  of  building  a  fort  at  a  point  so  remote 
and  so  little  known,  was  abandoned.* 

Massachusetts  had  learned  that  her  best  policy  was  to  raise 
the  usual  forces  at  the  commencement  of  the  year,  without 
waiting  the  requests  of  defenceless  towns  and  almost  abandoned 
garrisons.  Such  was  the  course  she  -pursued  in  the  year  1757. 
In  addition  to  the  garrison  troops,  "  one  hundred  men  were 
employed  on  the  eastern  frontier,  and  forty-five  imder  a  ca^^tain 
and  lieutenant,  on  the  west  side  of  Connecticut  river,  to  range 
the  woods  north  of  FaUtown."  The  latter  company — known 
as  Rangers — under  the  command  of  Cajit.  John  Burk,f  were 
stationed  at  Hinsdale's  fort,  on  the  east  bank  of  the  Connecticut. 
During  the  month  of  March  they  made  frecpient  marches 
through  the  neighboring  country  for  the  purpose  of  discovering 
concealed  Indians.  Their  course  was  sometimes  along  the 
main  stream  of  West  river,  and  again  by  its  south  or  west 
branches.  Not  unfrequently  they  ascended  to  the  top  of  West 
river  mountain,  there  to  watch  for  the  smoke  of  the  enemy's 
camp  fires.  Orders  were  given  to  the  Commissary  General  to 
provide  these  scouting  parties  with  snow-shoes  and  moccasins, 
the  better  to  enable  them  to  perform  their  toilsome  labor. 

The  most  important  incm-sion  of  the  enemy  on  the  western 
frontier  dm-ing  the  year,  was  made  at  Charlestown  in  the  spring. 
A  body  of  French  and  Indians  attacked  the  mills  in  that  place, 
and  captured  Samson  Colefax,  David  Farnsworth,  and  Thomas 
Adams.  The  alarm  having  been  given  by  the  firing,  the 
inhabitants  repaired  to  the  mills,  but  finding  the  enemy  too 
numerous  for  them,  retreated  without  venturing  a  blow.     The 

*  Hoyfs  Indian  Wars,  pp.  286,  287.     Mass.  Court  Records. 

f  Captain  Burk  was  present  at  the  siege  of  Fort  William  Henry  in  Angust, 
1T57,  and  belonged  to  the  Massachusetts  regiment,  commanded  by  Col.  Frye. 
After  the  capitulation,  "  he  was  seized,  and  after  a  violent  struggle,  was  stripped 
of  the  whole  of  his  clothes,  and  afterwards  escaped  into  the  woods.  Straying  in 
varioiis  directions,  he  was  overtaken  by  darkness  in  the  margin  of  a  morass,  and, 
unable  to  direct  his  course,  lay  down  in  the  thick  grjiss  and  passed  the  night, 
covered  only  by  the  damp  vapor,  of  the  swamp.  The  next  day  he  renewed  his 
march,  and  fortunately  arrived  safely  at  Foi-t  Edward." — Iloyt's  Indian  Wars,  p. 
292. 


86  HI8T0KY   OF   EASTERN   VERMONT.  [1758. 

enemy  tlien  burned  the  mills  and  departed,  taking  with  them, 
in  addition  to  the  other  prisoners,  Thomas  Bobbins  and  Asa 
Spaiford,  whom  they  met  returning  from  hunting.  Farnsworth 
and  Robbins,  after  being  in  Canada  some  time,  returned  ;  the 
others  died  there.  About  the  same  period,  a  man  was  wounded 
near  Rice's  Fort,  in  Charlemont.  With  these  exceptions,  the 
frontiers  remained  in  comparative  quiet.  But  the  Englisli  were, 
nevertheless,  suffering  in  another  quarter,  for  the  surrendry  of 
Fort  William  Henry  to  the  French — that  deadly  and  decisive 
blow  of  the  campaign — afforded  them  a  melancholy  subject  of 
contemplation.  For  many  years,  scarcely  able  to  maintain 
what  was  deemed  justly  their  own,  they,  by  this  event,  lost  one 
of  their  most  important  posts,  and  the  flower  of  their  soldiery.* 
At  the  beginning  of  the  year  1758,  the  British  government, 
in  order  to  repair  the  disasters  of  the  preceding  campaign, 
determined  to  employ  a  formidable  force  against  the  French, 
both  by  sea  and  land.  The  provinces  of  Massachusetts,  Con- 
necticut, and  Kew  Hampshire,  voted  levies  to  the  number  of 
fifteen  thousand  men  ;  and  this  army,  increased  by  a  fleet  and 
a  large  land  force  from  England,  aroused  the  spirits  of  the 
colonists,  by  the  confidence  which  power  and  skill  inspire,  and 
awakened  within  their  breasts  the  expectation  of  success.  For 
the  defence  of  her  own  frontiers,  Massachusetts  made  the  usual 
provision,  while  Kew  Hampshire,  changing  the  method  upon 
which  she  had  so  long  acted,  voted  men  and  supplies  for  the 
protection  of  the  forts  within  her  own  boundaries,  which  had 
before  been  maintained  by  the  magnanimity  of  the  Bay  Pro- 
vince. The  incursions  on  the  frontiers  were  not  so  frequent  this 
year  as  on  former  occasions,  but  commenced  early  in  the  season* 
At  midnight,  on  the  6th  of  March,  a  party  of  Indians  attacked 
the  house  of  Capt.  Fairbank  Moore,  situated  on  West  river, 
in  the  townshij)  of  Brattleborough.  Having  surrounded  the 
building,  they  burst  in  the  door,  and  killed  and  scalped  Capt. 
Moore  and  his  son,  bnt  not  until  one  of  their  number  had  been 
slain,  and  several  wounded.  Mrs.  Moore,  the  wife  of  the  son, 
and  the  mother  of  four  children,  the  youngest  of  whom  was 
but  three  or  four  weeks  old,  aroused  by  the  yells  of  the  savages, 
and  scarcely  knowing  what  she  did,  sprang  from  the  bed,  and 

*  Accounts  of  the  capture  of  Fort  William  Henry  by  the  French,  are  given  in 
Hutchinson's  Hist.  Mass.  Bay,  i.  315;  Williams's  Hist.  Vt.,  i.  37G-401 ;  Life  of 
Putnam  in  Humphrey's  Works,  pp.  250-2f56  ;  Carver's  Travels,  pp.  181-186; 
Hoyt's  Indian  Wars,  pp.  288-295 ;  Belknap's  Hist.  N.  H.,  ii.  298-300. 


175S.]  CAPTIYITT    OF   MKS.    MOORE.  87 

hastily  drew  on  three  pairs  of  Capt.  Moore's  long  stockings, 
which  in  the  event  were  the  means  of  preserving  her  life. 
Snatching  up  the  baby,  and  the  child  next  in  age,  she  endea- 
vored to  escape,  she  knew  not  whither,  by  taking  a  sled-path 
in  which  her  husband,  had  been  drawing  wood  the  day  before. 
She  had  gone  but  a  short  distance,  when  the  Indians  overtook 
her  and  brought  her  back.  Tliey  then  searched  for  portable 
provisions,  and  having  found  a  quantity  of  beans,  mixed  them 
with  about  twenty  pounds  of  tallow,  and  boiled  them  in  it. 
This  compound  being  cooled,  was  put  in  sacks,  and  served  them 
for  food  on  the  road.  Mrs.  Moore  was  then  provided  with 
snow-shoes,  her  babe  was  committed  to  her  own  care,  the  house 
was  burned,  and  the  party  set  out  on  their  long  march,  the 
children  being  led  or  carried  by  the  Indians.  They  reached 
Fort  Ticonderoga  in  safety,  on  the  tenth  day  after  their  depart- 
ure, having  crossed  the  Green  Mountains  in  the  most  inclement 
season  of  the  year.  Tlience  Mrs.  Moore  and  her  children  were 
taken  to  Montreal,  where  they  remained  in  captivity  until  the 
year  1762,  when  they  were  all  redeemed,  and  retm-ned  to  their 
friends.* 

On  the  20th  of  the  same  month,  the  enemy  appeared  at  Col- 
rain,  wounded  John  Morrison  and  John  Henry,  burned  a  barn, 
and  killed  several  cattle.  In  the  following  September,  Major 
Bellows  discovered  a  party  of  Indians  numbering  about  two 
hundred  crossing  Connecticut  river  above  Brattleborough,  and 
advancing  towards  Ashuelot.  No  incursions  were  made  at  this 
time  in  the  immediate  vicinity  ;  but  soon  after  Asahel  Stebbins 
was  killed  at  Charlestown,  his  wife  and  Isaac  Parker,  a  soldier, 
taken  captive,  and  a  number  of  cattle  feeding  in  the  adjacent 
woods,  slaughtered. 

*  Hoyt  notices  this  transaction  as  having  occurred  in  the  month  of  September ; 
another  account  says  February.  Iloyt  locates  Mr.  Moore's  residence  in  Hinsdale; 
another  account  near  Fort  Dummer.  Tlie  relation  given  in  the  text  is,  however, 
believed  to  be  correct.  The  farm  on  which  Mr.  Moore  lived,  is  now  occupied  by 
Is'ewman  Allen,  Esq.  To  an  account  of  this  transaction,  which  appeared  in  the 
columns  of  the  Vermont  Phoenix  in  the  year  1849,  is  appended  the  following 
note:  "Mr.  Moore  and  his  son,  alluded  to  above  as  having  fallen  victims  to  the 
Indians,  are  supposed  to  have  been  buried  near  the  side  of  their  log-house  which 
was  biirnt.  On  Monday  last,  bones  believed  to  have  been  theirs  were  found  in 
Mr.  Allen's  barn-yard,  covered  with  about  one  foot  of  earth  and  a  board  over, 
but  apparently  with  no  coffin  or  box  around  them.  One  of  the  skulls  contained 
an  ounce  bullet,  which  was  undoubtedly  the  cause  of  death." 
Mrs.  Moore  was  a  daughter  of  Capt.  John  Kathan  of  Putney 
Consult  Belknap's  Hist  N.  H.,  ii.  302.     Hoyt's  Indian  Wars,  p.  296. 


88  HISTORY    OF   EASTERN    VERMONT.  [1758,  1759. 

In  regard  to  the  operations  of  the  English  on  Lake  Champlain, 
great  had  been  the  anticipations  of  success  at  the  opening  of 
this  campaign.  The  result,  however,  not  only  feU  far  short  of 
what  had  been  deemed  as  almost  certain,  but  for  a  time  brought 
disgrace  and  ridicule  on  the  soldiers  and  generals  of  the  Crown. 
Abercrombie  was  defeated  at  Ticonderoga  by  a  force  far  his 
inferior,  and  it  was  only  the  opportune  victories  of  Amherst  at 
Louisburg,  Bradstreet  at  Fort  Frontenac,  and  Forbes  at  Fort  du 
Quesne  on  the  Ohio,  which  availed  to  restore  in  the  provinces 
that  contidence,  which,  in  the  spring,  had  looked  forward  to  the 
defeat  of  the  French,  as  an  event  hardly  admitting  of  a  doubt. 

On  their  own  frontiers,  the  governments  of  Massachusetts  and 
New"  Hampshire  still  retained  in  their  employ  the  scouting  par- 
ties which  had  so  long  been  the  defence  of  those  provinces.  Al- 
though the  ranging  service  brought  not  the  honor  acquired  in  a 
regular  or  provincial  corps,  yet  it  was  in  this  service  that  Eobert 
Rogers,  the  most  celebrated  of  rangers,  learned  the  details  and 
minutiae  of  Indian  warfare  which  enabled  him  to  conduct  the 
expedition  against  the  village  of  St.  Francis,  in  the  following 
year,  with  the  most  triumphant  success  ;  it  was  in  this  service 
that  the  mind  of  John  Stark  received  its  lessons  of  brave  sol- 
diery and  heroic  daring,  and  his  arm  gained  that  strength  which, 
during  the  Kevolution,  was  so  manfully  exerted  in  defence  of 
the  liberties  of  his  country  on  the  field  of  Bennington. 

Although  it  was  confidently  hoped,  at  the  beginning  of  the 
year  1759,  that  the  western  frontiers  would  be  relieved  from  the 
depredations  of  the  Indians  by  the  prowess  of  the  English,  the 
theatre  of  whose  exploits  was  to  be  in  Canada  and  along  the 
borders  of  Lake  Champlain,  stiU  Massachusetts,  early  in  the 
year,  voted  supplies  for  the  defence  of  her  settlements.  Her 
ranging  parties,  and  those  of  ISTew  Hampshire,  were  soon  climb- 
ing the  mountain,  fording  the  stream,  and  threading  the  valley, 
in  search,  not  of  deer  or  wild  fowl,  but  of  the  human  denizens 
of  the  forest.  On  the  21  st  of  March,  the  Indians  appeared  at 
Colrain,  and  captured  John  McCoun  and  his  wife.  The  latter 
was  sacrificed  to  the  cruelty  of  her  captors  on  the  second  day's 
march.  A  party  of  militia,  led  by  Major  Hawley  of  Northamp- 
ton, started  in  pursuit,  but  the  enemy  were  soon  at  a  safe  dis- 
tance, and  the  troops  proceeded  no  further  than  Greenfield. 

An  attempt  was  soon  after  made  to  centralize  the  regular 
forces.  A  company  of  one  hundred  regulars,  that  had  been 
stationed  at  Charlestown  during  the  preceding  winter,  were  re- 


1759.]  LETTER   FKOM   2IAJ0K    EOGEES.  89 

moved  tlience  to  the  army  assembled  on  the  Hudson ;  but  their 
places  were,  on  the  4th  of  May,  filled  by  the  same  number  of 
provincials  taken  from  the  regiment  of  Col.  Israel  Williams,  in 
the  county  of  Hampshire. 

Tlie  evacuation  of  Ticonderoga  and  Crown  Point  by  the 
French,  which  relieved  the  western  frontiers  of  Massachusetts 
and  ]^ew  Hampshire  from  the  depredations  of  the  Lidians  to 
which  they  had  been  for  years  exposed,  spread  j  oy  throughout  the 
provinces ;  and  the  destruction  by  Major  Kogers,  on  the  5th  of 
October,  of  the  village  of  St.  Francis,  situated  at  the  head  of 
the  river  of  the  same  name,  completed  what  had  long  been  the 
ardent  wish  of  the  English,  and  to  the  accom]3lisliment  of  which 
their  efforts  had  been  earnestly  directed.  To  these  victories, 
the  surrendry  of  Quebec  and  Niagara  added,  made  this  the 
most  glorious  campaign  ever  conducted  by  the  English  on  the 
shores  of  America. 

After  the  destruction  of  the  village  of  St.  Francis,*  Eogers, 
to  avoid  his  pm-suers,  determined  to  return  to  Crown  Point  by 
the  way  of  Number  Four  or  Charlestown.  Having  reached 
Lake  Memphramagog,  and  provisions  becoming  scarce,  he 
divided  his  detachment  into  small  companies ;  and  having  or- 
dered them  all  to  assemble  at  the  mouth  of  the  Upper  Amo- 
noosuck  river,  where  he  expected  to  find  food,  sent  them  on  their 
march.  After  a  journey  of  several  days,  he  and  his  party  reach- 
ed the  point  of  meeting  which  had  been  agreed  on.  "  It  is 
hardly  possible,"  wi-ote  he  to  Gen.  Jeffrey  Amherst,  "  to  de- 
scribe the  grief  and  consternation  of  those  of  us  who  came  to  Co- 
hasse  Intervales.  Upon  our  arrival  there,  after  so  many  days' 
tedious  march  over  steep  rocky  mountains,  or  through  wet,  dirty 
swamps,  with  the  terrible  attendants  of  fatigue  and  hunger,  we 
found  that  here  was  no  relief  for  us,  where  we  had  encouraged 
ourselves  that  we  should  find  it,  and  have  our  distresses  allevi- 
ated. jSTotwithstandiiig,  the  oflicer  I  dispatched  to  the  General, 
discharged  his  trust  with  great  expedition,  and  in  nine  days  ar- 
rived at  Crown  Point,  which  was  an  hundred  miles  through  the 
woods  ;  and  the  General,  without  delay,  sent  Lieut.  Stephens  to 
Number  Four  with  orders  to  take  provisions  up  the  river  to  the 
place  I  had  appointed,  and  there  wait  as  long  as  there  was  any 
hopes  of  my  returning,  yet,  the  ofiicer  that  was  sent  being  an 
indolent  fellow,  tarried  at  the  place  but  two  days  when  he  re- 

*  An  account  of  this  event  may  be  found  in  Hoyt's  Indian  Wars,  pp.  802-306. 
Belknap's  Hist.  N.  H.,  ii  302-305.     Williams's  Hist.  Vt.,  L  428-433. 


90  HISTORY    OF    EASTERN    VERMONT.  [1759. 

turned,  taking  all  the  provisions  back  with  him  about  two  hours 
before  our  arrival.  Finding  a  fresh  fire  burning  in  his  camp,  I 
fired  guns  to  bring  him  back,  which  guns  he  heard,  but  would 
not  return,  supposing  we  were  an  enemy. 

"  Our  distress  upon  this  occasion  was  truly  inexpressible.  Our 
spirits,  greatly  depressed  by  the  hunger  and  fatigues  we  had 
already  sufiered,  now  almost  entirely  sunk  within  us,  seeing  no 
resource  left,  nor  any  reasonable  ground  to  hope  that  we  should 
escape  a  most  miserable  death  by  famine.  At  length  I  came  to  a 
resolution  to  push  as  fast  as  possible  towards  Number  Four,  leav- 
ing the  remains  of  my  party,  now  unable  to  march  further,  to  get 
such  wretched  subsistence  as  the  barren  wilderness  could  afiord,* 
till  I  could  get  relief  to  them,  which  I  engaged  to  do  within  ten 
days.  I,  with  Capt.  Ogden,  one  Ranger,  and  a  captive  Indian 
boy,  embarked  upon  a  raft  we  had  made  of  dry  pine  trees.  The 
current  carried  us  down  the  stream  in  the  middle  of  the  river, 
where  we  endeavoured  to  keep  our  wretched  vessel,  by  such  pad- 
dles as  we  had  made  out  of  small  trees,  or  spires  split  and  hewed. 
The  second  day  we  reached  White  River  Falls,  and  very  nar- 
rowly escaped  being  carried  over  them  by  the  current.  Our 
little  remains  of  strength,  however,  enabled  us  to  land,  and  to 
march  by  them.  At  the  bottom  of  these  falls,  while  Capt. 
Ogden  and  the  Ranger  hunted  for  red  squirrels  for  a  refresh- 
ment, who  had  the  good  fortune,  likewise,  to  kill  a  partridge,  I 
attempted  the  forming  of  a  new  raft  for  our  further  conveyance. 
Being  unable  to  cut  down  trees,  I  burnt  them  down,  and  then 
burnt  them  off  at  proper  lengths.  This  was  our  third  day's 
work  after  leaving  our  companions.  The  next  day  we  got  our 
materials  together,  and  completed  our  raft,  and  floated  with  the 
stream  again  till  we  came  to  "Wattockquitcheyf  Falls,  which  are 
about  fifty  yards  in  length.  Here  we  landed,  and  by  a  weathij: 
made  of  hazel  bushes,  Capt.  Ogden  held  the  raft  till  I  went  to 
the  bottom,  prepared  to  swim  and  board  it  when  it  came  down, 
and,  if  possible,  paddle  it  ashore,  this  being  our  only  resource  for 
life,  as  we  were  not  able  to  make  a  third  raft  in  case  we  had 
lost  this.  I  had  the  good  fortune  to  succeed,  and  the  next  morn- 
ing we  embarked,  and  floated  down  the  stream  to  within  a  small 
distance  of  Number  Four,  where  we  found  some  men  cutting 

*  Note  by  Major  Rogers:  "Tliis  was  ground  nuts  and  lily  roots,  ■which,  being 
cleaned  and  boiled,  will  serve  to  preserve  life,  and  the  use  and  method  of  prepar- 
ing which,  I  taught  to  Lieut.  Grant,  the  commander  of  the  party." 

f  Otta  Quechee.  X  "Withe. 


1759,  1760.]  GENERAL   AMIIEESt's    PLANS.  91 

timber,  who  gave  us  the  first  relief,  and  assisted  us  to  the  fort, 
whence  I  dispatclied  a  canoe  with  provisions,  which  reached 
the  men  at  Cohasse  four  days  after,  which,  agreeable  to  my  en- 
gagement, was  the  tenth  day  after  I  left  them. 

"Two  days  after  my  arrival  at  Number  Four,  I  went  with 
other  canoes,  loaded  with  provisions,  up  the  river  myself,  for 
the  relief  of  others  of  my  party,  that  might  be  coming  on  that 
way,  having  hired  some  of  the  inhabitants  to  assist  me  in  this  affair. 
I  likewise  sent  expresses  to  Suncook  and  Pennacook,*  upon  Mer- 
rimack river,  that  any  who  should  chance  to  straggle  that  way 
might  be  assisted;  and  provisions  were  sent  up  said  rivers 
accordingly,  "f 

Having  returned  from  his  expedition  up  the  river,  Maj  or  Rogers 
waited  for  his  men  at  Number  Four,  and  having  collected  a  part 
of  his  force,  marched  for  Crown  Point.  On  reaching  that  station, 
on  the  1st  of  December,  he  found  that  he  had  lost  by  exposure 
and  in  other  ways  since  leaving  the  ruins  of  St.  Francis,  three 
lieutenants  and  forty-six  sergeants  and  privates. 

General  Amherst,  the  English  commander,  having  informed 
Governor  Pownal  of  Massachusetts,  that  his  operations  would 
eflfectually  protect  the  frontiers  from  further  incursions  of  the 
enemy,  Col.  Israel  Williams,  by  the  governor's  orders,  in  the 
month  of  October,  discharged  the  smaller  garrisons  along  the 
Massachusetts  cordon,  and  on  the  Connecticut  river.  The 
troops  at  Charlestown  having  gone  with  General  Amherst, 
that  post,  not  being  deemed  liable  to  an  attack,  was  left  unde- 
fended. Forts  Dummer  and  Massachusetts,  and  the  post  at 
"West  Hoosac,  were  the  only  stations  on  the  north-west  frontiers 
of  the  province  where  garrisons  were  retained.:}: 

Although  tlie  strength  of  the  French  in  Canada  had  been 
broken,  yet  the  remainder  of  the  season  was  too  short  to  efifect 
the  total  subjugation  of  that  province.  In  the  sunnner  of  1760, 
General  Amherst,  in  order  to  bring  about  this  result  at  one 
blow,  laid  his  plans  for  approaching  Montreal  by  three  differ- 
ent routes.  The  men  under  the  command  of  Col.  John  Goffe, 
who  had  been  raised  in  New  Hampshire  for  the  service  of  this 
year,  having  met  at  Charlestown,  instead  of  being  ordered  to 
Crown  Point  by  the  way  of  Albany,  were  commanded  to  cut 

*  Now  Pembroke  and  Concord. 

f  Letter  to  General  Jeffrey  Amherst,  November  5th,  1759,  in  Journals  of  Major 
Robert  Rogers;  London,  1765,  pp.  146-168. 
X  Hoyfs  Indian  AVars,  p.  307. 


92  DISTORT    OF   EASTERN    VERMONT.  [1760. 

a  road  across  the  present  state  of  Yermont,  tlius  opening  a 
direct  communication  hj  land  between  Connecticut  river  and 
Lake  Cliamplain.  The  road  began  at  Wentworth's  Ferry,  two 
miles  above  the  Fort  at  Charlestown,  and  was  laid  out  twenty- 
six  miles  in  the  course  of  Black  river,  as  far  as  the  present 
town  of  Ludlow,  where  commenced  a  path  which  had  been 
made  the  year  before  by  Lieut.-Col.  Hawks.*  Li  this  they 
passed  over  the  mountains  to  Otter  creek,  thence  along  the 
borders  of  that  stream  in  a  good  road  previously  constructed, 
to  Crown  Point.  Their  stores  and  baggage  were  conveyed  in 
wagons  the  first  twenty-six  miles  of  the  route,  and  from  the  point 
where  the  wagon-road  ended,  on  pack-horses,  across  the  moun- 
tains to  the  place  of  destination.  By  the  same  course,  a  drove 
of  cattle  for  the  supply  of  the  army,  were  removed  from  Charles- 
town  to  Crown  Point,  during  the  campaign.  While  the  ISTew 
Hampshire  regiment  were  engaged  in  cutting  the  road,  the  trails 
of  Lidians  were  occasionally  seen  in  the  adjacent  woods,  but  no 
hostilities  followed.  The  last  incursion  of  the  Indians  on  the  fron- 
tiers of  New  England  during  the  war  was  at  Charlestown,  whence 
the  family  of  Joseph  Willard  were  taken  and  carried  toMontreal, 
a  short  time  previous  to  its  investment  by  the  English. 

Affairs  in  the  colonies  began  now  to  wear  a  more  cheerful 
aspect.  The  Marquis  de  Vaudreuil,  Governor  of  Canada, 
finding  it  impossible  to  resist  the  combined  forces  of  Generals 
Amherst  and  Murray,  and  of  Col.  Haviland,  offered  to  capitu- 
late, and  the  whole  province  of  Canada,  on  the  8th  of  Septem- 
ber, became  the  possessions  of  Great  Britain.  Thus  ended  the 
war  in  America,  and  for  the  first  time  since  the  year  1689, 
when  "  King  William's  war,"  as  it  was  called,  began,  was  there 
a  prospect  that  peace  would  be  long  in  its  duration  and  pro- 
tective in  its  character.  Those  who  had  deserted  their  settle- 
ments at  the  breaking  out  of  the  war,  now  returned  to  them, 
and  fields  which  had  for  a  long  time  lain  uncultivated,  began 
once  more  to  wave  with  luxuriant  harvests. f 

The  fort  on  the  Great  Meadow,  which  had  been  rebuilt 
in  the  year  1755,  and  which  had  been  occupied  as  such,  since 

*  In  the  "  Memoir  of  General  Stark,"  Concord,  1831,  p.  180,  it  is  said,  tliat  in 
the  spring  of  the  year  1759,  Cai)t.  Jolin  Stark  "was  employed  witli  two  hundred 
Pvangers  in  cutting  a  road  from  Tieonderoga  to  Charlestown,  N.  II."  It  is  Y>vo- 
bable  that  Hawks  and  Stark  were  employed  ou  different  portions  of  the  same 
general  route. 

\  Belknap's  Hist.  N.  11.,  ii.  306,  30*7. 


1750-1 7 TO.]       GRANTS    BY    GOVEENOE   WENTWOKTH.  93 

that  period,  was  uow  turned  into  a  dwelling,  as  were  other 
posts  in  the  vicinity,  similarly  constructed  ;  but  the  defences 
being  allowed  to  remain,  these  buildings  were  easily  convertible 
to  their  original  use.  Nor  were  precautions  of  this  nature 
entu'ely  useless.  Although  the  enemy  did  not  again  appear 
in  any  considerable  force,  yet  during  the  two  or  thi'ee  following 
years  the  settlers  were  occasionally  alarmed  by  reports  of  their 
proximity,  and  found  protection  from  danger,  sometimes,  it  is 
true,  more  imaginary  than  real,  in  their  old  fortifications. 

Governor  Wentworth,  who,  on  the  3d  of  January,  1749,  had 
chartered  the  township  of  Bennington,  and  from  that  time  until 
the  6th  of  April,  1751:,  had  made  grants  of  fourteen  other  to"svn- 
ships  within  the  present  limits  of  Vermont,  now  commenced  a 
course  similar  but  more  extensive,  by  granting  the  township 
of  Pownal,  on  the  8th  of  January,  1760.  Before  the  close  of 
the  year  1764,  so  actively  had  he  been  engaged  in  prosecuting 
his  designs,  that  he  had  named  and  sold  one  hundred  and  eight- 
een townships,  and  had  given  fourteen  thousand  acres  o-f  land 
to  reduced  officers.  This  territory  included  the  richest  and 
most  valuable  portions  of  the  land  over  which  New  Hamp- 
shire claimed  jurisdiction,  and  left  but  little  of  it  ungranted. 
The  governor's  official  fees,  and  a  reservation  in  every  to\vn- 
ship  of  a  certain  portion  of  land  for  his  own  use  and  benefit, 
made  him  one  of  the  richest  men  in  his  own  province,  and  put 
him  in  possession  of  an  abundance  of  good  land,  for  which  he 
rendered  no  compensation. 

For  the  purpose  of  resuscitating  the  settlement  at  Westmin- 
ster which  had  been  abandoned,  Col.  Josiah  "Willard  Jr.,  for- 
merly of  Fort  Dummer,  obtained  a  renewal  of  the  charter  of 
that  town,  on  the  11th  of  June,  1760,  and  notified  to  the  pro- 
prietors" a  meeting.  In  accordance  with  this  notice,  "  a  legal 
meeting  of  the  proprietors  of  the  township  of  Westminster,  in 
the  province  of  New  Hampshire,"  was  held  on  the  4th  of 
February,  1761,  "at  the  house  of  Mr.  John  AveriU,  in  said 
AVestminster,"  at  Avhich  Benjamin  Bellows,  of  Walpole,  presided 
as  moderator.  Means  were  taken  to  apportion  the  land  satis- 
factorily, and  preparations  were  made  for  permanent  settle- 
ments on  the  broad  and  fertile  plains  which  now  constitute  so 
much  of  the  beauty  of  that  viUage.  At  a  subsequent  meeting 
held  May  6th,  several  valuable  lots  of  land  were  voted  to  Col. 

*  See  Appendix  R 


94  HisTOKY  OF  EASTERN  vee:uont.         [1750-1770. 

Willarcl,  in  addition  to  those  lie  then  held,  provided  he  should 
build  a  saw  mill  and  a  grist  mill  within  the  limits  of  the  town. 
At  the  same  time  a  tax  was  laid  on  the  proprietors,  in  order  to 
raise  a  fund  from  whicli  to  reward  him  for  the  various  services 
he  had  rendered  them.  These  efforts  to  multiply  inducements 
to  settlers  from  the  older  provinces  were  not  without  success, 
and  before  the  close  of  the  year  1766,  more  than  fifty  families 
were  located  in  Westminster.*  According  to  the  census  of 
1771,  taken  by  the  order  of  Governor  Dunmore  of  Kew  York, 
this  town  was  the  most  populous  in  that  part  of  the  province, 
the  whole  number  of  actual  residents  being  four  hundred  and 
seventy-eight.  Tlie  charter  of  Westminster  was  confirmed  by 
the  government  of  New  York,  on  the  16th  of  March,  1772. 
.  The  charter  of  the  township  of  Putney  had  been  given  by 
Benning  AYentworth,  governor  of  New  Hampshire,  to  Col. 
Josiah  Willard  and  others,  and  bore  date  December  26th,  1753. 
Settlements  had  been  made  on  the  "  Meadows"  in  Putney,  as 
early  as  the  year  1744,  and  although  they  had  been  broken  up 
by  the  Cape  Breton  war,  yet  they  had  been  renewed  about  the 
time  of  the  granting  of  the  charter.  Tlie  return  of  peace 
again  gave  an  impulse  to  this  almost  abandoned  settlement. 
Pleasantly  diversified  with  the  meadow-land  and  the  hill- 
country  ;  with  woods  whose  recesses  were  rendered  dark  at  mid- 
day by  the  toweling  pine,  and  the  less  tall  but  more  expanded 
oak,  butternut,  and  elm ;  with  streams  whose  devious  courses 
aflbrded  a  secluded  home  for  the  timid  trout,  or  whose  waterfalls 
promised  encouragement  to  enterprise — Putney  attracted  the 
attention  of  the  adventurer  winding  his  way  along  the  Con- 
necticut, and  gave  him  an  abode  among  her  woodland  retreats. 

*  MS.  Westminster  Records  under  Massachusetts. 

The  conditions  on  which  the  settlers  agreed  to  release  to  Col.  "Willard  certain 
lands  in  the  township  of  WTestminster,  are  stated  in  the  following  language  in  the 
MS.  volume  above  named: — "Provided  he  shall  Build  a  Good  Saw  Mill  and 
Grist  Mill  in  s'^  Town,  and  saw  and  grind  at  the  usual  Price  of  sawing  at  the 
Neighbouring  Mill,  and  Grind  Likewise  at  the  same  Toll  Taken  at  the  Neighbour- 
ing Mills.  ITie  Saw  Mill  to  be  built  by  the  first  Day  of  October  next,  and  the 
Grist  Mill  in  two  years  if  the  Town  should  Desire  tiie  same,  and  [he  to]  keep  the 
said  Mills  in  Repair  ten  years  or  Longer  or  Deliver  up  s**  stream  for  the  use  of 
the  s"*  Proprietors  after  y«  ten  years,  if  he  Refuses  to  Continiie  to  keep  b^  Mills  in 
Repair.  And  it  is  to  be  understood  that  if  the  stream  that  is  in  e,^  land  be  not 
sufficient  for  Constant  Water  for  a  Mill,  then  the  said  Town  is  to  Provide  a  stream 
for  s-^  Mill  to  be  built  upon,  and  Land  for  the  Conveniency  of  building  s"*  Grist 
Mill  on,  or  the  said  Willard  to  be  Exempted  from  building  &<•  Grist  Mill." 

See  also  Land  Papers  in  Office  Sec.  State,  N.  Y.,  vol.  xix.,  under  date  October 
1st,  1765;  vol.  xxL,  under  date  June  25th,  1766. 


1Y50-1770.]  SETTLEMENT    OF   PUTNEY.  95 

Earl  J  in  the  autumn  of  1762,  Lieut.  Joshua  Hide  purchased 
in  Putney  a  tract  of  land  lying  in  the  east  part  of  the  town  on 
the  river,  comprising  twenty-eight  hundred  acres,  and  in  Decem- 
ber following  removed  his  family,  and  settled  them  in  a  house 
situated  about  fifty  rods  south  of  the  spot  where  "Westmoreland 
bridge  has  since  been  erected.  At  this  time,  with  the  exception 
of  the  families  on  the  meadow,  there  were  only  two  other 
families  in  the  place — those  of  John  Perry,  and  Philip  Alexander, 
who  lived  not  far  from  the  river.  There  was  no  saw  nor  grist 
mill  in  town,  and  the  grain  for  their  daily  bread  was  for  several 
years  carried  for  grinding  either  to  I^orthfield,  Massachusetts, 
or  to  Chesterfield  or  Westmoreland,  New  Hampshire.  In  1164, 
Joshua  Parker  purchased  land  in  Putney,  and  soon  after  drove 
the  first  cart  which  had  ever  appeared  in  town,  through  the 
main  street  to  the  north  end  of  it,  where  he  had  fixed  his 
residence.  Although  he  removed  his  family  from  Canterbury, 
Connecticut,  in  October,  yet  he  located  them  for  the  winter 
in  Westmoreland  for  the  convenience  of  mills,  and  did  not  settle 
permanently  in  Putney  until  March,  1765.  A  saw  mill  and  a 
grist  mill  were  soon  after  put  in  operation,  and  the  settlei*s 
were  thus  relieved  from  several  of  their  greatest  embarrass- 
ments. Meantime,  Henry  Walton,  James  Cummings,  and 
Moses  Johnson  had  erected  dwellings  on  the  street,  and  Ben- 
j  amin  Hutchins  and  Samuel  Skinner  in  the  eastern  part  of  the 
town.  Before  the  middle  of  the  year  1765,  the  number  of 
families  had  increased  to  fifteen. 

Few  though  they  were  in  numbers,  yet  they  forgot  not  the 
worship  of  God  ;  and  meetings  for  this  purpose,  held  for  several 
years  at  the  house  of  Joshua  Parker,  by  whom  they  were  con- 
ducted, or  in  the  bam  of  James  Cummmgs,  and  afterwards, 
when  the  settlers  had  become  more  numerous,  in  more  conve- 
nient places,  served  to  cherish  in  their  breasts  the  spirit  which 
they  had  brought  from  their  native  provinces — a  spirit  derived 
from  the  Pmitan,  but  pruned  of  the  severity,  dissimulation, 
bigotry,  and  intolerance,  which  were  too  often  manifest  among 
those  who  bore  that  venerated  name.  In  1768  Noah  Sabin  of 
Rehoboth,  Massachusetts,  afterwards  distinguished  in  the  annals 
of  Cumberland  count)-,  removed  to  Putney.  Tlie  town  was  char- 
tered by  New  York  on  the  14th  of  November,  1766,  and  on  the 
8th  of  May,  1770,  it  was  organized,  and  town  officers  were  chosen.* 

*  From  two  MS.  "  Historical  Sermons,"  preached  at  Putney,  by  the  Rev.  E.  D. 


96  mSTOKY    OF   EASTEEN    VERMONT.  [1750-lTVO. 

The  township  of  Halifax,  the  second  in  the  state  granted  by 
New  Hampshire,  was  chartered  on  the  11th  of  May,  1750.  At 
the  instance  of  Oliver  Partridge,  one  of  the  principal  grantees, 
it  was  divided  into  sixty-four  equal  shares,  and  the  lot  of  each 
owner  was  marked  at  the  corners  with  "  lasting  boundaries." 
In  the  centre  of  the  town  was  a  large  space  of  a  hexagon  shape 
taken  from  the  surrounding  lots  for  public  uses.  Settlements 
were  commenced  in  1751,  but  those  who  undertook  them  were 
not  able  to  prosecute  their  plans  on  account  of  the  hostility  of 
the  Indians.  After  the  reduction  of  Canada,  the  proprietors  of 
more  than  forty  lots  renewed  their  exertions  "  with  good  pro- 
Andrews,  on  a  Fast-Day,  in  the  year  1825,  ■which  have  afforded  the  materials  for 
the  paragraphs  in  the  text  relative  to  that  town,  the  following  additional  par- 
ticulars are  extracted: — "  In  the  year  1*768  there  were  on  the  street,  besides  *the 
families  before  named,  William  Wyman's,  settled  near  the  house  now  occupied  by 
Captain  Ash ;  Charles  Kathan's,  near  Dr.  Campbell's  place ;  and  Amos  Haile's. 
"West  of  the  street  there  were  but  three  families,  viz.  John  Butler's,  where  Peter 
Blood  now  lives ;  Michael  Law's,  where  Aaron  Houghton  now  lives ;  and  Dennis 
Lockliu's,  on  the  farm  now  owned  by  the  Hon.  P.  AVhite,  forty  or  fifty  rods  in  the 
field  south  of  his  farm-house.  East  of  the  mouth  of  Sackett's  Brook  there  were 
four  families,  viz.  Jonas  Moore's,  where  Abel  Hubbard  now  lives ;  Leonard  Spaul- 
ding's,  near  B.  Reynolds's  ;  Fairbank  Moore's,  on  Timothy  Underwood's  farm  ;  and 
Samuel  Allen's,  on  the  fiirm  of  Jonas  Keyes  Jr.  At  that  time  there  was  no  road 
from  the  Great  Meadow  to  the  street,  except  on  the  bank  of  the  river  as  far  as 
Kathan's  ferry,  and  thence  up  to  the  street.  The  valley  through  the  middle  of 
the  town  was  then  chiefly  a  wilderness. 

"In  1708  the  Hon.  Koah  Sabiu  built  the  first  framed  house,  on  the  ground 
nearly  opposite  Deacon  Taft's ;  and  the  building  is  now  a  part  of  the  store  of 
Leavitt  and  Crawford.  The  same  year  Amos  Haile  built  a  framed  house,  oppo- 
site the  house  now  occupied  by  the  lion.  Theophilus  Crawford.  James  Cum- 
mings  built  the  house  where  Abel  Haynes  lives,  and  Charles  Kathan  also  built  on 
the  spot  where  Mrs.  McLellan  lives,  near  Dr.  Campbell's.  Kot  long  after,  Moses 
Johnson  built  the  first  two  story  house  on  the  street — the  house  now  occupied 
by  Elijah  Blake,  thirty  rods  north  of  the  meeting-house.  The  first  saw-mill  was 
built  on  the  site  of  the  paper-mill  in  1*765  or  1766.  The  first  gi-ist-mill  was  built 
by  Deacon  Minott,  where  Minott's  mills  now  stand,  in  the  year  1766.  The  second 
grist-mill  was  built  by  Jonathan  Houghton  about  the  year  1769.  It  was  situated 
fifteen  rods  east  of  the  paper-mill,  on  the  site  where  Newell  Moore's  blacksmith 
shop  now  stands.  The  first  clothing-works  were  built  in  the  east  part  of  the 
town  by  Capt.  Roswell  Parker  in  the  year  1785.  The  first  blacksmith,  who 
worked  in  town,  was  Capt.  Daniel  Jewett.  He  commenced  about  the  year  1773. 
The  first  store  was  opened  about  the  3-ear  1770,  by  Peter  Wilson,  a  little  west  of 
the  house  of  the  Hon.  John  Noycs,  and  here  was  the  first  tavern.  The  second 
store  was  opened  by  Charles  Chandler,  twelve  rods  south  of  the  meeting-house, 
about  the  year  1783.     The  first  meeting-house  was  built  in  1773." 

Many  changes  have  taken  place  since  the  Rev.  Mr.  Andrews  collected  these 
minute  details  of  the  earl^-  settlement  of'Putney,  but  it  was  supposed  they  might 
still  possess  some  interest  to  those  curious  in  preserving  the  grains  of  local  history, 
and  for  that  reason  they  have  been  here  inserted. 


1Y50-1Y70.]  SETTLEIMENT   OF   MAELBOEOUGn.  97 

ficiencj,"  and  altliougli  the  township  consists  ahnost  entirely  of 
"  mountainous  lands,"  and  was  then  veiy  heavily  "  loaded  with 
timber,"  yet  the  proprietors  were  sanguine  that  their  settlement 
would  at  some  future  period  "  prove  beneficial  to  the  public." 

Tlie  township  of  Marlborough,  after  having  been  chartered  by 
New  Hampshire  by  that  name,  on  the  29th  of  April,  1T51,  and 
again  on  the  21st  of  September,  1Y61,  was  chartered  as  New 
Marlborough,  on  the  17th  of  April,  1764.  The  prefix  being  dis- 
liked, was  dropped  by  the  consent  of  most  of  the  inhabitants,  the 
original  name  only  being  retained.  The  first  two  charters  were 
granted  to  Timothy  Dwight  of  Northampton  and  his  associates, 
the  third  to  Charles  Phelps  and  his  associates.  Phelps,  as  the 
princij)al  grantee,  was  directed  to  call  town-meetings  in  accord- 
ance with  the  conditions  of  the  third  charter.  Under  the  firet 
charter  the  outside  lines  of  the  town  were  run  and  the  corners 
set  in  1752,  but  owing  to  the  French  war  the  grantees  were 
unable  to  comply  with  the  requisitions  of  their  charter,  and  for 
this  reason  it  was  forfeited.  On  the  renewal  of  the  charter 
means  were  taken  to  eifect  a  settlement,  and  in  May,  1762,  the 
town  was  laid  out  by  Joseph  Allen  Jr.,  surveyor,  and  Eliphaz 
Clap,  Oliver  Brigham,  Joel  Strong,  and  Timothy  Parsons, 
chainmen.* 

The  first  actual  settler  was  Abel  Stockwell,  who,  in  the  spring 
of  the  year  1765,  removed  with  his  family  from  "West  Spring- - 
field,  Massachusetts.  Entering  by  the  road  passing  through 
Brattleborough,  he  established  himself  in  the  eastern  part  of 
the  town,  on  the  farm  since  occupied  by  Luther  Ames.  The 
first  tavern  in  town  was  opened  and  kept  by  Stockwell.f 
Francis  Whitmore  with  his  family  from  Middletown,  Connecti- 
cut, commenced  the  second  settlement.  He  came  in  by  the 
way  of  Colrain  and  Halifax,  and  chose  for  his  location  the  farm 
which  was  afterwards  occupied  by  his  grandson,  Levi  Barret. 
Although  his  entrance  succeeded  that  of  Stockwell  but  a  few 
weeks,  yet  the  two  lived  nearly  a  year  within  a  few  miles  of 


*  Petitions  from  Oliver  Partridge  and  others,  dated  November  12th,  1*764, 
October  7th,  1*765,  and  August  5th,  1766;  also  from  Charles  Phelps  and  his  asso- 
ciates, dated  October  15th,  1765,  and  October,  1766,  in  Land  Papers,  in  office 
Sec.  State,  N.  Y.,  vols,  xvii.,  xx.,  xxi.  Records  in  Town  Clerk's  office,  Marl- 
borough. 

■j-  The  first  birth  in  Marlborough  was  that  of  Aaron  Stockwell,  son  of  Abel 
Stockwell  Jr.  and  Patience  his  wife,  which  took  place  July  9th,  176S.  Abel 
Stockwell  Jr.  was  the  sou  of  Abel  Stockwell,  the  first  settler. 

7 


98  HISTOKT    OF   EASTERN   VERMONT.  [1750-1770. 

one  another  without  becoming  acquainted,  each  supposing  that 
his  own  family  was  the  only  one  in  the  town.  On  account  of 
their  distance  from  other  settlements,  the  families  suffered 
severely  from  the  want  of  the  necessities  and  conveniences  of 
living.  Capt.  Whitmore  was  accustomed  to  bring  all  his 
grain  on  his  back,  through  the  woods,  from  Deerfield  and  Col- 
rain,  a  distance  of  from  twenty  to  thirty  miles.  With  difficulty 
a  cow  was  kept  through  the  first  winter,  upon  browse  and  wild 
grass  gathered  in  the  preceding  summer.  During  another 
winter,  Capt.  Whitmore  supported  his  oxen  with  the  hay  he 
had  previously  cut  from  a  beaver  meadow.*  To  this  spot  he 
drove  his  oxen  at  the  commencement  of  the  cold  weather,  built 
for  himself  a  camp,  and  there  remained  performing  the  duties 
of  an  oxherd  until  the  following  spring.  Tlie  winter  of  the 
year  1765  was  a  lonely  one  to  Mrs.  Whitmore.  Her  husband 
pursuing  his  calling  as  a  tinker,  was  absent  in  the  older  settle- 
ments, earning  something  for  the  support  of  his  family.  During 
the  short  unpleasant  days,  and  the  long,  cheerless  nights  of  that 
dreary  season,  she  saw  no  human  being  but  her  little  daughter. 
Once,  it  is  true,  a  party  of  hunters  visited  her  dwelling  in  their 
wanderings,  but  the  shortness  of  their  stay  only  added  to  her 
loneliness.  In  this  situation  she  displayed  that  force  of  mind, 
and  power  of  contrivance,  which  in  a  more  public  situation 
would  have  earned  for  her  the  name  of  a  heroine.  Her  hands 
were  not  employed  in  performing  simply  the  lighter  duties  of 
the  household.  In  order  to  supply  her  fire  with  fuel  she  felled 
the  trees  of  the  forest,  and  on  the  twigs  which  the  branches 
afforded  she  supported  her  little  stock  of  cattle.  She  procured 
water  for  them,  and  herself,  and  daughter,  by  melting  snow,  it 
being  easier  to  pursue  this  method  than  to  seek  for  the  springs 
through  the  deep  snow.  In  this  manner  she  spent  the  winter, 
and  although  her  sufferings  were  occasionally  severe,  yet  con- 
stant employment  left  her  but  little  time  for  unavailing  com- 
plaints.f 

*  This  meadow  is  now  covei-ed  with  a  mill-pond.  It  is  situated  about  half  a 
mile  north  of  the  meeting-house,  on  the  west  side  of  the  New  Fane  road. 

f  "  Mrs.  Whitmore  was  exceedingly  useful  to  the  early  settlers,  both  as  a  nurse 
and  midwife.  She  possessed  an  uncommonly  strong  constitution,  and  frequently 
travelled  through  the  woods  upon  snow-shoes,  from  one  part  of  the  town  to 
another,  both  by  day  and  night,  to  relieve  the  sick  and  afflicted.  On  one  occasion 
in  the  night,  she  went  on  show-shoes  through  the  woods,  keeping  the  path  by 
the  assistance  of  blazed  trees,  from  her  own  house  to  that  of  Col.  William 
Williams,  sitiiated  at  the  mills  known  as  the  Underwood  mills,  a  distance  of  not 


1750-1770.]  TOWNSHIP   OF   NEWFAJSTE.  99 

In  1764,  tlie  year  following  the  arrival  of  Stockwell  and 
TThitniore,  Charles  Phelps,  a  lawyer  from  Hadley,  Massachu- 
setts, removed  with  his  family  to  Marlborough.  He  and  his 
sons  Solomon  and  Timothy,  though  men  of  eccentric  mental 
conformation,  bore  a  prominent  part  in  the  history  of  the 
country,  and  their  names  will  be  frequently  met  with  on  these 
pages.  A  beginning  having  been  made,  the  poj)ulation  of  the 
to^\^l  increased  gradually,  and  before  the  close  of  the  year 
1766,  the  number  of  settlers  amounted  to  twenty-seven.^ 

The  town  of  AVilmington  was  chartered  by  New  Hampshire, 
by  that  name,  on  the  29th  of  April,  1751,  to  Phinehas  Lyman 
and  fifty-seven  others.  As  the  conditions  of  the  grant  were 
not  fulfilled  by  the  grantees,  the  charter,  by  its  own  provisions, 
became  void.  When  the  town  received  its  second  charter  from 
IS^ew  Hampshire,  on  the  17th  of  June,  1763,  its  name  was 
changed  to  Draper,  and  its  proprietors  were  His  Excellency 
Francis  Barnard  and  sixty-six  others.  The  name  Draper  being 
disliked,  the  old  name  of  Wilmington  was  subsequently  revived 
by  the  common  consent  of  the  inhabitants,  and  has  been  re- 
tained to  this  day.  Before  the  close  of  the  year  1765,  seven 
famiHes  had  become  inhabitants  of  the  township,  and  others  not 
yet  residents  had  cleared  and  improved  many  acres  of  land. 
Although  these  inceptive  measures  gave  promise  of  enterprise 
and  activity,  there  were  but  seventy-one  inhabitants  in  the 
town,  in  the  year  1771. 

By  the  name  of  Fane,  the  township  now  known  as  ISTewfane, 
was  granted  by  ISTew  Hampshire  on  the  lOtli  of  June,  1753,  to 
Abner  Sawyer  and  sixty-seven  others,  his  associates,  many  of 
whom  were  inhabitants  of  Shrewsbury,  Massachusetts.  At- 
tempts w^ere  made  in  the  following  year  to  comply  with  the 
terms  of  the  charter,  by  clearing  a  certain  amount  of  land  and 
allotting  it  in  severalty,  but  the  state  of  the  times  forbade  a  suc- 
cessful prosecution  of  the  work,  and  the  charter  was  forfeited. 
A  new  charter  was  issued  by  New  Hampshire,  on  the  3d  of 

less  then  six  miles.  Capt.  Whitmore  died  May  81st,  1790,  aged  about  seventy 
years.  Mrs.  Whitmore  was  afterwards  married  to  Isaac  Pratt,  an  early  settler, 
from  Shrewsbury,  Massachusetts.  She  died  after  a  lingering  sickness.  May  24th, 
1814,  at  the  advanced  age  of  eighty-seven  years.  During  her  life  she  officiated 
as  midwife  at  more  than  two  thousand  births,  and  never  lost  a  patient."  MS. 
History  of  the  Town  of  Marlborough,  by  the  Rev.  Ephi'aim  H.  Newton,  written  in 
1824. 

*  Thompson's  Vt.  Gazetteer,  p.  174.  Thompson's  Vt.,  Part  III.,  pp.  110,  111. 
Appendix  to  Deming's  Catalogue,  p.  159. 


100  HISTOEY   OF   EASTERN   VERMONT.  [1750-1Y70. 

November,  1761,  to  Benjamin  Flagg  and  sixty-four  other  gran- 
tees, and  its  present  name  was  given  to  the  town.*    Li  May, 

1766,  a  settlement  was  commenced  by  Deacon  Jonathan  Park, 
Nathaniel  Stedman,  and  Ebenezer  Dyer,  who  emigrated  from 
Worcester  comity,  Massachusetts.  "For  several  years,  they  suf- 
fered all  the  hardships  and  privations  incident  to  the  settlement 
of  a  new  country.  Without  roads,  horses,  or  oxen,  they  were 
under  the  necessity  of  conveying,  by  their  own  strength,  all  their 
provisions  from  Hinsdale,  a  distance  of  twenty  miles,  through  a 
pathless  wilderness."  Lucy,  a  daughter  of  Deacon  Park,  whose 
birth  took  place  on  the  15th  of  August,  1769,  was  the  first  child 
born  in  the  town. 

That  the  township  which  now  bears  the  name  of  Rocking- 
ham was  first  granted  by  Massachusetts,  is  not  a  fact  establish- 

*  On  the  10th  of  July,  1Y65,  Ebenezer  Morse,  Ephraim  Doolittle,  and  Job  Gush- 
ing, a  committee  of  the  proprietors  of  the  township  of  New  Fane,  sent  from 
Shrewsbury,  Massachusetts,  a  memorial  to  Lieut. -Governor  Cadwallader  Golden, 
of  New  York,  containing  au  account  of  the  situation  of  the  township  of  New  Fane. 
Ecferring  to  the  second  charter  issued  by  New  Hampshire,  they  said  :  "  Tour 
petitioners  have,  agreeable  to  the  demands  of  said  Charter,  made  all  possible 
efforts  in  order  effectually  to  settle  said  Lands  so  granted,  and  have  already  ex- 
pended Six  Dollars  upon  Each  Right  or  Share,  in  making  Publick  Roads,  and  in 
other  Publick  Services,  and  cleared  upon  the  several  Lots  in  said  Township  more 
than  fifteen  hundred  acres  of  Land  (as  we  judge),  and  were  vigorously  prosecut- 
ing the  settlement  of  said  Township,  When  Your  Honor  Issued  a  Proclamation, 
Laying  Claim  to  all  the  Land  West  of  Connecticut  River  (then  chartered  out  by 
the  Governor  of  New  Hampshire)  as  belonging  to  the  Government  of  New  York." 
They  also  stated  that  the  doubts  whicli  had  arisen  in  their  minds  in  regard  to  the 
validity  of  the  New  Hampshire  charter,  had  retarded  the  settlement  of  the  town- 
ship. In  order  to  remove  all  obstacles,  they  asked  for  a  confirmation  grant ;  and 
that  they  might  not  be  compelled  to  pay  more  than  the  usual  fees,  they  prayed 
that  the  confirmation  might  be  made  before  the  stamp  act  should  become  obliga- 
tory. For  a  long  time,  no  notice  appears  to  have  been  taken  of  this  petition,  and 
when,  finally,  the  attention  of  the  Governor  was  directed  to  the  subject,  instead 
of  confirming  the  New  Hampshire  charter,  he,  on  the  11th  of  May,  17*72,  made  a 
grant  of  the  township  to  "  Walter  Franklin  and  twenty  other  persons,  principally 
residing  in  the  city  of  New  York."  On  the  day  following  this  transaction,  Frank- 
lin and  his  associates  conveyed  their  right  to  Luke  Knowlton  and  John  Taylor 
of  Worcester  county,  Massachusetts.  The  titles  to  all  the  land  in  Newfane  are  by 
consequence  derived  from  the  New  York  charter.  In  the  conveyances  which 
were  made  to  Knowlton,  allowance  was,  without  doubt,  made  for  the  lands  which 
he  then  owned  in  the  township.  That  his  title  to  a  portion  of  the  lands  ante- 
dated that  derived  from  Franklin,  appears  by  a  memorial  presented  to  Governor 
Moore  of  New  York,  dated  Jan.  28th,  1767,  in  which  it  is  stated,  that  at  that 
time  New  Fane  was  partially  settled  and  improved,  and  that  Knowlton  held 
land  there  of  which  he  had  got  possession,  by  deed. — New  York  Colonial  MSS., 
Land  Papers,  May  2d,  1765,  vol.  xviii. ;  July  10th,  1765,  vol.  xix.;  January  28th, 

1767,  vol.  xxii. ;    Thompson's  Vermont,  Part  111.,  p.  126. 


1750-1770.]  THE    OLD    TOWNSHIP    OF   HEvSDALE.  101 

eel  bejond  dispute.  There  is,  however,  a  strong  presumption 
that  at  the  time  when  AVestmiuster  was  granted,  by  the  name 
of  "  Number  One,"  Rockingham  received  similar  privileges 
from  Massachusetts,  under  the  name  of  "  Number  Two."  Pre- 
vious to  the  year  1750,  the  township  was  known  as  Goldens- 
town.  A.  charter  having  been  obtamed  from  New  Hampshire 
on  the  28th  of  December,  1752,  a  settlement  was  commenced 
in  the  following  year  by  Moses  Wright,  Joel  Bigelow,  and  Si- 
meon Knight,  who  emigrated  from  Massachusetts.  Like  other 
towns,  similarly  situated,  it  was  deserted  during  the  war  which 
soon  after  followed,  and  on  the  restoration  of  peace  was  organ- 
ized about  the  year  1760.  "  Tlie  attention  of  the  first  settlers 
was  principally  directed  to  fishing  for  salmon  and  shad,  which 
were  then  taken  in  great  abundance  at  Bellows  Falls.  For  this 
reason,  agriculture  was,  for  many  years,  much  neglected,  and 
the  settlement  advanced  very  slowly."  Notwithstanding  these 
drawbacks,  Michael  Lovell  and  Benjamin  Bellows  Jr.,  two  of 
the  principal  proprietors,  declared,  in  the  year  1765,  that  there 
were  at  that  time  twenty-five  families  settled  in  the  town,  and 
further,  that  they  had  made  sufficient  improvements  to  fulfil  the 
conditions  of  their  charter, 

Townshend,  although  chartered  by  New  Hampshire  on  the 
20th  of  June,  1753,  was  for  many  years  unvisited  and  uninlia- 
bited.  In  the  year  1761,  the  fij'st  settlement  was  commenced  by 
Joseph  Tyler  of  Upton,  Massachusetts.  He  was  soon  joined 
by  John  Hazeltine,  and  others  from  the  same  town;,  but  of  the 
progress  which  they  made  in  reducing  the  wilderness  and  in 
advancing  the  growth  of  the  new  settlement  dm-ing  the  six 
years  succeeding  the  close  of  the  war,  there  are  no  means  of 
judging. 

The  old  township  of  Hinsdale,*  which  included  lands  on  both 
sides  of  the  Connecticut,  was  granted  by  Massachusetts  at  a 
very  early  period.  J^ven  after  the  river  had  been  declared  the 
boundary  line  between  the  provinces  of  New  Hampshire  and 
New  York,  and  the  township  had  in  this  manner  been  divided, 
the  different  parts,  although  under  distinct  organizations,  still 
retained  their  original  name,  and  were  thus  known  until  the  21st 

*  It  derived  its  name  from  the  Rev.  Ebenezer  Hinsdell  or  Hinsdale,  -who  was 
probably  one  of  the  original  proprietors.  This  excellent  mau,  of  whom  an  account 
has  already  been  given,  served  for  many  years  as  chaplain  to  the  neighboring 
garrisons,  and  by  his  sound  judgment  and  excellent  counsels,  wielded  a  healthful 
influence  over  all  with  whom  he  was  brought  in  contact. 


102  HISTOKT   OF   EASTERN   VEKMONT.  [1750-17Y0. 

of  October,  1802,  when  the  name  of  Hinsdale,  in  Yermont, 
was  changed  to  that  of  Yernon.  Tlie  date  of  the  first  grant  is 
not  accurately  known.  Li  a  petition,  still  extant,  from  Samuel 
Hunt,  by  his  attorney  Oliver  Willard,  which  was  presented  to 
the  provincial  government  of  New  York  on  the  3d  of  Novem- 
ber, 1766,  it  is  stated,  that  the  tract  of  land  comprised  in  this 
township,  "  was  purchased  of  the  native  Lidians  and  granted 
by  the  province  of  the  Massachusetts  Bay,  near  one  hundred 
years  ago,  and  soon  afterwards  cultivated  and  settled  ;  and  that 
it  was  afterwards  found  to  be  in  the  province  of  New  Hamp- 
shire, and  was  then  confirmed  to  the  proprietors  by  power  dated 
the  3d  of  September,  1753."  The  "  power  "  referred  to,  was  the 
charter  issued  by  Governor  Benning  Wentworth,  by  which  the 
township  of  Hinsdale,  including  land  on  both  sides  of  the  Con- 
necticut, was  regranted  to  Ebenezer  Alexander  and  ninety-four 
others.  An  alteration  was  made  in  this  charter  or  a  new  one 
was  issued  on  the  26th  of  September,  1753,  by  which  the  grant 
was  divided  into  two  towns.  The  west  bank  of  the  river 
formed  the  Kne  of  separation,  and  each  town  was  known  as 
Hinsdale.  Portions  of  the  town  since  known  as  Yernon  were 
subsequently  chartered  by  New  York,  under  the  names  of  Hins- 
dale and  Fall  Town  Gore. 

In  a  "Narrative  of  the  Controversy"  between  New  York 
and  New  Hampshire,  by  Ethan  Allen,  reference  is  made  to 
the  early  history  of  Hinsdale  in  these  words :  "  This  township 
had  first  been  granted  by  the  government  of  the  Massachusetts 
Bay,  and  upon  the  settlement  of  the  boundary  line  between 
the  Massachusetts  Bay  and  New  Hampshire  in  1739,  it  fell 
within  the  latter,  and  by  that  government  was  granted  and 
fully  ratified  to  the  inhabitants  and  proprietors,  who,  in  addi- 
tion to  their  title,  had  also  the  Indian  right."  The  earliest 
inhabitants  were  emigrants  from  Northfield  and  Northampton, 
Massachusetts.  They  encountered  with  spirit  and  resolution 
the  dangers  to  which  they  were  exposed  from  their  enemies, 
the  Indians,  and  some  of  the  incidents  in  which  they  were 
participants  have  already  been  recorded.  Previous  to  the 
King's  decision  of  the  boundary  line  between  New  York 
and  New  Hampshire,  which  decision  was  made  on  the  20th 
of  July,  176-1,  the  Rev.  Bunker  Gay  was  settled  at  Hins- 
dale, in  the  "  work  of  the  gos2')el  ministry."  As  "  an  encou- 
ragement" to  him  in  his  labors,  "the  inhabitants  of  Hinsdale, 
then  living  on  both  sides  of  Connecticut  river,  voted"  to  give 


1750-1770.]  THE    REV.    BUNIvEK   GAT.  103 

him  tliree  liundred  and  fifty  acres  of  land.  "Whether  the  zeal 
of  his  parishioners  became  cool  as  their  worldly  prospects  bright- 
ened, or  whether  they  deemed  it  wrong  for  a  servant  of  heaven 
to  be  a  landholder  on  earth,  does  not  appear.  The  land,  how- 
ever, was  not  allotted ;  and  when  there  appeared  no  prospect  of 
a  better  state  of  affairs,  Bunker  Gay  prayed  the  government  of 
New  York  for  the  gift  of  a  thousand  acres  in  the  west  part  of 
the  town,  in  lieu  of  the  old  promise,  on  which  he  had  ceased  to 
rely.     No  records  have  yet  shown  the  fate  of  his  petition. 


CHAPTER  Y. 

FIKST   SETTLEMENTS. 

Brattleborough — Fulham  or  Dummerston — Tlie  "  Equivalent  Lands" — ^Frauds — 
John  Kathan — Chester — Guilford — Peculiarity  of  its  Organization — Grafton — 
Hartford  —  Norwich — Plymouth — Reading — Windsor  —  Pomfret  —  Hartland — 
"Woodstock  —  Thetford — Sharon — Sj^ringfield — Weathersfield — Fairlee — Guild- 
hall— Cavendish — Andover — Bradford — Lunenburgh — Newbury  —  Col.  Jacob 
Bayley — Immigration. 

The  first  civilized  settlement  within  the  boundaries  of  Ver- 
mont was  made  at  Fort  Dnmmer,  in  the  south-eastern  corner 
of  the  township  subsequently  known  as  Brattleborough,  in  the 
year  1724.  Tlie  charter  of  Brattleborough  was  issued  by  ITew 
Hamsphire  on  the  26th  of  December,  1753,  but  several  years 
elapsed  before  any  attempts  were  made  to  colonize  those  portions 
of  the  town  which  are  now  comprised  within  the  limits  of  the 
east  and  west  villages.  One  of  the  principal  proprietors 
was  Col.  William  Brattle  of  Boston,  and  to  him  the  town 
owes  its  name.  Josiah  Willard,  Nathan  Willard,  David  Sar- 
geant,  David  Sargeant  Jr.,  John  Sargeant,  Thomas  Sargeant, 
John  Alexander,  Fairbank  Moore  and  son,  Samuel  "Wells,  and 
John  Ai'ms,  were  among  the  first  settlers,  and  were  all  from 
Massachusetts,  with  the  exception  of  John  and  Tliomas  Sar- 
geant, and  John  Alexander,  who  were  born  at  Fort  Dummer. 
John  Sargeant  is  believed  to  have  been  the  first  white  person 
born  in  the  state.  His  father  and  his  brother  David  were 
ambushed  by  the  Indians,  and  the  former  was  killed  and 
scalped.  Tlie  latter  was  carried  into  captivity,  and  adopted 
the  Indian  habits  and  manners,  but  subsequently  abandoned  his 
savage  pursuits  and  companions,  and  returned  to  his  friends. 
Governor  Wentworth  manifested  much  interest  in  the  early  set- 
tlement of  this  town  and  of  Rockingham,  and  in  both  of  them, 
according  to  his  own  statement,  he  was  at  "  considerable  ex- 


1Y50-1770.]      ALLOTMENT   OF   THE    "EQUIVALENT   LANDS."  105 

pense  in  erecting  mills."  Brattleborougli  was  at  an  early  period 
a  flourishing  settlement,  and  prosperity  has  at  all  times  subse- 
quent characterized  its  condition. 

The  township  of  Dummerston  includes  within  its  limits  a  por- 
tion of  the  territory  wliich  was  formerly  -known,  and  has  been 
previously  spoken  of,  as  the  "  Equivalent  Lands."  After  these 
lands  had  passed  from  the  hands  of  the  government  of  Connec- 
ticut, in  the  year  1T16,  they  were  held  by  gentlemen  from 
Connecticut,  Massachusetts,  and  London.  Application  having 
been  made  by  five  of  the  proprietors  to  Samuel  Partridge 
of  Hatfield,  Massachusetts,  one  of  His  Majesty's  justices  of  the 
peace,  desiring  him,  in  his  official  capacity,  and  in  accordance 
with  the  laws  of  the  province,  to  appoint  a  meeting  of  all  the 
proprietors.  Major  John  Stoddard  of  Northampton  was,  on  the 
26th  of  March,  1718,  directed  to  make  the  appointment.  Li 
obedience  to  this  order.  Major  Stoddard  issued  the  following 
notification  on  the  28th,  which  was  posted  "  at  some  public 
place  "  in  the  county  of  Hampshire : 

"  These  may  certify  all  persons  concerned,  but  more  especially 
the  several  and  respective  proprietors  of  the  Equivalent  Lands, 
so  called,  lying  in  the  county  of  Hampshire  : — 

"That  pursuant  to  a  law  of  the  province,  and  at  the  desire 
of  five  of  the  proprietors  of  the  said  lands,  the  Honorable 
Samuel  Partridge,  Esq.,  hath  appointed  the  first  Wednesday  of 
June  next,  at  two  o'clock  in  the  afternoon,  at  the  Green  Dragon 
Tavern,  in  Boston,  to  be  the  time  and  place  for  a  meeting  of  the 
said  proprietors,  in  order  to  the  choosing  of  a  proprietor's  clerk, 
the  appointing  a  committee  to  be  selected  out  of  their  number  for 
such  purposes  as  shall  be  agreed  on,  the  dividing  or  disj^osing  of 
their  said  propriety  or  any  part  thereof,  the  choosing  an  agent  or 
general  attorney  to  represent,  manage,  and  act  for  them,  to  regu- 
late meetings  for  the  future,  etc.  I  do,  therefore,  hereby,  in  obe- 
dience to  a  warrant  directed  to  me  for  that  end  from  the  said 
justice,  inform  and  give  notice  to  all  the  proprietors  of  said 
Lands,  that  there  will  be  a  meeting  at  the  time  and  place,  and 
for  the  ends  aforementioned,  and  they  are  hereby  desired  to 
gijre  their  attendance  accordingly." 

The  "  Equivalent  Lands"  were  afterwards  allotted  by  mutual 
agi'eement,  and  it  is  probable  that  the  allotment  took  place  at 
tlie  meeting  notified  by  the  above  warrant.  .  The  tract  situated 
above  Northfield,  including  portions  of  the  present  towns  of  Put- 
ney, Dummerston,  and  Brattleborough,  fell  in  the  partition  to 


106  HI8T0KY   OF   EASTEEN   VERMONT.  [1Y50-1Y70. 

William  Diimmer,  afterwards  Lieutenant-Governor  of  Massa- 
chusetts, Anthony  Stoddard,  WiUiam  Brattle,  and  John  White, 
"  and  a  deed  thereof"  was  made  to  them  by  Gurdon  Saltoustall 
and  others,  "  as  their  part  and  proportion." 

Between  the  years  1744  and  1750,  when  attention  was  first 
aroused  to  the  subject  of  settling  the  lands  on  Connecticut  river, 
situated  between  the  north  line  of  Massachusetts  and  Kumber 
Four,  the  idea  was  prevalent  that  Governor  Wentworth  of  jS^ew 
Hampshire  had  received  advices  from  Great  Britain,  instructing 
him  to  give  to  the  inhabitants  of  Massachusetts  who  were  pro- 
prietors under  that  province  within  the  specified  limits,  the 
privilege  of  the  fii*st  choice  of  lands  ;  and  in  case  they  should  re- 
fuse to  take  out  charters  under  ]^ew  Hampshire,  then  to  extend 
the  privilege  to  whoever  should  next  apply.  In  the  year  1750 
Joseph  Blanchard  of  Amherst,  N^ew  Hampshire,  was  sent  to  sur- 
vey the  territory  which  it  was  in  contemplation  to  grant.  His 
examination  having  been  completed,  the  old  proprietors  of  the 
"  Equivalent  Lands  "  petitioned  the  Governor  of  JS'ew  Hamp- 
shii'e  for  a  grant  of  that  tract,  and  a  portion  of  the  adjacent  ter- 
ritory. Accordingly,  on  the  26th  of  December,  1753,  the  "  Equi- 
valent Lands,"  together  with  a  "  considerable  quantity  of  other 
lands,  was  formed  into  three  townships,  beginning  at  the  north 
bounds  of  Hinsdale,  on  the  west  side  of  the  river,  and  extending 
back  about  six  miles,  and  so  far  up  the  river"  as  to  enclose  the 
required  amount.  Previous  to  this,  the  whole  of  the  "  Equiva- 
lent Lands"  had  been  known  by  the  name  of  Dummerston. 
Tlie  proprietary  of  Dummerston,  with  the  territory  added  by 
New  Hampshire,  was  now  divided  into  the  townships  of  Ful- 
ham.  Putney,  and  Brattleborough.  The  name  Fulham*  was 
afterwards  changed  to  Dummerston,  but  at  what  time  no 
record  shows.  As  late  as  1773,  the  town  was  called  by  both 
names. 

In  the  charters  of  the  three  towns,  the  names  of  several  new 
proprietors  were  admitted,  but  j^articular  care  was  taken  that  the 
rights  of  the  original  grantees  should  not  be  infringed.  In  a  peti- 
tion presented  by  these  grantees  to  Governor  Wentworth,  in  the 
year  1760,  he  was  requested  to  confirm  to  Anna  Powell,  who  held 
the  share  formerly  belonging  to  Governor  Dummer,  one  quarter 
part  of  the  "  Equivalent  Lands,"  and  to  the  heirs  of  Anthony  Stod- 
dard, to  the  heirs  of  John  White,  and  to  William  Brattle,  each,  a 

*  In  old  documents,  the  name  is  spelled  Fullmn,  Fullham,  and  Fulbam 


1750-1770.]  ALLEGED   FEAUDS.  107 

like  portion.  The  confirmation  was  made  in  accordance  with 
these  instructions,  and  it  was  generally  supposed  that  satisfaction 
had  been  given  to  all  concerned.  At  the  close  of  the  war,  when 
Governor  Wentwortli  had  recommenced  his  prodigal  system  of 
apportioning  lands,  there  came  to  Portsmouth  from  Pomfret, 
Connecticut,  one  Isaac  Dana,  who  stated  that  "  a  certain  Mr. 
White"  had  an  interest  in  the  "Equivalent  Lands,"  but  that  no 
portion  had  been  given  him  in  the  allotment  which  had  been 
made  seven  years  previous.  To  compensate  for  this  neglect, 
Dana  asked  for  the  grant  of  a  township.  Col.  Josiah  Willard 
of  "Winchester,  New  Hampshire,  who  was  present,  told  him  that 
if  any  wrong  had  been  done,  the  blame  lay  with  Col.  Brattle, 
who  had  acted  as  agent  for  the  proprietors  of  the  "Equivalent 
Lands,"  and  had  ordered  all  matters  "  to  his  liking."  I^otwith- 
standing  this  declaration,  Dana  received,  on  the  8tli  of  July, 
1761,  a  patent  for  the  township  of  Pomfret,  on  the  New 
Hampshire  Grants,  and  departed  satisfied.  It  is  doubtful 
whether  the  heirs  of  White  ever  received  any  benefit  from  this 
transaction. 

A  few  days  passed,  and  there  appeared  at  Portsmouth  "  one 
William  Story,  a  gentleman  from  Boston."  He  also  complained 
of  the  injustice  which  had  been  done  White's  heirs  in  the  dis- 
tribution of  the  "  Equivalent  Lands,"  and  prayed  for  redress 
or  compensation.  Col.  Tlieodore  Atkinson,  the  Governor's 
secretary,  was  very  merry  when  this  claim  was  profifered,  deem- 
ing it  as  fraudulent.  But  his  laugh  was  no  more  effective 
than  had  been  the  reasoning  of  Willard,  and  to  Story  and  his 
associates  was  set  ofiF  the  township  of  Bernard  on  the  17tli  of 
July,  1761,  though  the  application  had  at  first  been  made 
in  the  name  of  the  injured  heirs  of  the  injured  White.  On 
the  11th  of  August,  1766,  one  Joseph  Bryant  discovered  that 
in  the  charter  of  the  township  of  Putney,  "  only  about  two 
thirds"  of  the  names  of  the  heirs  of  Wliite  had  been  inserted. 
He  also  ascertained  that  other  names  had  been  substituted 
for  those  of  the  unlucky  one  third,  by  which  a  great  wrong- 
had  been  committed.  A  memorial  containing  this  and  kin- 
dred information,  was  in  consequence  dispatched  to  Henry 
Moore,  Governor  of  New  York.  Whether  that  official  ex- 
hibited on  this  occasion  a  disposition  as  yielding  as  that 
which  characterized  the  conduct  of  Governor  Wentworth,  it  is 
impossible  to  say.  As  to  the  frauds  which  were  afterwards 
practised    by   means   of    John    White's    neglected    title,   old 


108  HISTOKY   OF   EASTERN   VEEMONT.  [1750-1 YYO. 

manuscripts,   soiled  land  papers,   and  formal   depositions  are 
silent.* 

Soon  after  tlie  charter  of  Fulham  was  granted,  John  Kathan, 
who  had  resided  within  the  limits  of  the  town  since  the  year 
1752,  united  with  a  number  of  persons,  purchased  in  conjunc- 
tion with  them,  from  the  New  Hampshire  proprietors,  a  part  of 
the  township,  and  in  the  year  1Y54:,  according  to  his  own  account, 
removed  there,  "  with  his  wife  and  seven  or  eight  helpless  cliil- 
dren."  Possessing  the  qualities  of  industry  and  perseverance 
— qualities  esj^ecially  necessary  to  the  successful  management  of 
a  new  settlement,  he  addressed  himself  with  energy  to  his  task, 
and  "  did  actually  clear  and  improve  above  a  hundred  and  twenty 
acres,  and  built  a  good  dwelling-hoiTse,  barn,  and  all  necessary 
oflSces,  and  also  a  saw  mill,  and  potash  works."  In  order  to 
guard  his  improvements,  he  was  "  at  a  considerable  expense  in 
building  a  fort  round  his  house,"  and  was  "  under  the  disagree- 
able necessity  of  residing  therein  during  the  course  of  a  tedious 
and  distressing  war."     Misfortime  rendered  his  toil  more  severe. 

*  MSS.  in  connection  -with  a  deposition  made  by  Israel  Williams,  June  29th, 
1786.  Deposition  of  Joseph  Blanchard,  dated  Amherst,  N.  H.,  August  7th,  1787. 
Petition  of  Joseph  Bryant,  dated  August  11th,  1766,  in  Colonial  MSS.,  Land 
Papers,  office  Sec.  State,  N.  Y.,  vol.  xxi.  To  the  MS.  "  Records  of  the  public 
Proceedings  of  the  Town  of  Dumerston,  alias  Town  of  FuUham,"  the  annexed 
account  of  the  circumstances  attending  the  early  history  of  that  proprietary  is 
prefixed  as  an  "  Introduction." 

"  The  tract  of  land  called  Dumerston  is  a  part  of  the  tract  of  land  on  the 
west  side  of  Connecticut  river,  formerly  granted  to  Connecticut  government 
as  an  equivalent  for  some  lands  which  the  province  of  Massachusetts  Bay  had 
granted  to  their  planters,  which  upon  inquiry  was  found  to  be  within  the 
government  of  Connecticut :  in  order  to  secure  the  property  of  y«  soil  to  the 
Massachusetts  planters,  that  government  granted  to  Connecticut  the  property  of 
sundry  tracts  of  their  province  land,  one  of  which  was  the  tract  here  mentioned, 
which  the  government  of  Connecticut  sold  to  sundry  private  gentlemen,  among 
whome  were  the  late  Honourable  Wm.  Dumer  &  [Anthony]  Stoder,  Esq.,  whose 
heirs  are  now  the  proprietors  of  one  half  of  the  whole  tract  on  Connecticut  river, 
supposed  to  contain  48,000  acres.  The  said  Wm.  Dumer  being  the  oldest  pro- 
prietor, the  tract  was  called  after  him.  The  name  is  now  kept  up  in  acknowledge- 
ment of  the  title  from  the  original  grant  of  the  Massachusetts  government,  which 
is  the  title  the  land  is  now  held  by.  On  the  settlement  of  the  jurisdictional  line 
of  the  province  of  Massachusetts  Bay  with  that  of  New  Hampshire,  the  tract  of 
land  here  mentioned  fell  within  the  limits  of  New  Hampshire  government,  which 
incorporated  the  whole  into  three  townships,  including  in  the  middle  townships, 
the  greatest  part  of  the  lands  belonging  to  the  heirs  of  Wm.  Dumer  <fe  [Anthony] 
Stoder,  and  called  the  name  of  it  Fullham,  by  virtue  of  which  the  privileges  of  a 
town  are  now  held :  besides  the  town  of  Fullham,  what  is  known  by  the  name 
of  Dumerston  includes  nearly  one  half  of  the  town  of  Putney." — Records,  1773, 
1774,  p.  10.     Appendix  to  Deming's  Catalogue,  p.  142. 


1750-1770.]  TOWNSHIP   OF   CHESTER.  109 

His  eldest  daughter  was  taken  prisoner  by  the  Indians.  For  two 
years  and  a  half  he  knew  nothing  of  her  fate,  but  at  the  end  of 
that  time  she  returned  home,  Col.  Peter  Schuyler  having  "  paid  a 
ransom  of  four  hundred  livres  for  her  redemption  from  captivity." 

In  the  year  1752,  a  feriy  was  established  between  Westmore- 
land, ISTew  Hampshire,  and  the  proprietary  of  Dummerston,  and 
about  the  same  period  a  similar  method  of  communication  was 
arranged  between  the  latter  place  and  the  town  of  Chesterfield. 
The  settlement,  although  much  distm-bed  by  the  war,  was  not 
allowed  to  die,  and  a  few  years  after  the  restoration  of  order, 
John  Kathan  and  his  eighteen  associates  with  their  families 
were  rapidly  subduing  the  forests  of  Fulham,  and  accomplish- 
ing the  conditions  of  their  charter. 

To  John  Baldridge  and  others  the  lands  now  comprised  in 
the  township  of  Chester,  were  granted  on  the  22d  of  February, 
1754,  by  the  name  of  Flamstead.  Under  this  first  New  Hamp- 
shire charter  no  settlements  were  made,  and  by  this  neglect 
the  proprietors  no  doubt  forfeited  their  rights.  A  second 
charter  to  Daniel  Hayward  and  his  associates,  issued  by  the 
same  province  on  the  3d  of  November,  1761,  gave  to  the  town 
the  name  of  Kew  Flamstead,  and  divided  it  into  seventy-four 
equal  shares.  Under  this  charter  the  proprietors  held  a  num- 
ber of  meetings,  but  none  in  Chester  until  about  the  year  1764. 
Their  first  appointed  clerk  was  John  Goulding,  who  held  that  office 
from  1761  to  1763.  In  the  latter  year,  Thomas  Chandler  Sen., 
who  being  interested  in  the  settlement  of  Walpole,  !New  Hamp- 
shire, had  been  appointed  a  selectman  of  that  town,  turned 
his  attention  towards  the  colonization  of  JSTew  Flamstead. 
His  son,  Tliomas  Chandler  Jr.,  was  chosen  to  succeed  John 
Goulding,  and  was  clerk  until  the  year  1767.  During  the  year 
1763,  the  elder  Chandler,  wath  his  sons  John  and  Thomas 
Chandler  Jr.,  removed  to  New  Flamstead,  and  was  followed 
by  Jabez  Sargeant,  Edward  Johnson,  Isaiah  Johnson,  Charles 
Mann,  William  Warner,  Ichabod  Ide,  and  Ebenezer  Ilolton, 
from  Woodstock,  Connecticut,  and  Worcester  and  Maiden, 
Massachusetts.  The  first  birth  in  the  town  was  that  of  Thomas 
Chester  Chandler,  on  the  26th  of  December,  1763.  By  a  third 
charter  issued  by  New  York  on  the  14th  of  Jvily,  1766,  Thomas 
Chandler  Sen.  and  his  associates  became  proprietors  of  the 
town,  and  its  name  was  changed  to  Chester.  Under  this  patent 
the  town  was  organized  in  June,  1767,  and  by  authority  derived 
from  it,  lands  in  Chester  are  now  held. 


110  HISTORY   OF   EASTERN   VEEMOKT.  [1Y50-1YT0. 

The  town  of  Guilford  was  chartered  by  New  Hampshire  on 
the  2d  of  April,  lY5i,  to  fifty-four  proprietors,  principally  from 
Massachusetts.  The  account  of  the  early  civil  and  political  con- 
dition of  this  town,  given  by  Thompson  in  his  "  Gazetteer  of 
Yermont,"  is  in  the  words  following  : — "  When  granted,  the  town 
was  a  perfect  wilderness,  yet  by  the  charter,  the  grantees  were 
to  hold  their  first  meeting  for  the  choice  of  oflicers,  etc.,  on  the 
1st  of  May,  1754,  and  on  the  first  Tuesday  of  March  ever  after- 
wards. It  seems  the  town  was  first  organized  by  and  under 
the  very  grant  itself.  Power  was  given  to  the  grantees  to  tran- 
,sact  the  business  of  the  town  as  a  majority  should  see  fit, 
subject  only  to  the  control  of  the  Parliament  of  England. 
Tliis  little  enterprising  band,  composed  of  Samuel  Hunt,  John 
Chandler,  David  Field,  Elijah  Williams,  Micah  Kice,  Ira  Car- 
penter, and  others,  having  little  to  fear  from  the  nominal  power 
of  Parliament,  in  the  wilderness  of  Vermont,  assumed  the 
title,  which  was  virtually  created  by  their  charter,  of  a  little 
independent  Kepublic.  By  the  records  of  their  first  meetings, 
they  appear  to  have  been  governed  by  certain  committees, 
chosen  for  the  purpose  of  surveying  the  lands,  laying  out  roads, 
drawing  the  shares  or  lots,  taxing  the  rights,  etc.,  but  their 
greatest  object  was  to  procure  and  encourage  settlers.  Their 
meetings  were  held  at  Greenfield,  ]N"orthfield,  Hinsdale,  or 
Brattleborongh,  until  1765,  when  their  first  meeting  was  held  at 
Guilford.  There  was  a  condition,  which,  if  not  performed, 
went  to  defeat  the  grant.  Tlie  grantees  were  to  settle,  clear 
and  cultivate,  in  five  years,  five  acres  for  every  fifty  in  said 
township.  Although  much  time  and  money  were  spent  in 
making  roads  and  clearing  lands,  yet  on  the  20th  of  March, 
17G1,  the  grantees,  by  a  special  committee  chosen,  petitioned 
the  Governor  of  New  Hampshire  for  a  confirmation  of  their 
o-rant,  and  an  extension  of  the  time,  stating  that  the  interven- 
tion of  an  Indian  war  had  made  it  impracticable  for  them  to 
fulfil  the  conditions  of  the  charter.*  Tlieir  prayer  was  granted, 
and  the  time  for  settling  the  town  extended  to  the  1st  of 
January,  1766.  From  the  time  the  charter  was  confirmed  in 
17G1,  tiie  town  began  to  be  rapidly  settled  by  emigrants  from 
Massachusetts  and  other  New  England  provinces.     Through 


*  The  charter  of  Guilford  was  renewed  and  extended  on  three  different  occa- 
sions.  The  first  extension  was  dated  July  6th,  1761,  the  second,  March  20th, 
1764,  and  the  third,  June  "(th,  1764. 


1750-1 T70.]      TOWNSHIPS   OF   GUILFORD   AND    GEAFTON.  Ill 

the  policy  of  the  original  proprietors,  the  fii'st  settlers  begau 
upon  lots  of  fifty  acres,  in  order  to  fulfil  the  condition  of  the 
grant.  So  rapid  was  the  increase  of  population,  that  the  town 
soon  became  the  largest  in  the  state  as  to  numbers.  Yet  there 
was  not  a  single  village  in  the  township,  or  rather,  the  whole 
township  was  a  village — all  the  hills  and  valleys  were  smoking 
with  huts." 

In  this  township,  three  hundred  and  fifty  acres  constituted  a 
share.  The  usual  reservations  for  public  purposes  were  made, 
but  the  governor's  right  was  located  upon  the  only  mountain  in 
the  township,  from  which  circumstance  the  elevation  has  since 
been  known  as  "  Governor  Mountain."  Although  the  conduct 
of  the  proprietors  was  in  general  fair  and  generous,  yet  in  one 
instance  love  of  gain  appears  to  have  predominated  over  scru- 
pulous honesty.  Not  content  with  obtaining  good  prices  for 
the  land  contained  within  their  grant,  they  located  and  sold 
"  one  whole  tier  of  hundred  acre  lots,  north,  beyond  the  extent 
of  their  charter,"  and  to  this  day  these  lots  are  comprised  with- 
in the  limits  of  the  town.  The  first  land  was  cleared  in  1758, 
by  Jonathan  and  Elisha  Hunt,  on  the  farm  since  occupied  by 
the  Rev.  Asa  Haynes.  Tlie  first  settlement  was  made  in  Sep- 
tember, 1761,  by  Micah  Rice  and  family,  on  the  place  since 
occupied  by  Jeremiah  Greenleaf.  These  adventurers  were  fol- 
lowed by  Jonathan  Bigelow,  John  Barney,  Daniel  Lynds,  William 
Bigelow,  Ebenezer  Goodenough,  Paul  Chase,  Thomas  Cutler, 
John  Shepardson,  and  others.  "  They  came  into  town  by  the 
way  of  Broad  Brook.  Beginning  at  the  mouth  of  that  stream 
on  Connecticut  river  in  Yernon,  and  passing  up  on  its  banks, 
they  found  their  way  into  Guilford,"  This  road,  although  the 
only  one  by  which  the  town  could  then  be  reached,  was  im- 
passable with  teams,  and  the  settlers,  for  some  time,  were  com- 
pelled either  "  to  boil  or  pound  their  corn,  or  go  fifteen  miles 
to  mill  with  a  grist  upon  their  backs."  Such  are  some  of  the 
circumstances  pertaining  to  the  early  settlement  of  Guilford. 

The  town  of  Grafton  was  granted,  on  the  8th  of  April,  1754, 
to  Jonathan  "Whitney,  William  Holt,  Nathaniel  Harris,  and 
sixty-one  associates,  by  the  name  of  Thomlinson,  and  was  the 
last  town  chartered  by  New  Hampshire  previous  to  the  breaking 
out  of  the  French  war.  On  the  9th  of  July,  1761,  the  time  for 
fulfilling  some  of  the  conditions  of  the  charter  was  extended. 
A  new  charter  was  granted  on  the  1st  of  September,  1763,  to 
the  same  persons  who  had  held  the  former  one,  and  the  old  name 


112  mSTOEY   OF   EASTERN   YEEMONT.  [1750-1770. 

was  retained.  In  tlie  year  1768,  a  Mr.  Hinkley  and  his  family, 
■with  two  other  families,  removed  to  the  township,  and  began  a 
settlement  on  what  was  afterwards  called  Hinkley  Brook.  They 
soon  abandoned  their  undertaking,  and  from  that  time  there 
was  no  permanent  settlement  within  the  borders  of  the  town 
until  the  year  1780.  The  name  Grafton  was  substituted  for 
that  of  Tliomlinson  on  the  31st  of  October,  1791. 

Hartford,  the  first  township  granted  by  New  Hampshire  east 
of  the  Green  Mountains  after  the  close  of  the  French  war,  was 
chartered  on  the  4:th  of  July,  1761.  The  original  grantees,  sixty- 
four  in  number,  were  principally  from  Lebanon,  Connecticut. 
Prince  Tracy,  James  Pinneo  Jr.,  and  Jonathan  Marsh  consti- 
tuted the  proprietors'  committee.  Within  a  few  months  after 
the  charter  was  obtained,  sixty-four  fifty  acre  lots  were  laid  out, 
one  of  which  was  given  to  each  proprietor  to  hold  in  severalty. 
In  1763,  the  township  was  surveyed,  and  proper  marks  were 
placed  at  the  corners,  and  between  the  corners  at  the  end  of 
every  mile.  At  the  same  time  allowance  was  made  for  highways, 
and  some  of  them  were  partially  prepared  for  use.  These  im- 
provements occupied  a  part  of  the  summer,  and  were  made  by 
ten  of  the  grantees.  In  the  summer  of  1761,  the  same  j)ersons 
renewed  their  exertions,  and  in  that  year,  Elijah,  Solomon,  and 
Benajah  Strong  emigrated  with  their  families  from  Lebanon, 
Connecticut,  and  made  the  first  permanent  settlement.  Tliey 
were  followed  during  the  next  year  by  twelve  other  families, 
and  on  the  8th  of  March,  1768,  the  town  was  regularly  organized. 
Tlie  first  child  born  in  town  was  Poger,  son  of  Ebenezer  Gillett. 
Tliis  event  occurred  on  the  6th  of  August,  1767.  From  the 
time  the  town  was  chartered  until  its  organization,  the  proprie- 
tors displayed  much  energy  in  efi'ecting  a  settlement,  and  by 
their  strenuous  efforts  the  requisitions  of  the  charter,  under 
which  they  held,  were  faithfully  fulfilled. 

On  the  4th  of  July,  1761,  under  a  patent  from  IS'ew  Hamp- 
shire, the  township  of  I^orwich  was  granted  by  the  name  of 
Norwhich,  to  Eleazer  "Wales  and  his  associates,  and  was  organ- 
ized in  Connecticut  on  the  26th  of  August  following.  In  1762, 
the  township  was  apportioned  by  lot.  Although  at  that  time 
the  neighboring  country  was  for  miles  around  covered  with 
untrodden  wildernesses,  yet  this  did  not  deter  the  advance  of 
civilization.  A  few  years  later,  cottages  and  cabins  had  sprung 
up  in  Norwich ;  and  at  Lebanon  and  Hanover,  in  New  Hamp- 
shire, patches  of  cleared  ground  bore  witness  to  the  presence  of 


1750-17T0.]  PLYMOUTH,    BEADING,    WIISTDSOR.  ^        113 

the  sturdj  pioneer.  The  first  settlers  in  Norwich  were  Jacob 
Fenton,  Ebenezer  Smith,  and  John  Slafter  from  Mansfield, 
Connecticut,  Jacob  Burton  and  Asa,  his  son,  from  Stonington, 
in  the  same  province,  and  the  Messenger  and  Hutchinson 
families.  In  1766,  a  saw  mill  was  built  by  the  Burtons,  a  little 
west  of  iSTorwich  plain,  and  from  that  period  the  growth  of  the 
town  was  constant  and  certain.* 

Plymouth,  the  next  town  chartered  by  Kew  Hampshire,  w^as 
granted  to  Jeremiah  Hall,  John  Grimes,  and  sixty-two  other 
proprietors,  by  the  name  of  Saltash,  on  the  6th  of  July,  1761. 
The  township,  although  early  surveyed  and  divided  under  the 
original  charter,  was  regranted  by  IsTew  York  on  the  13th  of 
May,  1772,  to  Ichabod  Fisher.  No  settlement  was  commenced 
within  its  limits  until  the  year  1777,  and  the  town  was  not 
organized  until  ten  years  later.  On  the  23d  of  February,  1797, 
the  name  of  Saltash  was  superseded  by  that  of  Plymouth. 

The  township  of  Eeading  was  chartered  by  New  Hampshire 
on  the  same  day  on  which  Saltash  received  its  patent,  but  could 
not  boast  of  any  inhabitants  until  the  year  1772,  when  Andrew 
Spear  and  his  family  moved  thither  from  "Walpole,  New  Hamp- 
shire. For  several  years  they  were  the  only  residents  in  the 
place.  The  original  grantees  were  Zedekiah  Stone,  Israel 
Stowell,  Jonathan  Hammond,  and  their  associates  to  the  num- 
ber of  fifty-nine.  On  the  6th  of  March,  1772,  the  township  w^as 
granted  by  New  Tork  to  Simon  Stevens  and  others.  It  was 
organized  on  the  30th  of  March,  1780.  A  saw  mill  was  built 
during  the  same  year,  and  Eeading  became  a  thriving  settle- 
ment. 

Windsor,  the  date  of  whose  charter  is  the  same  as  that 
of  the  two  preceding  to^vns,  was  granted  to  Samuel  Ashley, 
Jacob  Cummings,  and  fifty-seven  other  persons,  who  immedi- 
ately organized  as  a  proprietary  body,  and  "  proceeded  to  sur- 
vey, make  a  plan  of,  and  allot  the  town,"  Tlie  first  permanent 
settlement  was  commenced  by  Capt.  Steele  Smith,  who  with  his 
fiimily  removed  from  Farmington,  Connecticut,  in  August,  176-1. 
In  the  following  spring,  "Major  Elisha  Hawley,  Capt.  Israel 
Curtis,  Deacon  Hezekiah  Thompson,  Deacon  Thomas  Cooper, 
and  some  others  "  became  inhabitants  of  the  town,  and  before 

*  A  statement  of  the  opinions  -which  obtain  respecting  the  first  settlers  of  Nor- 
-wieh  will  be  found  in  Thompson's  Vt.,  Part  III.,  p.  130,  and  in  Powers's  Coos 
Country,  pp.  137-Ul. 


114:  HISTORY   OF   EASTERN   VERMONT.  [1750-1770. 

the  close  of  the  year  1765,  the  number  of  families  in  the  new 
settlement  amounted  to  sixteen.  Before  the  arrival  of  Capt. 
Smith,  Solomon  Emmons  and  his  wife  had  built  a  hut  within 
the  town  limits,  where  they  resided,  although  they  "  had  not 
purchased  the  land,  nor  made  any  improvements  with  a  view 
to  a  permanent  settlement."  *  Windsor  was  granted  by  Kew 
York  to  David  Stone  2d,  and  his  associates,  on  the  7th  of 
July,  1766.  On  the  2d  of  March,  1772,  it  was  regranted  by 
the  same  province  to  Zedekiah  and  David  Stone,  and  their 
associates.  A  third  and  last  grant  of  the  township  was  made 
by  New  York  to  Nathan  Stone,  and  twenty-two  other  grantees, 
on  the  28th  of  March,  1772.  The  first  settlers  of  the  town 
regarded  the  Stones  with  high  respect.  Upright  in  character, 
they  were  fully  entitled  to  be  held  in  estimation.  By  their 
exertions  and  enterprise  they  increased  the  wealth  and  pros- 
perity of  Windsor,  and  rendered  it  at  an  early  period  one  of  the 
most  flourishing  and  popular  villages  on  the  "  Grants." 

Pomfret,  although  chartered  on  the  8th  of  July,  1761,  was 
not  settled  until  the  year  1770.  Its  original  proprietors  were 
sixty-six  in  number,  of  whom  Isaac  Dana  was  the  principal 
person.  Most  of  the  proprietors  were  inhabitants  of  Pomfret, 
Connecticut.  The  name  of  Israel  Putnam  stands  conspicuous 
in  the  list,  but  except  as  one  of  the  grantees,  he  appears  to  have 
had  no  share  in  the  settlement  of  the  township.f 

Tlie  township  of  Hartland  was  originally  granted  by  New 
Hampshire  to  Samuel  Hunt  and  his  associates,  by  the  name  of 
Hertford,  on  the  10th  of  July,  1761.  Its  settlement  was  com- 
menced in  May,  1763,  by  Timothy  Lull,  who  had  been  pre- 
viously living  at  Dummerston.  Having  concluded  to  remove 
to  Hertford,  he  purchased  a  log  canoe,  and  taking  with  him  his 


*  "  Mrs.  Emmons  was  the  first,  and  for  some  time  the  only  white  woman  who 
resided  in  the  town."  She  was  very  useful  to  the  early  inhabitants,  being  for  a 
long  time  the  only  midwife  within  many  miles  around.  During  the  latter  part 
of  her  life  she  was  supported  by  the  town.  Her  death  occurred  in  the  year 
1833.  To  Samuel  Smith,  a  son  of  Capt.  Steele  Smith,  is  accorded  the  privilege  of 
primogeniture  among  the  children  born  in  Windsor.  His  birth  took  place  July 
2d,  1765.  He  died  in- 1842,  aged  seventy-seven  years. — Thompson's  Vt.,  Part 
III.,  p.  194.     Appendix  to  Deming's  Catalogue,  p.  201. 

f  On  the  3d  of  July,  1766,  John  Stark  applied  to  Governor  Moore  of  New 
York,  for  a  grant  of  3000  acres  of  land  in  the  south-east  corner  of  Pomfret. 
Accompanying  his  request  was  a  certificate  from  Thomas  Gage,  signed  September 
6th,  1*765,  stating  that  Capt.  John  Stark  served  under  Capt.  Rogers  during  the 
war. — New  York  Colonial  MSS.,  Land  Papers,  July  3d,  1766,  vol  xxi. 


1750-1770.]  HARTLAKD    AJS'D    WOODSTOCK.  115 

family,  which  consisted  of  a  wife  and  four  children,  and  such 
furniture  as  they  needed,  paddled  up  Connecticut  river. 
Arriving  at  the  mouth  of  a  certain  stream  in  Hertford,  he 
anchored  his  boat  and  landed  his  family.  Taking  then  a  junk 
bottle,  he  broke  it  in  the  presence  of  his  wife  and  children,  and 
named  the  stream  Lull's  Brook — the  name  by  which  it  has  ever 
since  been  known.  Proceeding  up  the  brook  about  a  mile,  he 
came  to  a  deserted  log-hut,  situated  near  the  place  now  called 
Sumner's  village.  Here  he  commenced  a  settlement.  For 
many  years  he  suffered  privations  and  hardships, "  but  possessing 
a  strong  constitution  and  a  vigorous  mind,  he  overcame  all 
obstacles,  accumulated  a  handsome  property,  lived  respected, 
and  died  generally  lamented."  His  son  Timothy  was  the  first 
child  born  in  the  town.*  The  settlers  who  followed  Mr.  Lidl 
were  mostly  emigrants  from  Massachusetts  and  Connecticut. 
In  1765,  thirty  was  the  number  of  the  inhabitants  in  the  town. 
On  the  23d  of  July,  1766,  the  charter  of  the  town  was  confirmed 
by  New  York  to  Oliver  Willard,  and  the  grantees  associated 
with  him.  The  first  town  meeting  was  held  on  the  11th  of 
March,  1767.  Much  inconvenience  having  arisen  from  the 
similarity  between  the  name  of  Hertford  and  that  of  Hartford 
the  adjoining  town,  Hertford  was,  by  an  act  of  the  Legislature 
of  Vermont  passed  June  15th,  1782,  altered  to  Hartland,  which 
name  is  still  retained. 

Woodstock  was  established  by  charter  from  New  Hampslm*e, 
on  the  10th  of  July,  1761.  The  grantees  were  David  Page, 
and  sixty-one  associates.  On  the  5th  of  September,  1766,  a 
representation  was  made  to  the  Colonial  Assembly  of  New 
York,  by  Page  and  Jonathan  Grout  of  Petersham,  Massachu- 
setts, by  which  it  appeared  that  they,  in  company  with  a  few 
of  the  original  grantees,  purchased  of  the  rest  ten  thousand 
acres  of  land  in  Woodstock,  soon  after  the  charter  was  issued, 
and  divided  the  purchase  into  lots.  For  these  reasons  they 
requested  that  the  land  might  be  confirmed  to  them  by  charter. 
The  fate  of  this  petition  is  not  kno^vn,  but  on  the  28th  of  Febru- 
ary, 1771,  New  York  granted  the  township  to  Oliver  Willard 
and  others,  and  a  charter  to  this  effect  was  issued  on  the  3d  of 
June,  1772.  The  first  settlement  in  the  town  was  commenced 
by  James  Sanderson,  who  removed  hither  with  his  taniily  in 

*  His  birth  took  place  in  December,  l'7fi4,  and  on  this  occasion,  "  the  midvrife 
■was  dravn  by  the  father  from  Charlestown,  upon  the  ice,  a  distance  of  twenty- 
three  miles,  upon  a  handsled." — Thompson's  Yt,  Part  III.,  p.  88. 


116  HISTORY    OF   EASTERN    VERMONT.  [1750-lYTO. 

the  year  1768.  In  the  year  1Y72,  there  were  only  forty-two 
inhabitants  in  the  place.* 

Tlie  charter  of  the  town  of  Thetford  was  signed  by  Governor 
Benuing  Wentworth  of  New  Hampshire,  on  the  12th  of  August, 
1761.  The  first  settlement  within  its  borders  was  made  by 
Jolui  Chamberlain,  familiarly  known  as  "  Old  Quail  John," 
who  removed  hither  from  Hebron,  Connecticut,  in  1761.  On 
the  13tli  of  December  in  the  same  year,  his  daughter  Susannah 
was  born.  This  was  the  first  birth  in  the  town.  During  the 
year  1765,  the  Baldwin  and  Hosford  families  removed  to  Thet- 
ford.    The  town  was  organized  on  the  10th  of  May,  1768. f 

To  John  Taylor  and  sixty-one  associates,  the  charter  of 
Sharon  was  issued  by  New  Hampshire  on  the  17th  of  August, 
1761.  The  settlement  of  the  town  was  commenced  by  emigrants 
from  Connecticut,  in  1765.  Robert  Havens  and  his  family 
were  probably  the  first  persons  who  spent  the  winter  within  its 
limits.  But  little  is  known  concerning  any  of  the  pioneers  Avho 
succeeded  in  planting  a  colony  in  this  part  of  the  New  Hamp- 
shire Grants.  In  a  civil  point  of  view  the  right  of  primogeni- 
ture belongs  to  EHas  Marsh,  who  was  born  on  the  25th  of 
March,  1768.  The  town  was  organized  on  the  8th  of  March  in 
the  same  year. 

In  the  year  1753,  before  the  commencement  of  the  French 
war,  and  eight  years  previous  to  the  date  of  the  charter  of  the 
town  of  Springfield,  Daniel  Sawtell,  Jacob  Sawtell,  Oliver 
Sawtell,  Combs  House,  Samuel  Douglass,  Oliver  Farnsworth, 
Joseph  Douglass,  Noah  Porter,  Nathaniel  Powers,  Simeon 
Powers  and  Simeon  Powers  Jr.,  "  being  poor  and  indigent, 
and  unable  to  purchase  lands  in  any  of  the  inhabited  towns  of 
his  Majesty's  provinces" — while  the  lands  in  said  Springfield 
"  lay  in  the  open  wilderness,  waste  and  until'd,  without  yield- 
ing any  revenue  to  his  Majesty,  or  profits  to  his  subjects" — "  did, 
for  his  Majesty's  profit,"  as  well  as  for  the  sui)port  of  themselves, 
their  wives,  and  their  children,  "  enter  upon,  till  and  improve 
part  of  the  lands  in  said  Springfield."     During  the  war  they 

*  In  December,  1766,  Lord  Townshend  and  his  associates  petitioned  Governor 
Moore  of  New  York  for  a  grant  of  the  township  of  Woodstock  by  the  name  of 
Raynham  Hall,  promising  to  settle  and  cnltivate  it.  The  request  appears  to 
have  been  dismissed. — New  York  Colonial  MSS.,  Land  Papers,  December,  1*766, 
vol.  xxii. 

f  A  number  of  entertaining  incidents  relative  to  the  early  settlers  of  Thetford 
may  be  foimd  in  Powcrs's  Coos  Country,  pp.  144-162. 


1750-1770.]        THE   EARLY    SETTLERS    OF    SPRINGFIELD.  117 

defended  their  possessions  "  at  the  peril"  of  their  own  lives,  and 
by  the  loss  of  the  lives  of  some  of  their  "friends  and  neighbours," 
and  "  were  as  a  guard  to  those  places,"  located  further  down 
the  river,  which  "  were  exposed  to  the  rage  of  an  heathen  and 
savage  foe."  After  the  reduction  of  Canada,  and  the  defeat  of 
their  "  Popish  enemies,"  they  renewed  their  labors  with  greater 
energy,  and  succeeded  in  establishing  a  prosperous  and  attrac- 
tive settlement.  The  first  charter  of  the  town  was  issued  under 
the  seal  of  New  Hampshire,  on  tlie  20tli  of  August,  1761.  In 
the  same  year  John  Kilburn  purchased  of  the  proprietors  one 
right  containing  three  hundred  and  sixty  acres,  and  shortly 
after  "  did  enter  uj^on,  clear,  cultivate  and  till  said  lands, 
according  to  the  conditions  of  the  charter  under  which  the 
lands  were  then  held,  and  also  erected  thereon  a  dwelling- 
house."  In  17G2,  Simon  Stevens  became  an  inhabitant  of  the 
town,  and  by  his  example  and  individual  efforts,  did  much  to 
alleviate  the  wants,  and  add  to  the  happiness  of  the  settlers. 

The  governors  of  New  Hampshire  and  New  York,  in  grant- 
ing lands  on  the  New  Hampshire  Grants,  wxre  not  always  actu- 
ated by  the  purest  principles  in  the  choice  of  grantees.  In  the 
case  of  the  early  settlers  of  Springfield,  their  conduct  was  espe- 
cially worthy  of  reprobation.  At  the  conclusion  of  the  war, 
Daniel  Sawtell  and  his  associates  petitioned  Governor  Went- 
wortli  for  a  patent  of  the  lands  which  they  had  improved,  or 
for  "  such  part  thereof  as  he  should  think  fit."  From  some 
unaccountable  reason,  the  Governor  refused  to  assent  to  their 
request,  and  on  the  20th  of  August,  1761,  gave  a  charter  of  the 
whole  township  to  Gideon  Lyman  and  sixty-one  associates. 
Not  one  of  the  original  settlers  was  named  in  this  instrument, 
and  thus  they  were  placed  entirely  at  the  mercy  of  men  who 
were  at  liberty  to  dictate  whatever  terms  they  might  deem  most 
subservient  to  their  own  interests.  "  Without  any  regard  to  the 
great  dangers  and  hard  labour "  which  the  early  settlers  had 
undergone  in  maintaining  possession  of,  and  preparing  for  culti- 
vation the  lands  which  they  had  so  long  considered  their  own, 
the  New  Hampshire  grantees  sued  out  waits  of  ejectment,  and 
obtained  judgments  against  them.  Executions  were  then 
issued,  their  possessions  were  taken,  they  themselves  were 
threatened  with  imprisonment  in  default  of  the  payment  of 
the  costs  and  charges  of  the  suits  which  had  been  decided 
against  them,  and  their  lamilies  were  "  thereby  brought  to  dis- 
tress and  want."     Meantime  the  decree  of  the  King  in  Council, 


118  HISTORY    OF    EASTERN    VERMONT.  [1750-1770. 

dated  July  20th,  1764:,  had  declared  the  New  Hampshire 
Grants  to  be  within  the  province  of  Is^ew  York.  On  this  infor- 
mation the  original  settlers,  in  a  petition  dated  November  13th, 
176-4,  prayed  Lieutenant-Governor  Cadwallader  Golden  for  a 
grant  of  Springfield,  or  in  case  this  request  was  too  great,  that 
they  might  "  be  permitted  still  to  inhabit  those  lands,  and  in 
some  measure  reap  the  benefit  "  of  their  past  labor.  Li  reply, 
the  governor  stated  that  he  should  "  always  be  disposed  to 
favour  those  who  had  settled  and  cultivated  the  lands,  especially 
such  as  had  been  in  possession  for  a  considerable  time."  At  the 
same  time  he  informed  them,  that  before  proceeding  further  in 
the  matter,  he  should  be  obliged  to  receive  his  Majesty's  orders. 
Another  petition  was  j)resented,  on  the  15th  of  August,  1765,  by 
Nathaniel  Powers  and  twenty-nine  others,  of  whom  a  portion 
were  the  original  settlers,  asking  a  recognition  of  their  rights, 
but,  like  the  former,  it  met  with  a  similar  reception.  A  few 
days  subsequent  to  the  presentation  of  this  last  petition, 
Gideon  Lyman  and  his  associates  informed  the  Governor  of 
New  York  that  the  township  of  Springfield  had  been  granted  to 
them  by  New  Hampshire.  "  In  faitli  of  this  grant,"  said 
Lyman,  "  your  petitioner  and  the  other  persons  interested 
therein,  have  already  made  considerable  improvements  and  set- 
tlements" in  Springfield,  "  and  are  willing  and  desirous  to  com- 
pleat  the  settlement  thereof."  These  conflicting  petitions  seemed 
for  a  time  to  puzzle  the  Governor  of  New  York,  but  in  the  event 
the  grant  of  Springfield  was  confirmed  to  Gideon  Lyman  and 
his  associates  on  the  16th  of  March,  1772.* 

As  to  the  organization  of  this  town,  little  is  definitely  known. 
There  are  stiU  extant  two  notifications  for  town  meetings,  from 
which  the  following  information  is  derived.  One  is  dated, 
"  Province  of  New  Hampshire,"  March  1st,  1764,  and  is 
signed  by  Samuel  Scott,  Simon  Stevens,  George  Hall,  Timothy 
Spencer,  Taylor  Spencer,  and  Abner  Bisbee,  inhabitants  of 
Springfield,  It  is  directed,  "  To  Simon  Stevens,  Constable  of 
Springfield  and  Province  aforesaid,"  and  requires  him  "  In  his 
Majesty's  name"  to  "  Notifie  and  warn  y**  Freeholders  and 
other  Inhabitants  of  s"^  Town  that  are  Duely  quallified  by  Law 
to  Vote  in  Town  Meetings,  that  they  assemble  and  meet  at  y^ 
House  of  Joseph  Littles  in  Springfield  afores'd  on  Tuesday  y® 

*  N.  Y.  Colonial  MSS.,  Land  Papers,  Not.  13th,  vol.  xviii.  1764:  vol.  xix„ 
Aug.  15th,  Sept.  19th,  1765. 


1Y50-17Y0.]       THE   GRANTEES   OF   WEATHERSFIELD.  119 

13tli  of  this  Instant,  at  10  of  y«  Clock  in  y«  forenoon."  The 
object  of  the  meeting  is  stated  to  be,  "  1st,  to  Choose  a  Modera- 
tor to  govern  s^  meeting — 2dly,  to  choose  Town  Officers 
agreeable  to  Charter."  At  the  foot  of  this  paper  is  a  note  by 
the  constable,  declaring  that  he  read  the  warrant  in  town  meet- 
ing on  "  March  y^  13th,"  and  on  the  back  is  an  endorsement  of 
the  same  date,  showing  that  George  Hall  was  chosen  modera- 
tor, and  that  the  meeting  was  then  adjourned  to  the  26th  of 
the  same  month.  The  other  notification,  similar  in  form,  is 
dated  July  13th,  1764,  and  is  signed  by  Simon  Stevens  and 
Abner  Bisbee.  It  is  directed  to  Jehiel  Simmons,  and  at  the 
meeting  to  be  held  on  the  22d  current,  the  business  to  be 
attended  to,  is  "  1st,  to  Choose  a  Moderator  to  Govern  said 
meeting — 2dly,  to  see  whether  the  Town  will  accept  of  the 
Roade,  known  by  y®  name  of  Crownpoint  Roade,  which  leads 
Through  s^  Town — 3dly,  to  see  whether  the  Town  will  Repair 
said  Roade."  From  these  statements  it  may  be  reasonably 
concluded  that  the  town  was  organized  before  the  year  1761.* 

The  grantees  of  Weathersfield  were  principally  from  JSTew 
Haven,  Connecticut,  and  the  charter  of  the  township  was 
issued  by  New  Hampshire,  on  the  20th  of  August,  1761. 
From  a  report  made  by  the  proprietors  of  the  town  in  Septem- 
ber, 1765,  it  appeared  that  they  had  been  "  at  great  charge  and 
expense  in  laying  out  the  township  into  allotments,"  and  further 
that  they  had  cleared  and  cultivated  a  portion  of  the  lands 
which  they  owned,  and  erected  a  number  of  houses.  In  a 
petition  addressed  to  the  Lieut.-Governor  of  New  York,  on  the 
17th  of  October,  1766,  they  exj^ressed  a  sincere  desire  to  be 
protected  while  engaged  in  accomplishing  the  work  incident 
to  the  commencement  of  a  settlement.  Their  pioneer  histoiy, 
were  it  known,  would,  it  is  probable,  resemble  that  of  the  early 
inhabitants  of  most  of  the  towns  situated  along  the  valley  of  Con- 
necticut river.  The  colonizers  of  the  New  Hampshire  Grants 
were  men  and  women  who  were  aware  that  their  future  lives 
were  to  be  lives  of  toil  and  self-sacrifice,  and  for  this  reason 
they  were  prepared  to  grapple  with  adversity  in  whatever 
form  it  might  appear.  On  the  8th  of  April,  1772,  the  town 
was  regranted  by  the  government  of  New  York,  to  Gideon 
Lyman  and  his  associates. 

The  township  of  Fairlee,  which  formerly  included  the  towns 

*  Old  MSS.  in  possession  of  Hon.  "William  M.  Pingry. 


120  HISTORY    OF    EASTERN    VERMONT.  [1 750-1 T TO. 

now  known  as  Fairlee  and  AVest  Fairlee,  was  cliartered  by 
patent  from  New  Hampsliire,  on  the  9tli  of  September,  1761. 
Josiah  Chauncey,  Joseph  Hubbard,  and  their  associates,  were 
the  grantees.  Li  the  year  1766,  a  certain  Mr.  Baldwin,  who 
before  that  time  had  been  a  resident  of  Thetford,  removed  to 
Fairlee,  and  commenced  a  settlement  within  the  limits  of  the 
town.  According  to  the  account  of  Mr.  Thompson,  the  author 
of  the  "  Gazetteer  of  Vermont,"  Samuel  Miller,  Samuel  Bentley, 
Noah  Dewey,  Joel  White,  and  William  and  David  Thompson, 
were  inhabitants  of  the  town  in  1768.  This  statement  is  par- 
tially controverted  by  Grant  Powers,  on  the  authority  of  one 
of  the  early  settlers  of  Orford,  JSTew  Hampshire.  The  town 
was  probably  organized  in  1775,  when  Samuel  Smith  was 
chosen  town  clerk.* 

The  charter  of  Guildhall  was  issued  by  the  government  of 
New  Hampshire,  on  the  lOtli  of  October,  1761.  The  grantees 
were  Elihu  Hall  and  sixty -four  associates.  In  1761,  a  settle- 
ment was  commenced  in  the  lower  part  of  the  town,  which  was 
then  supposed  to  be  a  part  of  Lunenburgh,  by  David  Page, 
Timothy  Nash,  and  George  Wheeler.  In  1775,  Enoch  Hall, 
Micah  Amy,  and  James  Rosbrook  became  residents  of  the  town. 
Eleazer  Rosbrook  and  Samuel  Page  joined  the  little  band  of 
settlers  in  1778,  and  in  the  following  year  David  Hopkinson 
and  Reuben  and  Simeon  Howe  were  added  to  the  number. 
"  The  first  settlers,"  observes  Thompson,  "  suflfered  severe  pri- 
vations and  hardships  for  a  number  of  years.  They  brought 
their  grain  and  provisions,  in  canoes,  from  Northfield,  Massa- 
chusetts, a  distance  of  more  than  one  hundred  and  fifty  miles. 
During  the  revolutionary  war,  they  were  in  continual  alarm, 
and  were  frequently  annoyed  by  the  Indians  and  Tories,  who 
killed  their  cattle,  plundered  their  houses,  and  carried  a 
number  of  the  inhabitants  into  captivity."  The  first  town 
meeting  of  which  record  is  made,  was  held  in  March,  1785. 

The  town  of  Cavendish  was  chartered  by  the  Governor  of 
New  Hampshire,  on  the  12th  of  October,  1761.  The  principal 
grantee  was  Amos  Kimball.  In  the  following  year  a  number 
of  the  proprietors  visited  the  township,  surveyed  it,  allotted  the 
shares  in  severalty,  and,  according  to  their  own  account,  "  were 
in  great  forwardness,  when  disputes  arose,"  which  caused  them 
to    abandon  the  undertaking.      A  disposition  to    renew  this 

*  Thompson's  Vt.,  Part  III.  pp.  70,  71.     Powers's  Coos  Country,  pp.  162,  163. 


1Y50-1Y70.]  TOWNSHIP   OF   ANDOVEK.  121 

attempt  was  manifested  in  1Y65 ;  but  no  settlement  was  actually- 
made  until  1709,  when,  in  the  month  of  June,  Captain  John 
Coffein  located  his  farm  and  built  a  dwelling  in  the  north  part 
of  the  town.  During  the  war  of  the  Revolution  his  hospitable 
residence  afforded  shelter  and  refreshment  to  the  American 
soldiery  while  passing  from  Charlestown  to  the  military  posts 
on  Lake  Champlain.  In  the  north-west  part  of  the  town  was  a 
similar  stopping-place,  known  as  the  "  Twenty  miles  encamp- 
ment." Noadiah  Russell  and  Thomas  Gilbert  settled  in  Caven- 
dish in  1771,  and  shared  with  Captain  Coffein  his  wants  and 
privations.  "  For  several  years  they  struggled  hard  for  a 
scanty  and  precarious  subsistence."  So  few  were  the  mills  at 
this  period,  that  they  were  sometimes  obliged  to  travel  sixty 
miles  to  procure  "  the  grinding  of  a  single  grist  of  corn."  The 
town  received  a  charter  from  IS^ew  York,  on  the  16th  of  June, 
1772. 

On  the  29th  of  December,  1760,  soon  after  the  conquest  of 
Canada  had  been  completed,  a  number  of  the  inhabitants  of 
Lebanon  and  of  other  towns  in  Connecticut  decided  to  petition 
the  Governor  of  New  Hampshire,  for  a  grant  of  land  on  the 
west  bank  of  Connecticut  river.  Having  assembled  on  the 
12th  of  June,  1761,  and  obtained  the  names  of  those  who 
wished  to  engage  in  the  project,  they  chose  a  clerk,  and  a 
committee  to  regulate  their  mode  of  procedure.  At  a  meeting 
held  on  the  7th  of  September  following,  they  selected  two  men 
"  to  repair  to  that  part  of  the  country,"  in  which  they  wished 
to  obtain  a  grant  of  land,  and  instructed  them,  in  case  they 
should  find  a  situation  which  they  deemed  acceptable,  to  make 
their  wishes  known  to  Governor  Wentworth.  A  location 
having  been  selected,  a  charter  was  issued  by  New  Hampshire, 
on  the  13th  of  October,  granting  the  township  of  Andover 
to  Nathaniel  House  and  his  associates.  In  accordance  with  the 
charter,  a  meeting  of  the  grantees  was  convened  at  Lebanon  on 
the  -Itli  of  November  following,  and  a  clerk  for  the  town  and 
proprietors  was  chosen,  "  who  was  sworn  to  a  faithful  discharge 
of  his  duty."  On  the  10th  of  March,  1762,  another  meeting 
was  held  in  the  same  place  at  the  house  of  Joseph  Clark,  one 
of  the  grantees,  and  officers  were  chosen  for  the  ensuing  year. 
A  committee  were  also  selected  to  survey  the  town,  and  on  the 
25th  of  August  a  resolution  was  passed,  instructing  them  to 
proceed  with  the  business  which  had  been  assigned  them. 
This  they  were  able  to  perform  only  in  part,  "  by  reason  of  bad 


122  HISTOEY   OF   EASTERN   VERMONT.  [I'r50-1YY0. 

weather ;"  but  being  instructed  on  the  8th  of  March,  1763, 
to  complete  the  survey,  they  renewed  their  undertaking,  and 
three  hundred  acres  were  laid  out  for  each  of  the  proprietors, 
"  on  the  east  side  of  the  town,  by  carefully  marking  the  trees 
at  the  comers."  These  lots  were  distributed  on  the  21st  of 
IN^ovember,  by  an  indifferent  person  appointed  by  the  proprie- 
tors, and  an  account  was  taken  of  the  result.  At  the  next 
regular  meeting  of  the  town,  held  on  the  13th  of  March,  1764, 
officers  were  chosen  for  the  year  ensuing ;  "  accounts  were 
adjusted,  and  each  person's  demands  carefully  and  justly 
allowed  him  for  services  done."  On  the  5th  of  November,  a 
resolution  was  passed,  by  which  an  offer  of  fifty  acres  of  land 
was  made  to  each  proprietor  who  should  settle  in  the  town 
during  the  spring  of  the  year  1765.  Pending  this  offer  an- 
other meeting  was  held  on  the  12th  of  March,  1765,  and  a  com- 
mittee were  chosen  to  mark  out  and  clear  a  road  to  the  town. 
Measures  were  accordingly  taken  to  carry  this  proposition  into 
execution,  and  a  party  of  twenty  persons  had  already  made 
preparations  to  remove  into  the  new  township,  when  the  publi- 
cation of  his  Majesty's  Order  in  Council,  on  the  20th  of  July, 
1764,  declaring  the  western  bank  of  Connecticut  river  to  be  the 
eastern  boundary  of  N^ew  York,  caused  them  to  abandon  the 
project. 

Judging  it  prudent  "  to  consider  what  might  further  be  need- 
ful to  be  done,  to  maintain  good  order  and  submission"  in  their 
changed  circumstances,  the  proprietors  met  on  the  29th  of 
April,  1765.  After  some  discussion  they  decided  to  acquaint 
the  Governor  of  New  York  with  the  state  of  their  circum- 
stances, and  ask  for  his  "  approbation  and  protection."  In  the 
memorial  which  they  sent  to  Lieutenant-Governor  Cadwallader 
Golden,  dated  at  Lebanon,  Connecticut,  May  6th,  1765,  in  addi- 
tion to  the  facts  which  have  already  been  detailed,  they  stated 
that  they  had  expended  in  improvements  more  than  four  hun- 
dred and  sixty-two  dollars,  that  they  had  "  vendued  and  sold" 
several  of  the  rights  of  negligent  proprietors,  and  had  inserted 
the  names  of  new  proprietors  in  the  place  of  some  of  those 
whose  names  were  to  be  found  in  the  original  charter  from 
New  Hampshire.  "  Therefore,"  said  they,  "  if  it  be  consistent 
with  your  pleasure  to  incourage  us,  his  Majesty's  Liege  sub- 
jects, in  the  settlement  of  so  wilderness  a  Land  as  that  is,  and 
grant  us  also  your  Protection,  as  there  are  many  more  under 
the  Like  Circumstances,  it  may  much  inlarge  the  Province, 


1750-1770.]  THE   TOWNSHIP    OF   BKADFORD.  123 

and  his  Majesty's  English  settlements."  "  And  we  cannot  but 
Rejoice,"  they  continued,  "when  we  so  fully  persuade  our- 
selves that  youi-  Excellency's  highest  ambition  is  to  strengthen 
and  enlarge  all  our  late  acquisitions  by  Eegular  and  Industrious 
Inhabitants;  and  when  once  you  shall  please  to  make  your 
Pleasure  known  to  us,  we  shall  with  all  Readiness  Comply 
therewith  ;  and  if  it  be  your  Pleasure  to  ratify  to  us  those 
Lands  we  once  supposed  stood  fair  for  us  to  settle,  we  shall  un- 
doubtedly soon  (as  some  other  Towns  have  Done)  Make  consi- 
derable Improvements  thereon.  But,  notwithstanding  our  ear- 
nest wishes,  we  do  Heartily  and  Freely  submit  the  same  to  your 
Wisdom  and  Prudence."  For  a  long  time  this  petition  re- 
mained unnoticed,  and  although  the  Council  of  Kew  York,  on 
the  15th  of  June,  1772,  recommended  the  issuing  of  a  confirma- 
tory grant  of  this  and  several  other  townships,  whenever  "  his 
Majesty's  Instructions"  should  allow  of  such  a  course,  yet  the 
patent  was  never  conferred.* 

In  the  year  1768,  Shubael  Geer  and  Amos  Babcock,  with 
their  families,  became  residents  of  the  town.  During  their 
stay,  which  was  short,  William,  son  of  Shubael  Geer,  was  born. 
After  the  departure  of  these  families  no  attempt  to  effect  a  set- 
tlement in  Andover  was  made  until  after  the  commencement 
of  the  Revolution. 

The  charter  of  the  township  of  Bradford  was  issued  by  Sir 
Henry  Moore,  Governor  of  New  York,  on  the  7th  of  Novem- 
ber, 17G6.  John  French  and  his  associates  were  named  as  the 
grantees  in  the  patent.  After  the  death  of  French,  William 
Smith  and  his  associates  applied  for  a  grant  of  the  township 
and  received  a  new  charter  on  the  2Sth  of  March,  1770.  At 
the  same  time  the  name  of  the  town  was  changed  to  Moore- 
town,  as  a  compliment  to  the  governor.  On  the  23d  of  Octo- 
ber, 1788,  the  name  was  again  altered  to  Bradford  by  an  act  of 
the  Legislature  of  Vermont.  The  first  settlement  within  the 
limits  of  the  town  was  made  in  1765,  before  the  first  charter 
was  issued,  by  John  Hosmer  or  Osmer,  who  located  his  cabin 
near  the  mouth  of  Wait's  river,  on  the  north  bank.  During 
the  following  year  Samuel  Sleeper  and  Benoni  Wright  com- 
menced a  settlement  near  Connecticut  river,  about  a  mile  and 
a  half  from  the  north  bounds  of  the  town.     According  to  some 

*  N.  Y.  Colonial  M3S.,  Land  Papers,  May  6th,  1765,  vol  xviii.  Doc.  Hist.  N. 
Y.,  iv.  786. 


124  HISTOET    OF    EASTERN    VERMONT.  [1Y50-1770. 

statements  it  would  seem  tliat  there  were  but  ten  families  in 
the  town  in  17Y1.  In  an  account  of  the  condition  of  Bradford, 
communicated  to  Governor  Moore  in  1770,  it  is  stated  that  at 
that  time  the  town  contained  thirty  families.  In  the  same  ac- 
count particular  mention  is  made  of  "  Sleeper's  house,"  on  Con- 
necticut river.  Andrew  B.  Peters  became  a  resident  of  Brad- 
ford in  1771,  and  in  the  following  year  the  first  gi'ist-mill  was 
built  by  John  Peters,  on  the  south  side  of  Wait's  river.  In 
consequence  of  the  careless  manner  in  which  the  lands  in  this 
township  were  surveyed  and  granted,  much  trouble  and  vexa- 
tious litigation  arose.  The  history  of  many  of  the  neighboring 
towns  discloses  similar  disputes  concerning  boundary  lines  and 
conflicting  grants.  An  account  of  proceedings  of  this  nature, 
although  it  might  prove  entertaining  to  those  curious  in  disen- 
tangling the  intricacies  of  land  titles,  would  not  possess  an  inte- 
rest suihciently  general  for  these  narrative  pages,  and  is  there- 
fore omitted. 

Of  the  other  towns  comprised  in  the  eastern  section  of  Ver- 
mont, to  which  reference  has  not  been  made,  none,  it  is  be- 
lieved, were  settled  before  the  year  1770,  with  the  exception  of 
Newbury.*  The  arrow-heads  and  domestic  implements  of  a 
rude  manufacture,  which  have  been  found  within  the  limits  of 
this  town,  aiford  conclusive  evidence  that  it  must  have  been  at 
an  early  period  the  site  of  an  Indian  village.  Gen.  Jacob  Bay- 
ley  of  Newbury,  Massachusetts,  was  probably  the  first  white 
settler.  In  a  letter  written  by  him  from  Newbury,  Vermont, 
on  the  3d  of  October,  1768,  he  remarked : — "  'Tis  but  seven 
years  since  I  struck  the  first  stroke  here,  at  which  time  there 
was  not  one  inhabitant  on  the  river  for  seventy  miles  down, 
none  eastward  for  sixty,  none  between  us  and  Canada,  and  now 
almost  all  the  Lands  are  settled  and  settling  in  almost  every 
town  on  the  east  side  of  the  river."  It  does  not  appear  that 
Gen.  Bailey  was  a  resident  of  the  town  until  1764.  In  October 
of  that  year  he  brought  his  family  to  Newbury,  and  thence- 
forward until  the  time  of  his  death,  at  the  age  of  eighty-nine^  in 
March,  1815,  he  devoted  himself  with  cheerfulness  and  assiduity 
to  the  service  not  only  of  his  adopted  town  but  of  his  country. 

*  Attempts  were  doubtless  made  at  an  early  period,  to  effect  settlements  north 
of  Newbury.  In  1766,  Jonathan  Grout  of  Petersham,  Massachusetts,  declared  that 
he  and  his  associates  had  cultivated  lands  in  the  town  of  L^^ne^burgh,  which 
town,  according  to  his  statement,  was  "  Thirty  Miles  Higher  up  Connecticut 
River  than  any  other  Settlement  on  Said  River." 


1750-1770.]  SETTLEMENT   OF   NEWBUEY.  125 

In  March,  1702,  Samuel  Sleeper,  a  Quaker  preacher  from 
Ilainptou,  New  Hampshire,  moved  with  his  family  into  New- 
bury. He  was  in  the  employ  of  Gen.  Bailey,  and  seems  to  have 
borne  the  character  of  a  good  citizen,  until  being  unduly  "  moved 
by  the  spirit,"  he  began  to  create  disturbance  by  interrupting 
the  minister  while  preaching,  with  laudatory  and  condemnatory 
exclamations.  Various  persuasive  means  were  employed  to  in- 
duce him  to  alter  his  behavior,  but  without  success.  One  of  his 
followers,  a  certain  Benoni  Wright,  was  even  more  obstrej)erous 
than  his  master.  Punishment  was  at  last  resorted  to,  and  was 
followed  by  good  effects.  Wright  received  "  ten  lashes,  weK 
laid  on."  Sleeper  was  confined  in  a  cellar,  and  when  releas- 
ed, was  informed  that  he  would  "  receive  thirty  lashes  in  full 
tale"  should  he  continue  to  exhibit  his  peculiar  propensions. 
Finding  that  they  could  not  enjoy  the  license  to  which  they 
deemed  themselves  entitled,  Wright  and  Sleeper  removed  to 
Bradford  in  1766.  Three  other  persons,  with  their  families, 
came  into  the  town  from  New  Hampshire  during  the  year  1762, 
namely,  Tliomas  Chamberlain  of  Dunstable,  Richard  Chamber- 
lain of  Hinsdale,  and  John  Hazleton  of  Hampstead.* 

The  charter  of  Newbury  was  issued  by  Governor  Benning 
Wentworth  of  New  Hampshire,  on  the  ISth  of  March,  1763. 
The  grantees  were  Jacob  Bayley  and  seventy-four  associates. 
The  first  meeting  for  the  choice  of  town  oflicers  was  held  at 
Plaistow,  New  Hampshire,  on  the  13th  of  June,  1763.  Jesse 
Johnson  was  chosen  town  clerk,  Caleb  Johnson,  constable,  and 
Jacob  Kent,  Benjamin  Emerson,  and  John  Hazen,  selectmen. 
The  proprietors,  also,  voted  to  unite  with  the  inhabitants  of 
Haverhill  "  in  paying  a  preacher  for  the  term  of  two  or  three 
months,"  dm*ing  the  following  "  fall  or  winter."  Tlie  arrival  of 
Noah  White,  Thomas  Johnson,  and  Jacob  Kentf  in  this  year, 

*  Betsey,  daughter  of  Johu  Hazleton,  was  the  first  chiki  born  in  the  town.  Her 
birth  took  place  in  l^iQZ.  In  the  same  year  was  born  the  first  male  child,. Jacob 
Bayley  Chamberlain,  son  of  Thomas  Chamberlain.  Agreeable  to  a  promise  of  the 
original  proprietor,  tliat  the  mother  of  the  first  male  child  should  be  entitled  to  a 
bounty  of  one  hundred  acres  of  land,  the  premium  was  awarded  to  Mrs.  Chamber- 
lain. Betsey  Hazleton  "  was  the  wife  of  the  famous  Nehemiah  Lovewell,  who 
bravely  fought  at  Bunker  Hill  and  other  places."  She  died  Nov.  19th,  18.50,  aged 
eighty-seven  years. — Thompson's  Vt.,  Part  III.  p.  124.  Appendix  to  Deming's 
Catalogue,  p.  IGo. 

f  <Jol.  Jacob  Kent  was  born  at  Chebacco,  Mass.,  June  llth,  1726,  and  Mary 
White,  his  wife,  was  born  at  Plaistow,  N.  H.,  August  14th,  1736.  Mrs.  Kent  sur- 
vived her  husband  many  years,  and  lived  to  a  great  age. — Powers's  Coos  Country, 
p.  50. 


126  mSTOKT    OF   EASTERN   VERMONT.  [1750-1770. 

gave  a  new  impetus  to  the  settlement ;  James  Abbott,  Jolm 
Taplin,  Frye  Baylej,  and  Ebenezer  White,  were  also  among  the 
early  settlers,  and  rendered  valuable  assistance  in  advancing  the 
interests  of  the  town.  The  first  meeting  in  ISTewbury  for  the 
election  of  town  officers,  was  held  on  the  12th  of  June,  1764. 
Jacob  Kent  was  chosen  town  clerk,  John  Hazleton,  constable, 
and  Jacob  Bayley,  Jacob  Kent,  and  James  Abbott,  selectmen. 
Thi'ough  the  instrumentality  of  the  Rev.  Peter  Powers,  of  Hol- 
lis,  New  Hampshire,  a  church  was  organized  in  ISTewbury  dur- 
ing the  fall  of  1764.  On  the  24th  of  January,  1765,  Mr.  Powers 
was  sohcited  to  "  take  the  spiritual  charge  of  this  newly  consti- 
tuted church  and  society  in  the  wilderness."  He  accepted  the 
call  on  the  1st  of  Febniary  following,  and  on  the  27tli  of  the 
same  month,  preached  his  own  installation  sermon  at  Holhs, 
New  Hampshire. 

For  the  purpose  of  securing  the  title  to  the  lands  in  the  town- 
ship of  Newbury,  Gen,  Bayley  obtained  from  Governor  William 
Tryon  of  New  York,  a  confirmation  charter.  By  the  terms 
of  this  instrument,  which  was  dated  March  17th,  1772,  Bailey 
and  twenty-four  associates  were  constituted  grantees  in  trust  for 
the  proprietors  and  settlers  under  the  New  Hampshire  char- 
ter. The  whole  trust  was  afterwards  assigned  to  Bailey, 
who  gave  a  bond  to  deed  the  lands  to  those  to  whom  they 
belonged. 

With  the  cessation  of  French  aggressions,  Indian  hostilities 
had  now  come  to  an  end.  The  adventurer,  as  he  paddled  his 
canoe  up  Connecticut  river,  with  his  little  stock  of  baggage 
and  provisions,  feared  no  longer  the  ambush  on  the  shore ;  and 
the  emigrant  in  his  new  home,  lay  down  to  sleep,  feeling  sure 
that  no  midnight  foe  was  near  to  plunder  and  destroy.  Induce- 
ments to  settle  in  the  new  territory  were,  it  is  true,  not  as 
great  as  they  had  been  represented  by  unprincipled  specula- 
tors. The  soil  on  the  banks  of  the  Connecticut  was  fertile,  and 
the  mountains  were  well  wooded,  but  the  cHmate  was  severe, 
and  for  many  years  nothing  but  a  bare  subsistence  could  be 
expected  in  return  for  the  most  painful  toil.  Still  the  men  and 
women  who  left  their  homes  in  Massachusetts  and  Comiecticut, 
to  extend  civilization  and  the  arts  of  peace,  knew  well  the 
nature  of  their  undertaking.  Though  some  quailed  beneath 
the  burdens  which  want  compelled  them  to  bear,  there  were 
but  few  who  by  reason  of  their  sufierings  relinquished  their 
design,  or  who,  from  their  own  experience,  warned  their  friends, 


1750-1770.]  AUTHOErriES.  127 

who  were  hesitating  whetlier  to  join  tliem  or  abide  at  home, 
to  pursue  the  latter  course.* 

*  New  York  Colonial  MSS.,  in  ofl5ce  Sec.  State,  N.  Y.,  Land  Papers,  November 
13th,  1764,  May  7th,  1765,  vol.  xviii. :  August  loth,  17th,  23d,  September  19th, 
28th,  1765,  vol  xix. :  October  9th,  28th,  30th,  31st,  November  2d,  1765,  Febru- 
ary 3d,  July  18th,  1766,  vol.  XX.:  June  25th,  July  14th,  loth,  16th,  September 
oth,  October  6th,  1766,  vol.  xxi. :  October  I7th,  November  3d,  December  2d, 
1766,  vol.  xxii.  Council  Minutes,  in  office  Sec.  State,  N.  Y.,  1764r-1772,  October 
7th,  1766,  vol  xxix.  Thompson's  Vt.  Gazetteer,  ed.  1824,  pp.  230,  260.  Thomp- 
son's Vt,  ed.  1842,  Part  III,  pp.  8,  29,  47,  6S, '74,  19,  80,  87,  88,  124,  130,  140, 
142,  147,  150,  160,  171,  176,  194,  198.  Appendix  to  Deming's  Catalogue  of 
Vt.  Officers,  pp.  135,  147,  151,  168,  173,  Doc.  Hist.  N.  Y.,  iv.  686.  Powers's  Coos 
Country,  passim. 


CHAPTER  YL 

OEGANIZATION   OF   CUMBEKLAXD   COIINTY 

Early  Boundaries  of  New  York — Controversy  concerning  the  New  Hamp- 
shire Grants — Proclamations  of  Lient.-Gov.  Golden  and  Gov.  Wentworth — 
Order  in  Council — "  Unlimited  County  of  Albany" — Proposals  to  establish 
Counties  on  the  "Grants." — Additional  Officers  appointed  in  Albany  County — 
Cumberland  County  established  by  Charter — Provisions  of  the  Charter — Road 
Law — Bradford — Extravagant  Grants  by  the  Crown — Repeal  of  the  Act  esta- 
blishing Cumberland  County — Cumberland  County  re-established  by  Letters 
Patent  from  the  King — Observations  of  Cadwallader  Golden — Laws  to  prohibit 
the  cutting  of  Masting  Timber — Conduct  of  Gov.  John  Wentworth,  the  Sur- 
veyor-General— Ai'rest  of  Willard  Dean  and  "William  Dean  Jr. — Arrest  of 
Ebenezer  Fisher — His  Release — Voluntary  Surrender  of  Capt.  William  Dean — 
Friendly  Interference  of  Col.  Samuel  Wells  and  John  Grout — The  Deans  im- 
prisoned in  New  York — Gov.  Wentworth's  Letter  and  Memorial — Report  of 
the  Committee  of  the  Provincial  Council  of  New  York. 

While  ]^ew  !Netlierland  was  a  Dutch  province,  its  nortliern 
limit  had  been  placed  at  the  river  St.  Lawrence,  and  the 
Fresh*  river  had  washed  its  eastern  boundaries.  When  Charles 
n.  gave  the  province  of  New  York  to  his  brother  James,  its 
area  included  "  all  the  land  from  the  west  side  of  Connecticut 
river,  to  the  east  side  of  Delaware  bay."  The  governments  of 
Massachusetts  and  Connecticut  had  in  several  instances  en- 
croached upon  the  territory  claimed  by  New  York,  but  the 
difficulties  resulting  from  these  trespasses  had  usually  been  ami- 
cably settled  or  at  least  temporarily  adjusted.  Never  until 
now  had  there  been  an  attempt  to  deprive  New  York,  by  syste- 
matized action,  of  rights  and  domains  which  she  claimed  as  her 
own.  As  has  been  previously  stated,  Governor  Wentworth  of 
New  Hampshire  had,  as  early  as  1750,  made  grants  of  land 
west  of  Connecticut  river  and  north  of  the  Massachusetts  line. 
At  the  close  of  the  Frencli  war  he  renewed  the  same  course, 

*  Connecticut. 


1763.]  PEOCLAMATIOXS.  129 

and  j)ursued  it  with  so  much  vigor,  that  at  the  end  of  the  jear 
1763  he  had,  with  but  Httle  show  of  discretion,  divided  ahnost 
the  whole  of  the  New  Hampshire  Grants  into  townships, 
and  distributed  them  among  flatterers,  followers,  and  adventu- 
rers. In  some  cases  the  names  of  deserving  men  had  appeared 
in  the  patents,  but  the  proprietors  were  mainly  sj^eculators,  who 
cared  for  little  else  than  to  sell  at  advanced  prices  the  lands 
which  they  had  obtained  by  gift. 

The  government  of  Xew  York  had  for  some  time  observed 
with  dissatisfaction  the  course  which  Governor  "Wentworth  was 
pm'suing,  and  had  to  no  purpose  remonstrated  against  it.  Tlie 
time  for  more  strenuous  measures  had  now  arrived.  On  the 
28th  of  December,  1763,  a  proclamation  was  issued  by  Lieut.- 
Governor  Cadwallader  Golden  of  New  York,  declaring  Con- 
necticut river  to  be  the  eastern  boundary  of  that  province,  and 
commanding  "all  judges,  justices,  and  other  civil  oflicers" 
holding  commissions  under  jSTew  York  "to  exercise  jurisdiction 
in  their  respective  functions,  as  far  as  to  the  banks  of  Connecti- 
cut river."  He  also  enjoined  the  sheriff  of  Albany  county, 
within  whose  shrievalty  the  district  in  question  was  comprised, 
to  return  to  him  the  names  of  all  persons  "  who  under  the  grants 
of  the  government  of  New  Hampshire  "  then  held  or  should 
continue  to  hold  possession  of  any  lands  west  of  Connecticut 
river,  that  they  might  be  proceeded  against  according  to  law.* 

Governor  Wentworth,  nowise  intimidated  by  this  manifest, 
which  he  termed  "  very  extraordinary,"  published  a  counter- 
proclamation  on  the  13th  of  March,  1764,  for  the  purpose  of 
asserting  the  rights  of  New  Hampshire,  and  encouraging  those 
who  had  begun  settlements  under  charters  from  that  province, 
"  to  be  industrious  in  clearing  and  cultivating  their  lands  agree- 
able to  their  respective  grants."  In  Governor  AYentworth's  com- 
mission from  the  King,  dated  July  3d,  1741,  the  southern 
boundary  line  of  New  Hampshire  was  described  as  extending 
west,  "  till  it  meets  with  our  other  governments."  Tlie  western 
limits  of  Massachusetts  and  Connecticut  were  within  twenty 
miles  of  Hudson  river.  Tliese  were  the  limits  of  his  Majesty's 
"  other  governments,"  and  "Wentworth   declared  that  it  was 

*  Doc.  Hist.  N.  Y.,  iv.  558-560.  At  the  date  of  this  proclamation,  the  inha- 
bitants in  the  country  between  Lake  Champlain  and  Connecticut  river  \rere  "  very 
few,  and  almost  entirely  confined  to  the  townships  of  Hinsdale,  Westminster, 
Bennington,  and  Rockingham." — MS.  Deposition  of  Joseph- Blanchard,  March  Ist, 

mi. 

9 


130  HISTORY   OF   EASTERN    VERMONT.  [1764,  1Y65. 

riglit  that  tlie  western  extent  of  the  province  of  ISTew  Hampshire 
should  be  as  great.  Wliile  making  these  statements,  he  was 
careful  to  omit  an  important  explanation.  By  trespass,  Massa- 
chusetts and  Connecticut  had  stretched  their  limits  far  beyond 
the  line  assigned  them  by  charter.  But  they  had  acknowledged 
the  encroachment,  and  by  treaties  New  York  had  ceded  to  them 
the  lands  over  which  they  had  attempted  to  usurp  authority. 

It  was  evident  that  neither  of  the  governors  would  yield. 
Recourse  was  had  to  the  King,  and  the  whole  subject  was  laid 
before  him.  By  an  Order  in  Council,  dated  July  20tli,  1764, 
he  declared  "  the  western  banks  of  the  river  Connecticut,  from 
where  it  enters  the  province  of  the  Massachusetts  Bay,  as  far 
north  as  the  forty-fifth  degree  of  northern  latitude,  to  he  the 
boundary  line  between  the  said  two  provinces  of  New  Hamp- 
shire and  New  York."  This  declaration  was  published  on  the 
10th  of  April,  1765,  by  the  Governor  of  New  York.  As  to  its 
import,  it  might  seem  that  there  could  have  been  no  diifer- 
ence  of  opinion.  But  the  force  of  the  infinitive  w^as  by  no 
means  definitive.  "The  government  of  New  York  supposed 
that  the  words  to  he  gave  the  order  a  retrospective  operation,  and 
'  construed  them  as  a  declaration  that  the  river  always  had  been 
the  eastern  limits  of  New  York  ;  consequently  that  the  grants 
made  by  the  Governor  of  New  Hampshire  were  invalid,  and 
that  the  lands  might  be  granted  again.'  On  the  contrary,  the 
grantees  under  New  Hampshire  patents,  understood  these  words 
in  the  future  tense,  as  a  declaration  that  the  Connecticut  river 
was  to  he  from  that  time  forward  only,  the  line  of  division 
between  the  two  provinces,  and  '  consequently  that  their  grants 
being  derived  from  the  crown,  through  the  medium  of  one  of  its 
o-overnors,  were  valid.'  "  Thus  arose  a  fresh  dispute,  which  for 
ten  years  continued  to  excite  litigation  and  animosity,  unfavor- 
able to  the  progress  of  humanity,  and  prejudicial  to  the  settle- 
ment and  civilization  of  the  disputed  territory.  * 

At  the  time  when  the  Order  in  Council  was  promulgated  by 
the  proclamation  of  Governor  Colden,  the  lands  east  of  the 
Green  Mountains  and  west  of  Connecticut  river,  notwithstand- 
ing the  numerous  grants  of  Governor  Wentworth,  were  but  lit- 
tle cultivated,  and  very  sparsely  inhabited.     x\ccording  to  some 


*  Doc.  Hist.  N.  T.  IT.  570-572,  571,  575.  N.  Y.  Colonial  MSS.  in  office  Sec, 
State  N.  Y.,  Monckton  and  Colden,  1763,  1764,  vol.  xcii. ;  Colden  and  Moore, 
1764-1766,  Tol.  xciii.     Belknap's  Ili^t.  K  H.,  ii.  315,  316, 


1765.]  THE  COUNTY  OF  ALB.\:^Y.  131 

accounts  the  whole  number  of  families  settled  within  those  limits 
were  not  over  sixty.  Other  statements  raised  this  number 
to  seventy,  and  one  supposition  was,  that  there  might  be  a 
hundred.  ISTor  were  all  these  the  families  of  original  proprie- 
tors. Most  of  them  were  purchasers  under  some  of  the  letters 
patent  which  had  been  issued  by  Kew  Hampshire  for  veiy 
small  considerations,  and  some  were  settlers  under  the  squatter's 
title  which  had  cost  nothing.* 

The  whole  of  the  New  Hampshire  Grants,  although  not  added 
to,  was  supposed  to  be  included  within  the  limits  of  the 
"  unlimited  county  of  Albany,"  and  the  sheriff  of  that  county 
was  authorized  to  exercise  his  authority  from  the  banks  of  Con- 
necticut river  to  the  shores  of  Lake  Champlain.  The  courts 
were  held  in  the  city  of  Albany,  and  hither,  or  to  the  city  of  ISTew 
York,  all  were  obliged  to  resort  who  wished  to  transact  business 
with  the  officers  of  government.  Their  remoteness  from  these 
places,  was  an  inconvenience  most  sensibly  felt  by  the  new  set- 
tlers. Tlie  county  of  Albany  appeared  to  them  unreasonably 
large,  and  in  its  division  they  foresaw  relief  from  the  difficulties 
under  which  they  labored.  To  effect  a  change,  recourse  was 
had  to  petitions.     The  first  presented  to  Lieutenant-Governor 

*  Joseph  BlancTiard,  -who,  in  the  year  1765,  numbered  the  inhabitants  from 
Brattleborough  to  Hartford,  declared  that  on  the  Xew  Hampshire  Grants,  east  of 
the  Groen  Mountains,  "  there  were  not,  on  a  large  Computation  above  Sixty 
Families  settled  as  Claimants"  under  grants  from  that  province;  "that  these 
Inhabitants  were  scattered  in  Eleven  Townships  lying  on  Connecticut  River,  and 
in  three  Townships  lying  back  of  the  River  on  the  Southermost  Part  of  the  whole 
Tract,"  and  that  even  in  these  townships,  cultivation  was  but  just  beginning, 
Hinsdale,  Brattleborough,  'Westminster,  and  Putney  being  excepted,  where  more 
advance  had  been  made. — MS.  deposition,  March  1st,  1771. 

The  opinion  of  Simon  Stevens,  one  of  the  members  of  the  General  Assembly  of 
Xew  Hampshire,  was,  that  "  there  were  not  seventy  families  within  the  limits 
above  described ;"  that  these  "  were  scattered  in  about  a  dozen  townships "  on 
Connecticut  river,  and  that  "  the  Chief  of  them  "  were  in  Brattleborough,  West- 
minster, Putney,  and  Rockingham.  The  same  views  were  also  held  by  Samuel 
Wells  of  Brattleborough,  one  of  the  judges  of  the  Inferior  Court  of  Common 
Pleas,  and  one  of  his  Majesty's  justices  of  the  peace  for  the  county  of  Cumberland. 
Oliver  Willard,  an  assistant  judge  in  the  court  above  named,  and  an  inhabitant 
of  the  town  of  Hertford  as  early  as  1763,  stated  that  "  the  Proclamations  by  the 
Governments  of  New  York  and  New  Hampshire  notifying  his  Majesty's  Determi- 
nation of  the  Boundary  between  those  Governments,  were  very  Publickly  known  " 
at  the  time  of  their  publication  ;  that  there  might  then  have  been  "  about  one 
hundreil  Families  settled  in  all  that  Country  Eastward  of  the  Green  Mountains, 
formerly  claimed  by  New  Hampshire,"  and  that  "  those  Inhabitants  were  scattered 
through  about  Twenty  Tracts  or  Townships  of  about  six  miles  square  each,  and 
principally  along  Connecticut  River." — Doc  Hist.  N.  Y.,  iv.  093,  696,  697,  701. 


132  HISTOEY   OF   EASTERN   VERMONT.  [1765. 

Golden,  was  dated  October  9tli,  1Y65,  and  was  signed  by 
Thomas  Chandler,  Isaac  Man,  David  Wooster,  Daniel  Jones, 
and  Kobert  Harpur,  "  in  behalf  of  themselves  and  their  asso- 
ciates, inhabitants  of  the  northern  part"  of  the  province  of  New 
York.  They  proposed  that  the  "  Grants  "  should  be  divided  by  a 
north  and  south  line,  which  should  follow  the  course  of  the  ridge 
of  the  mountains ;  that  two  counties  should  be  erected  to  the  east 
of  this  hue  and  three  to  the  west;  that  the  eastern  counties 
should  be  divided  by  a  line  extending  from  the  north-eastern 
corner  of  the  township  of  I^orwich  to  the  line  extending  along 
the  ridge  of  the  mountains ;  that  the  most  southern  of  the 
western  counties  should  be  bounded  on  the  south  by  the  north- 
ern line  of  Massachusetts  extended  as  far  west  as  the  mouth  of 
the  Mohawk  river  at  Half  Moon,  and  on  the  north  by  a  line 
drawn  east  from  Fort  Miller  to  the  line  of  the  mountains ;  that 
the  middle  county  should  adjoin  the  last  mentioned  county, 
and  extend  north  to  a  line  drawn  from  the  north  end  of  Lake 
George  to  the  mountain  line ;  that  the  other  county  should  com- 
prise all  the  land  between  the  north  line  of  the  middle  county 
and  the  forty-fifth  parallel,  and  that  the  western  limits  of  the 
three  last  mentioned  counties  should  be  left  to  the  discretion  of 
the  governor.  Tliey  further  proposed  that  the  lower  county  on 
Connecticut  river  should  be  called  Colden,  and  that  its  county 
town,  of  the  same  name,  should  be  located  in  the  township  of 
Kew  Flamstead  ;  that  the  upper  county  should  be  called  Ster- 
ling, and  that  Newbury  should  be  assigned  as  its  county  town, 
in  the  township  of  that  name  ;  that  the  southern  county  to  the 
west  of  the  Green  mountains  should  be  called  Manchester,  and 
that  its  county  town  should  be  located  at  Stillwater ;  that  the 
middle  county  should  be  called  Kingsbury,  and  that  the  county 
town  should  be  situated  in  the  township  of  Kingsbury ;  that  the 
last  county  should  be  called  Pitt,  and  that  its  county  town 
should  be  fixed  at  Hospital  Point  on  the  east  side  of  Lake 
Champlain,  near  Crown  Point.  Having  detailed  these  proposi- 
tions, they  prayed  that  the  counties  and  towns  they  had  men- 
tioned, might  be  established  "  under  the  restrictions  appointed 
by  his  Majesty's  instructions."* 

Tliis  petition  was  on  the  15tli  of  October  followed  by  another, 
in  which  the  petitioners,  in  view  of  the  unwiUingness  manifested 

*  MSS.  Council  Minutes,  in  office  Sec.  State  N.  Y.,  1765-1783,  xxvi.  22. 
Brattleborough  Serai- Weekly  Eagle,  Thursday,  September  27th,  1849.  Doc. 
Hist.  N.  Y.,  iv.  578-580. 


1765.]  PETITIONS    OF  THE   NEW    SETTLEE5.  133 

bj  the  Council  of  New  York  to  erect  the  five  counties  before 
proposed,  expressed  their  readiness  to  withdraw  that  request. 
At  the  same  time  they  did  not  fail  to  assert  their  belief  in  the 
necessity  of  "  some  establishment"  by  which  vice  might  be 
detected,  and  the  inhabitants  protected  in  recovering  their  just 
dues.  To  efi'ect  these  results,  they  desired  that  a  county  by  the 
name  of  Golden  might  be  erected,  to  be  limited  on  the  east  by 
Connecticut  river,  on  the  west  by  "  the  height  of  land,"  on  the 
north  by  the  forty-fifth  parallel,  and  on  the  south  by  the  north 
line  of  the  province  of  Massachusetts  Bay.  Tliey  further 
requested  that  the  county  town  might  be  located  at  'New  Flam- 
stead,  and  that  the  county  might  be  vested  with  such  privileges 
as  it  had  been  usual  to  grant  in  similar  cases.* 

On  the  22d  of  October,  a  third  attempt  was  made  to  draw 
the  attention  of  the  Council  of  New  York  to  the  wants  of  the 
new  settlers.  "  It  is  now  near  six  months,"  said  the  petitioners, 
"  since  to  our  knowledge,  we  became  inhabitants  of  this  pro- 
vince, and  have  been  ever  since  without  law.  Notwithstand- 
ing we  have  made  application  to  be  protected,  as  yet  we  are 
not  answered.  Should  we  be  annexed  to  the  county  of  Albany, 
as  proposed  by  some,  we  shall  still  lye  under  such  a  disadvan- 
tage that  justice  cannot  be  had,  and  to  appoint  justices  in  some 
few  of  the  towns,  without  proper  oflicers  to  execute  warrants,  &c., 
we  humbly  conceive  will  never  answer  y®  end ;  and  in  what 
way  any  officer  (if  they  should  be  appointed)  can  execute  his 
office,  so  far  as  to  carry  a  delinquent  to- Albany,  for  our  part  we 
are  at  a  loss  [to  determine],  as  there  can  be  no  passing  from 
Connecticut  river  to  Albany  without  going  thro'  the  province  of 
the  Massachusetts  Bay,  and  as  soon  as  an  officer  gets  across  the 
line  of  the  province,  his  office  leaves  him,  and  the  delinquent 
makes  his  escape ;  and  in  what  way  any  constables  can  be 
chosen  to  execute  any  small  precept,  &c.,  till  the  towns  are 
incorporated,  we  must  confess  we  cannot  tell."  Other  argu- 
ments favoring  the  estabhshment  of  a  new  county  were  adduced, 
backed  by  urgent  supplications  for  immediate  action. 

The  committee  to  whom  these  applications  had  been  made, 
unable  longer  to  ignore  the  subject,  submitted  a  report  on  the 
day  in  which  this  last  petition  was  received.  Tliey  declared  that 
the  accounts  they  had  received  had  been  "  very  contradictory 

*  MSS.  Cotmcil  Minutes  in  office  Sec.  State  N.  Y.,  1765-1783,  xsxi.  22.  Brat- 
tleborough  Semi-Weekly  Eagle,  Monday,  October  1st,  1849.  Doc  Hist.  N.  Y., 
IV.  580,  581. 


134  HISTORY   OF    EASTERN   VERMONT.  [1766. 

and  imsatisfactoiy  ;"  tliat  the  inhabitants  of  tliat  portion  of  the 
province  held  their  kinds,  as  yet,  by  an  equitable  title  only ; 
that  they  were  wholly  "  unacquainted  with  the  laws  of  the  pro- 
vince, and  the  modes  of  dispensing  justice  therein  ;"  that  Ports- 
mouth, the  place  to  which  they  had  previously  resorted  to 
attend  the  courts  of  justice,  was  at  a  greater  distance  than  the 
city  of  Albany,  and  that  should  the  committee  "  to  suit  a  pre- 
sent convenience,  advise  the  forming  a  part  of  the  province  so 
little  known  into  a  county,  when  it  must  shortly  become  expedi- 
ent to  new  model  it,  private  property  would  be  greatly  injured,  by 
altei'ingthe  seat  of  the  courts  of  justice  and  other  places  of  public 
resort."  For  these  reasons  the  committee  reported  adversely  to 
a  new  county,  but  recommended  the  appointment  of  a  "  com- 
petent number  of  lit  persons  for  the  conservation  of  the  peace, 
and  the  administration  of  justice  in  that  part  of  the  province."* 
In  accordance  with  this  suggestion,  commissions  were  issued 
on  the  20th  of  January,  1766,  and  twenty-one  additional  justices 
of  the  peace  were  appointed  for  the  administration  of  the  laws 
within  the  county  of  Albany.  Of  this  number,  Thomas  Chan- 
dler, William  Gilliland,  Joseph  Lord,  Isaac  Mann,  Robert  Harpur, 
Jacob  Bayley,  and  Samuel  Wells,  were  assigned  of  the  Quorum,f 
and  to  all  these  newly  commissioned  officers,  the  sheriff  and 
constables  of  Albany  county  were  commanded  to  yield  obedi- 
ence. By  an  act  of  the  British  parliament  which  extended 
over  the  English  colonies,  all  civil  and  military  officers  were 
required  to  take  and  subscribe  their  names  to  the  oaths  of  alle- 
giance, supremacy,  and  abjuration.  Thomas  Chandler,  William 
Gilliland,  and  Isaac  Maim,  Avere  empowered  to  tender  and  ad- 
minister these  oaths,  and  a  Dedimus  Potestatem  confirmed  to 
them  this  authority.  At  the  request  of  Sir  Henry  Moore, 
Governor  of  New  York,  measures  were  taken  to  ascertain  the 
number  of  men  between  Connecticut  river  and  the  Green 
Mountains  capable  of  bearing  arms.  According  to  the  rep'ort 
of  Thomas  Chandler,  presented  on  the  20th  of  January,  there 
were  in  the  southern  portion  of  that  district  about  six  hundi-ed 

*  MSS.  Council  Minutes  in  office  Sec.  State,  K  Y.,  1165-1783,  xxvi.  23.  Brat- 
tleborough  Semi-Weekly  Eagle,  ilonday,  October  1st,  1849  ;  Thursday,  Octobei' 
4th,  1849.     Doc.  Hist.  N.  Y.,  iv.  581-584. 

f  Four  years  previous,  fifty-five  justices  had  received  commissions  in  Albany 
county.  The  -whole  number  now,  was  seventy -six.  In  the  same  county  fifteen 
persons  had  been  previously  appointed  of  the  Quorum.  The  whole  number  was 
now  twenty-two.  The  duties  of  these  offices  wei'e  also  performed  by  the  mem- 
bers of  the  Coimcil  and  by  the  Attorney  General. 


1766.]  NOMINATION   OF   OFFICERS.  135 

men,*  and  in  the  northern  portion  about  one  half  that  number, 
answering  to  this  description.  A  j^roposition  was  then  made, 
that  two  regiments  should  be  formed,  and  that  the  command 
of  the  southern  one  should  be  assigned  to  Thomas  Chandler, 
and  of  the  northern  one,  to  Jacob  I3ayley.  This  suggestion,  as 
far  as  it  related  to  the  southern  regiment,  was  carried  into  effect, 
and  military  companies  were  formed  in  several  towns.  Tliere 
is  still  extant  a  commission,  signed  by  II.  Moore,  bearing  date 
February  27tli,  1766,  appointing  "  Simon  Stevens  to  be  Captain 
of  the  Eighth  Company  of  foot,  in  the  Regiment  of  Militia 
•whereof  Thomas  Chandler  Escp*.  is  Col°-  to  Consist  of  the  Inha- 
bitants of  Springfield,"  and  the  chirography  in  the  commission 
is  that  of  the  Colonel  himself.  The  nomination  of  civil  officei's 
in  the  northern  part  of  Albany  county  having  been  confirmed 
by  the  Governor,  a  meeting  of  the  justices  of  the  peace  and 
quorum,  was  called  at  Rockingham,  on  the  27th  of  February,  at 
■which  time  constables  were  appointed  for  five  of  the  principal 
towns.f     In  this  manner  an  attempt  was  made  to  preserve,  at 

*  In  a  letter  from  Sir  Henry  Moore,  Governor  of  'Sew  York,  to  the  Earl  of 
Shelburne,  dated  "Fort  George,  New  York,  9th  June,  1767,"  occur  these  words: 
"I  afterwards  issued  out  Commissions  for  forming  a  Militia  in  those  parts,  and  in 
some  months  afterwards  a  return  was  made  to  me  of  the  Regiment  formed 
there,  which  amounted  to  upwards  of  six  hundred  men.  I  could  not  help  ex- 
pressing nmch  satisfaction  at  seeing  so  large  a  Return,  and  expected  to  find  that 
the  number  of  families  was  in  proportion  to  it,  but  the  Officer  who  made  it, 
would  not  impose  on  me,  and  told  me  in  a  very  ingenuous  manner,  that  a  great 
number  of  Families  concerned  in  those  Lands,  resided  either  in  New  England, 
New  Hampshire,  or  Connecticut,  and  had  never  been  upon  them ;  that  some  of  the 
most  active  young  People  out  of  each  family  were  sent  there  to  begin  the  Settle- 
ments, many  of  whom  at  the  close  of  the  summer  returned  to  their  Homes,  while 
others  more  industrious,  continued  there  in  the  Winter  that  by  forwarding  their 
improvements,  they  miglit  more  readily  pave  the  way  for  those  who  did  not 
choose  to  encounter  all  the  difficultys  of  a  New  Settlement,  but  would  rather 
wait  till  some  improvements  were  made  before  they  removed.  The  same  steps 
could  not  be  taken  for  the  service  of  that  part  of  the  Country  to  the  North  of 
the  County  of  Cumberland,  for  although  the  District  was  large  enough  to  form  a 
County  of  the  same  extent,  very  few  ImprovemcTits  had  been  made  in  any  of  the 
Townships  except  in  that  of  Newbury." — Doc.  Hist.  N.  Y.,  iv.  595. 

In  a  passage  preceding  this  extract,  it  is  stated  that  the  regiment  in  the  new 
territory  was  formed  after  the  establishment  of  the  county  of  Cumberland.  This 
is  ft  mistake.  The  "  Law  for  erecting  the  County  of  Cumberland,"  was  passed 
July  3d,  1766.  The  commissions  to  officers  in  the  new  regiment  were  dated, 
some  of  them,  as  early  as  the  preceding  February. 

f  Natlian  Earll  was  chosen  constable  for  the  town  of  Chester,  Joel  Stone  for 
the  town  of  Windsor,  Abiel  Chamberlain  for  tlie  town  of  Newbuiy,  Simon 
Stevens  for  the  town  of  Springfield,  and  Medad  Wright  for  the  town  of  West- 
minster.— ringry  MS.    Book  of  Commissions  in  office  Sec.  State,  N.  Y.,  1751-1770, 


136  HISTORY    OF   EASTERN    VERMONT.  [1766. 

least,  tlie  fo]'ms  of  justice.  As  the  result  of  these  measures,  a 
better  state  of  manners  was  observable  in  the  new  settle- 
ments. 

Although  the  benefits  resulting  from  the  new  system  were 
not  to  be  despised,  yet  many  of  the  inconveniences  before  com- 
plained of  still  remained,  nor  did  it  appear  that  any  of  the 
means  proposed  could  remove  them,  the  formation  of  a  new 
county  excepted.  As  the  road  then  ran,  most  of  the  inhabit- 
ants were  distant  from  Albany  one  hundred  and  fifty,  and 
some  of  them  two  hundred  miles.  In  that  city  the  courts  and 
public  elections  were  held,  and  thither  it  was  absolutely  neces- 
sary that  a  number  of  the  settlers  ahould  annually  resort. 
"With  difiiculty  could  the  sheriff'  of  Albany  county  serve  a  pro- 
cess in  the  northern  part  of  his  bailiwick  ;  and  not  without  a 
guard  of  a  dozen  men,  could  he  with  safety  convey  a  prisoner 
or  a  debtor  through  the  woods  and  over  the  mountains  to  the 
jail  at  Albany.  There  were,  it  is  true,  civil  and  military 
officers  in  abundance  in  the  new  district,  but  the  latter  could 
not  assist  the  former,  even  were  their  assistance  needed,  for  the 
power  of  the  former  was  not  much  regarded,  and  there  were 
no  places  of  confinement  or  means  of  punishment  near  at  hand, 
as  a  terror  to  the  evil-doers  who  might  be  arrested.  Urged  on 
by  these  potent  considerations,  a  number  of  those  who  had 
formerly  pleaded  for  a  county,  besought  the  Council  of  New 
York,  on  the  16th  of  June,  for  the  same  boon.  On  this  occa- 
sion their  request  was  seconded  by  the  Governor,  and  the 
Council  of  Kew  York  responded  favorably  to  the  application. 
A  portion  of  the  New  Hampshire  Grants,  situated  between 
Connecticut  river  and  the  Green  Mountains,  was,  on  the  3d  of 
July,  erected  into  a  county  by  the  name  of  Cumberland,  and 
its  boundaries  were   duly  established.*     To   the   inhabitants 

V.  312.  Brattleborough  Semi-Weekly  Eagle,  Monday,  May  6th;  Monday,  May 
27th,  1850.     Doc.  Ilist.  N,  Y.,  iv.  586. 

*  The  boundaries  of  Cumberland  county,  as  first  established,  have  been  pre- 
vioiisly  recited  on  pages  1,2.  In  the  act  erecting  the  county  of  Cumberland,  the 
following  condition  was  inserted:  "  Provided  always,  and  it  is  hereby  enacted  by 
the  autliority  aforesaid.  That  if  any  lands  lie  within  the  County  aforesaid,  which 
are  held  by  Grants  under  the  Great  Seal  of  the  Colony  of  New  Hampshire,  by 
Ilis  Majesty  in  Council  on  tlie  2(itli  day  of  July,  1764 :  such  lands  shall  be  and 
remain  within,  and  be  part  of  tlie  County  of  Albany,  anything  herein  contained 
to  the  contrary,  notwithstanding."  According  to  the  terms  of  this  proviso,  the 
greater  part  of  the  territory  comprised  within  the  bounds  of  Cumberland  county, 
would  still  have  remained  a  part  of  the  county  of  Albany. 


1766.]  ESTABLISHMENT   OF   C0UKT8.  137 

were  granted  all  the  powers  and  privileges  enjoyed  by  the  other 
comities  and  towns  in  the  province,  excepting  only  the  choice 
of  members  to  represent  the  county  in  the  Provincial  Assem- 
bly, which  privilege  was  withheld  for  the  present. 

In  another  portion  of  the  act  for  the  formation  of  the  county 
of  Cumberland,  provision  was  made  for  the  erection  of  a  court- 
house and  jail.  The  freeholders  and  inhabitants  of  the  county 
were  authorized  to  elect  supervisors,  assessors,  collectors,  a 
treasurer,  and  other  county  officers,  in  order  that  the  "  public 
and  necessary  charges  "  of  the  province  might  be  defrayed,  the 
poor  maintained,  and  vagabondism  discountenanced.  At  the 
meeting  next  after  their  ajipointment,  the  supervisors  were  di- 
rected to  levy  and  collect  of  those  residing  or  sojourning  in  the 
county,  a  sum  not  exceeding  two  hundred  pounds,  to  be  applied 
in  constructing  a  court-house  and  jail.  Chester,  "being  the 
most  convenient"  among  the  townships,  and  "nearest  the 
centre  "  of  the  county,  was  selected  as  the  location  for  these 
buildings,  and  the  sheriff  was  ordered  to  compute  mileage 
from  the  court-house.  By  another  act,  passed  July  15th,  the 
"judges  and  justices  duly  authorized  in  that  behalf,"  were  di- 
rected to  hold  "  yearly  and  every  year  "  in  the  township  of 
Chester,  a  court  of  Common  Pleas,  to  hear,  and  according  to 
the  laws  of  England  and  the  province  of  New  York,  "  to  try 
and  determine  all  suits,  quarrels,  controversies  and  differences," 
which  might  arise,  in  the  technical  language  of  the  ordinance, 
between  any  of  the  "loving  subjects  "  of  the  county,  "above 
the  value  of  forty  shillings."  A  court  of  General  Sessions  of 
the  Peace  was  also  established,  and  the  first  Tuesday  in  Jime 
and  the  first  Tuesday  in  Kovember  in  each  year  were  selected 
as  the  days  on  which  these  judicatories  were  to  commence 
their  sessions.  The  length  of  each  term  session  was  limited 
to  four  days,  and  the  two  courts  were  authorized  to  sit  at  the 
same  time,  in  order  that  business  might  be  "  constantly  pro- 
ceeded in  and  all  unnecessary  attendance  avoided."  Com- 
petent men  were  selected  as  judges  and  assistant  justices  of  the 
court  of  Common  Pleas.  Justices  of  the  peace  and  other  county 
officers  were  appointed,  and  a  foundation  was  laid  for  administer- 
ing the  law  in  accordance  with  the  most  approved  methods.* 

*  New  York  Colonial  MSS.,  in  office  Sec.  State,  N.  Y.,  1766,  1767,  xciv.;  Book 
of  Commissions,  1751-1770,  v.  320;  Council  Minutes,  1765-1783,  xxvi.  61.  Doc. 
Hist.  N.  Y.,  iv.  587,  588,  594.  Brattleborough  Semi-Weekly  Eagle,  Thursday, 
June  6th,  Monday,  June  10th,  Thursday,  June  13th,  1850. 


138  mSTOEY   OF   EASTERN   VEEMONT.  [1766. 

To  increase  the  facilities  of  communication  between  tlie  dif- 
ferent towns  of  the  new  county,  the  Legislature,  on  the  19th  of 
December,  passed  an  act  "for  laying  out,  regulating,  and 
keeping  in  repair,  common  and  public  highways."  By  this 
act,  the  "  freeholders  and  inhabitants  "  of  the  county,  were  au- 
thorized to  choose  at  their  annual  town  meetings,  three  free- 
holders in  each  town  to  serve  as  commissioners  for  laying  out 
and  regulating  highways,  and  as  many  persons  for  surveyoi-s 
and  overseers  of  highways,  as  the  majority  of  voters  should 
deem  best.  Those  chosen,  were  required  to  accept  of  the 
offices  given  them.  To  each  overseer  a  portion  of  road  was 
allotted,  of  which  he  was  to  have  especial  charge.  The  com- 
missioners were  empowered  to  construct  such  roads  as  they 
judged  necessary,  and  in  case  of  dispute  as  to  the  most  conve- 
nient routes  or  the  connection  of  roads  between  town  and  town, 
were  instructed  to  call  in  three  commissioners,  one  from  each 
of  the  neighboring  towns  not  interested,  who  were  to  determine 
where  the  road  should  run.  If  any  road  proved  inconvenient, 
tlie  commissioners  of  the  town  or  towns  through  which  it  passed, 
were  allowed  to  alter  it  or  lay  out  another.  The  commissioners 
were  not  allowed  to  run  a  road  through  any  person's  land 
without  his  consent,  and  all  disputes  as  to  land  damages  were 
to  be  settled  by  certain  fixed  regulations  which  were  detailed 
in  the  act.  Any  one  who  should  "  alter,  stop  up,  or  lessen  " 
any  road  laid  out  by  the  commissioners,  without  their  consent, 
forfeited  forty  shillings,  to  be  applied  by  the  surveyors  towards 
repairing  the  roads.  Public  roads  were  not  to  be  under  two 
or  over  four  rods  in  breadth.  The  breadth  of  private  ones  was 
fixed  at  twenty  feet.  Persons  by  or  through  whose  lands  public 
roads  ran,  were  "  obliged  to  clear  and  maintain  the  same,  by 
cutting  down  the  wood,  clearing  and  stubbing  up  the  brush," 
and  "  digging  up  the  stones  "  that  could  be  cai'ried  ofi^,  to  the 
width  of  one  rod.  The  limbs  of  the  trees  overhanging  the  road 
were  also  to  be  loj^ped  and  taken  away. 

The  inhabitants  of  each  town  were  required  to  work  on  the 
roads  six  days  in  the  year,  or  for  as  long  a  time-  as  was  sufficient 
to  keep  them  in  repair.  Por  each  day's  neglect  of  this  service, 
a  penalty  of  four  shillings  was  incurred.  In  road  work,  "  a 
carriage  and  a  man  to  manage  it,"  were  deemed  equal  to  three 
days'  work  of  a  single  person.  Tlie  fine  for  neglect  when  a 
man  was  ordered  out  with  his  team,  was  fixed  at  twelve  shil- 
lings per  diem.     "Workmen  were  obliged  to  furnish  "  spades, 


1766.]  NEW    SETTLEMENTS.  139 

axes,  crows,  and  pick-axes,"  or  such  tools  as  the  surveyors  might 
direct.  In  making  road  repairs,  permission  was  given  to  use 
the  trees  "  standing  on  the  roads."  When  a  highway  "  from 
any  town  or  plantation  to  any  meadows,  mills  or  common 
lauding  places,"  ran  through  any  person's  land  or  meadow,  he 
was  allowed,  by  the  approval  of  the  town  commissioners  or  the 
"  major  part  of  them,"  to  "place  and  hang  good,  easy-swinging 
gates,  on  such  highways,"  and  keep  them  in  repair  at  his  own 
cost.  By  other  regulations,  it  was  enacted  that  an  account  of 
the  highways  "  laid  out,  altered  or  stopped  up,"  should  be  cer- 
tified by  the  commissioners  and  entered  in  the  county  records  ; 
that  each  commissioner  should  be  allowed  six  shillings  per  diem, 
when  engaged  in  ofiicial  duties ;  that  the  surveyors  should, 
within  eight  days  after  having  received  notice  to  that  effect 
from  a  justice  of  the  peace,  warn  the  people  to  work  on  the 
roads,  and  that  in  case  the  surveyors  should  neglect  to  perform 
this  duty,  they  should  be  mulcted  forty  shillings  each.  All 
fines  were  to  be  applied  to  the  repair  of  the  highways.  The 
term  of  this  act  was  limited  to  four  years.  The  principles  em- 
bodied in  its  paragraphs  served  as  the  foundation  of  the  town 
regulations  of  this  nature,  which  now  obtain  in  the  state  of 
Yermont.* 

The  affairs  of  the  new  county  having  been  satisfactorily 
arranged.  Governor  Moore  directed  his  attention  to  the  settle- 
ment of  the  adjacent  country.  "With  the  approbation  of  the 
Provincial  Council,  a  township  was  laid  out  for  him  and  others 
associated  w^itli  him,  situated  twelve  miles  distant  from  the 
north  line  of  Cumberland  county,  "  on  a  spot  neither  granted  by 
jSTew  Hampshire,  nor  claimed  by  any  persons."t  He  then 
announced  his  intention  of  giving  the  land  comprised  within 
this  township  to  the  families  who  would  agree  to  colonize  it, 
provided  they  would  manufacture  yearly  a  certain  amount  of 
potash,  and  plant  a  certain  number  of  acres  with  hemp.  On 
tlie  fulfilment  of  these  conditions,  he  declared  that  the  fee  of 
the  land  should  be  vested  absolutely  in  the  possessors.  As 
soon  as  these  terms  were  made  known,  applications  were  made 
by  different  persons  for  grants,  and  before  the  middle  of  the 
year  1767,  fourteen  families  had  settled  in  the  new  township, 

*  Act  of  1th.  George  III.,  in  Laws  N.  Y.,  Van  Schaack's  ed.  Un-l1l3,  pp. 
487-490. 

•|-  Reference  is  undoubtedly  had  to  the  township  of  Bradford.  A  brief  account 
of  the  early  settlement  of  this  place  may  be  found  on  pages  123,  124. 


140  HISTORY    OF   EASTERN   VERMONT.  [1767. 

and  land  had  been  allotted  to  ten  otlier  families  in  the  city  of 
New  York,  and  to  several  persons  in  Connecticut  and  Massa- 
chusetts. At  this  stage  of  the  undertaking,  Governor  Moore 
ordered  a  saw  mill  and  a  grist  mill  to  be  built  for  the  use  of 
the  settlers,  and  a  church  to  be  erected,  with  a  farm  attached 
as  a  glebe  for  the  minister  who  should  occupy  its  pulpit.  In 
aid  of  religion  and  education,  a  township  was  laid  out  and 
placed  in  the  hands  of  trustees  "  for  the  use  of  the  ministers  of  the 
gospel  according  to  the  communion  of  the  Church  of  England," 
and  another  was  set  aside  for  the  benefit  of  King's  now  Co- 
lumbia College.  "While  Governor  Moore  was  in  this  manner 
studying  to  advance  the  interests  of  his  subjects,  many  of  them, 
who  had  formerly  obtained  land  under  New  Hampshire  titles, 
applied  to  him  for  confirmatory  grants.  These  were  in  many 
instances  bestowed,  and  the  proprietors  were  quieted  in  their 
possessions  by  a  secondary  payment  of  fees.  By  the  New 
Hampshire  charters,  a  certain  quantity  of  land  in  each  town- 
ship was  reserved  by  Governor  "Wentworth  for  himself.  These 
shares  had  in  most  instances  remained-  uncultivated  and  un- 
improved. Care  was  now  taken  that  this  gubernatorial  privilege 
should  be  no  longer  allowed,  and  the  Governor's  rights,  as  they 
were  called,  were  by  the  confirmation  charters  of  New  York 
accorded  to  those  who  should  clear  and  cultivate  them. 

Although  it  might  have  been  supposed  that  the  educated 
men  in  England,  in  the  middle  of  the  eighteenth  century,  would 
have  been  sufiiciently  acquainted  with  the  topography  of  the 
English  colonies  in  America,  to  have  enabled  them  to  speak 
and  act  with  discrimination  on  matters  pertaining  to  that  sub- 
ject, yet  such  was  by  no  means  the  case.  It  was  then  custom- 
ary for  those  occupying  places  of  power  and  distinction,  to 
apply  to  his  Majesty  for  large  grants  of  land  in  the  colonies 
Tliese  applications  were  generally  received  with  favor,  and  the 
governors  in  the  American  colonies  were  then  ordered  to  locate 
the  amount  of  land  which  had  been  granted,  in  such  places  as 
the  grantees  might  choose.  By  this  mode  of  procedure,  most 
extravagant  demands  were  often  made  of  the  colonial  governors, 
sanctioned  by  royal  authority,  and  had  these  demands  been  in 
all  cases  satisfied,  the  result  would  have  been  pernicious  in  the 
extreme.* 

*  As  instances  of  the  manner  in  which  lands  were  bestowed  by  the  Crown, 
the  following  facts  may  be  cited.  On  the  20th  of  September,  1765,  "Walter 
Patterson  in  behalf  of  the  Right  Honorable  Stephen  Fox,  Earl  of  111  Chester ;  the 


1767.]  CTLMBEELAITD   COUNTY.  141 

Althougli  the  Council  of  Xew  York  judged  themselves 
authorized  to  dispose  of  the  territory  between  Connecticut  river 
and  Lake  Champlain,  they  were  still  willing  to  hear  the  remon- 
strances which  were  frequently  made  by  those  in  possession 
under  New  Hampshire  grants.  Various  petitions  had  already 
been  presented  for  tracts  of  land  on  the  west  side  of  Connecticut 
river,  which  had  been  previously  granted  in  townships  by  the 
govermnent  of  !New  Hampshire.  The  Council  conceived  that  it 
would  be  improper  to  reply  to  these  petitions,  until  they  should 
be  apprised  of  the  interests  which  would  be  affected  by  the  answer 
they  might  give.  They  therefore  decreed,  on  the  12th  of  Febru- 
ary, 1767,  that  all  proceedings  on  the  petitions  which  had  been 
offered,  should  be  suspended,  "  mitil  the  appearance  before  his 
Excellency  in  Council,  of  such  principal  proprietor  or  proprie- 
tors of  each  respective  township  duly  authorized  to  sue  out  a 
grant  for  the  same  in  behalf  of  all  the  persons  interested  therein, 
and  sufficiently  prepared  to  give  the  fullest  information  to  the 
Board  respecting  the  shares  of  the  several  claimants."* 

Meantime,  the  act  by  which  the  county  of  Cumberland  was 
established,  had  been,  agreeable  to  the  laws  and  statutes  of 
England,  "  transmitted  to  his  Majesty  for  his  royal  approbation 
or  disallowance."  Whether  the  act  itself  was  informal,  or 
whether  the  formation  of  a  county  without  first  consultmg  the 
home  government  was  regarded  as  an  encroachment  on  the 
kingly  or  parliamentary  prerogative,  does  not  appear.  It  is 
plain,  however,  that  the  conduct  of  the  Governor  and  Council 
in  this  instance,  was  not  viewed  with  favor.  The  lords  of  the 
Privy  Council  for  plantation  affairs  reported  adversely  to  the 
act,  and  pursuant  to  theii'  advice,  the  King,  on  the  26th  of  June, 

Right  Honorable  Henry  Fox,  Lord  Holland ;  Charles  Lee,  Esq.  ;  Clotworthy 
Upton  and  himself,"  petitioned  Governor  Henry  Moore  of  New  York,  that  the 
20,000  acres  of  land  which  "His  Majesty  in  Council"  had  been  "graciously 
pleased  to  order  to  be  granted  to  each  of  them  in  the  Province  of  Kew  York," 
might  be  located  as  follows: — 20,000  acres  in  the  townships  of  Fulham  and 
Putney,  20,000  acres  in  the  townships  of  Weathersfield  and  Windsor,  20,000 
acres  in  the  townships  of  Hertford  and  Hartford,  20,000  acres  in  the  townships 
of  Brattleborough  and  Guilford,  20,000  acres  in  the  township  of  Fairlee,  and 
between  that  and  Newbury.  Sir  Henry  Moore,  who  had  lately  been  appointed 
Governor,  did  not  arrive  in  New  York  until  the  12th  of  November  following, 
and  Lieut. -Gov.  Colden,  in  whose  hands  the  administration  of  affairs  was  then 
placed,  did  not  deem  it  expedient  to  obey  the  royal  order,  and  the  petition  was 
laid  aside. — N.  Y.  Colonial  MSS.,  Land  Papers,  vol.  xix. 

*  MS.  Council  Minutes,  in  office  Sec  State,  N.  Y.,  vol.  xxix.  Doc.  Hist.  N.  Y., 
iv.  588,  589. 


142  HISTORY    OF   EASTERN   VERMONT.  D-^^'^j  1768. 

declared  it  "  void  and  of  none  effect."  This  decision  was  com- 
municated to  tlie  Governor  of  Xew  York,  and  by  bim  was  pnb- 
lisbed  to  tbe  inhabitants  of  the  province,  on  the  3d  of  December 
following.  This  proceeding  was  shortly  after  followed  by  another 
equally  unfavorable  to  the  interests  of  New  York.  Owing  to  a 
number  of  representations  which  had  been  made  by  parties  in- 
terested in  the  lands  which  had  lately  been  declared  to  be  part 
of  that  province,  the  committee  of  the  Council  for  plantation 
affairs  counselled  the  King  to  command  the  Governor  of  ISTew 
York,  by  "  the  most  positive  orders,"  to  desist  from  making  any 
grants  of  that  part  of  the  territory  lying  west  of  Connecticut  river, 
which  had  been  chartered  by  Governor  Wentworth.  An  order 
in  Council  to  this  effect  was  accordingly  issued  on  the  24th  of  July, 
and  his  Majesty's  "highest  displeasure"  was  denounced  against 
the  Governor,  in  case  he  should  fail  to  observe  these  instructions.* 
When  the  repeal  of  the  act  by  which  the  county  of  Cumber- 
land had  been  established,  became  known,  numerous  applica- 
tions, representing  "the  distress  and  great  inconveniences" 
under  which  the  inhabitants  of  that  part  of  the  country  were 
laboring  "through  the  want  of  a  due  administration  of  justice," 
were  again  made  to  Governor  Moore,  and  relief  was  sought  for 
in  terms  which  could  not  well  be  denied.  The  subject  was 
referred  to  the  provincial  Council,  and  as  the  result  of  their 
deliberations,  the  Governor  was  advised,  on  the  10th  of  Febru- 
ary, 1768,  to  direct  the  Attorney-General  to  prepare  a  draft  of 
an  ordinance  for  erecting  the  lands  which  had  been  comprised 
Avithin  the  former  county,  into  another  county  of  the  same 
name.  In  accordance  with  the  royal  will,  letters  patent  esta- 
blishing the  county  of  Cumberland  were  soon  after  presented  to 
the  Council,  and  after  amendment  were,  on  the  18th  of  March, 
ordered  to  be  engrossed.  To  this  instrument  the  "  Great  Seal" 
of  the  province  of  New  York  was  affixed  on  the  lOtli,  and  the 
county  of  Cumberland  was  again  a  fact.f  On  the  inhabitants 
were  bestowed  all  the  "powers,  privileges,  and  immunities" 
enjoyed  by  the  inhabitants  of  the  other  counties  in  the  province, 
and  permission  was  given  them  to  erect  at  their  own  charge  a 
court-house  and  jail  to  be  located  in  the  township  of  Chester, 
which  being  nearest  to  the  centre  of  the  county,  was  declared 

*  Doc.  Hist.  K  T.,  iv.  608-611.  MS.  Council  Minutes,  in  oflSce  Sec.  State,  K 
T.,  xxvi.  116;  xxix.  250. 

■(•  The  boundaries  of  Cumberland  county  under  the  second  charter,  have  been 
previously  recited  on  page  2. 


1768.]  LAWS    RELATIVE   TO    FELLL^^G   TIMBEK.  143 

to  be  "  most  convenient  for  that  purpose."  To  cany  out  the 
provisions  of  the  new  charter,  courts  were  established  on  the 
same  basis  as  before ;  civil  officers  were  nominated  to  manage 
the  atiairs  of  the  county  ;  and  with  the  approbation  of  the 
Council  of  the  province,  commissions  were  issued  on  the  7  th  of 
April,  to  those  who  had  been  selected  for  office.* 

During  the  first  quarter  of  the  eighteenth  century,  the  atten- 
tion of  the  Board  of  Trade  in  England  had  been  particularly 
directed  to  the  evil  results  which  would  be  likely  to  follow  in 
case  the  inhabitants  of  the  province  of  E^ew  York  should  be 
inhibited  in  the  use  of  certain  kinds  of  timber  which  to  them 
were  of  especial  value.  "  One  of  the  methods  already  thought 
of  for  making  this  province  more  useful  as  to  naval  stores," 
wrote  the  learned  Cadwallader  Golden,  in  the  year  1723,  "  is  a 
severe  prohibition  of  cutting  any  white  pines  fit  for  masts.  Ko 
doubt  the  destroying  of  so  necessary  a  commodity  ought  to  be 
prevented,  and  it  would  be  difficult  to  frame  a  law  for  that  end 
with  many  exc'^ptions  or  limitations,  which  could  be  of  much 
use.  On  the  other  hand,  when  the  literal  breach  of  the  law  be- 
comes generally  unavoidable,  it  must  lose  its  force.  The  lands 
of  this  provmce  are  granted,  ujion  condition  that  the  grantee, 
within  three  years  after  the  grant,  effectually  cultivate  thi-ee 
acres  for  every  fifty  granted,  and  it  will  not  be  supposed  that  it 
is  the  intent  of  the  law  to  put  a  stop  to  cultivating  the  hind, 
which,  however,  cannot  be  done  without  destroying  the  timber 
that  grows  upon  it.  One  at  first  is  ready  to  fear  that  the  poor 
planter  is  under  a  sad  dilemma.  If  he  does  not  cultivate,  he 
cannot  maintain  his  family,  and  he  must  lose  his  land ;  if  he 
does  cultivate,  he  cuts  down  trees,  for  which  he  is  in  danger  of 

*  Book  of  Commissions,  in  office  Sec.  State,  K  Y.,  1751-1770,  v.  3G3,  374: 
Council  Minutes,  1765-1783,  xxvi.  116,  118,  119.  Laws  of  K  Y.,  1768,  p.  469. 
Doc.  Hist.  N.  Y.,  iy.  611. 

Little  is  known  concerning  the  court  and  county  records  of  Cumberland 
county  before  the  j-ear  1775.  That  there  were  such  records,  there  can  be  no 
doubt.  On  a  deed  which  is  still  extant,  made  by  Thomas  Chandler  of  Chester 
to  Ebenezer  Holton,  is  inscribed  this  technical  endorsement :  '  Received 
for  Record,  January  y*  8th,  1770,  and  Recorded  in  the  Records  of  Deeds  for  the 
County  of  Cumberland,  Lib.  A.  Folio  79,  and  examined.  John  Cliandler,  Clerk." 
The  Hon.  Harry  Hale  of  Chelsea,  Vt.,  in  a  letter  to  the  author,  dated  December 
Ist,  1852,  conveys  the  following  information  on  this  subject: — "In  1833-4-5,"  he 
writes,  "I  was  county  clerk  of  Orange  county,  and  recollect  seeing  some  curious 
records  of  the  old  Cumberland  county  in  the  clerk's  office,  where  tliey  may,  pro- 
bably, now  be  found."  Further  enquiry  has  elicited  no  new  facts  on  this  subject, 
and  it  is  doubtful  whether  the  "  curious  records"  are  now  in  existence. 


14J:  HISTOKT   OF   EASTERN   VEKMONT.  [1763-1Y68. 

being  undone  by  prosecution  and  fines.  Tlie  inhabitants  can- 
not build  houses  without  pine  for  boards  and  covering,  nor  send 
vessels  to  sea  without  masts.  It  cannot  surely  be  the  intent  of  the 
Legislature  to  put  the  inhabitants  under  such  extreme  hardships 
by  denying  us  necessary  timber  while  we  live  in  the  midst  of 
such  forests  as  cannot  in  many  ages  be  destroyed — and  the  more 
that  the  King  for  whose  use  these  trees  are  reserved,  does  not,  nor 
has  not  made  use  of  one  tree  for  many  years  in  this  province. 

"  But  suppose,"  continued  this  prudent  adviser,  "  the  people 
could  be  restrained  from  cutting  any  white  pines,  it  will  not 
answer  the  end  for  which  it  was  designed,  for  if  the  King  were 
to  send  people  to  cut  down  masts  in  tlie  place  where  they  grow, 
and  to  transport  them  to  such  places  where  they  can  be  carried 
by  water,  the  charge  w^ill  amount  to  treble  the  sum  they  might 
be  bought  for  at  New  York,  if  the  carrying  of  them  were  left 
to  the  inhabitants  themselves.  Tlie  King  in  this  case  must 
have  a  great  many  hands  and  overseers  in  constant  pay.  He 
must  buy  horses,  oxen  and  carriages,  and  maintain  them  or  hire 
them  after  the  most  chargeable  manner,  whereas  the  country 
people  carry  these  trees  in  the  winter  upon  the  snow  and  ice 
when  they  cannot  labor  in  the  ground,  and  are  glad  to  make  a 
little  profit  at  any  rate."* 

With  such  reasoning  as  this,  did  one  in  whose  mind  were 
ever  uppermost  the  interests  of  the  province  of  which  he  was  a 
citizen,  and  over  which  he  was  subsequently  stationed — with 
such  reasoning  as  this,  did  he  strive  to  hinder  the  passage  of  a 
law  whose  evil  effects  he  plainly  foresaw  and  correctly  foretold. 
Notwithstanding  these  efforts,  the  restriction  was  promulged, 
and  became  afterwards  a  favorite  measure  in  the  short-sighted 
policy  of  the  home  government  towards  the  American  colonies. 
In  the  charters  which  were  subsequently  issued  by  Governor 
Wentworth  of  New  Hampshire,  in  the  Eng's  name,  granting 
by  townships  the  land  lying  between  Connecticut  river  and 
Lake  Champlain,  a  special  condition  was  inserted,  by  which 
"  all  white  and  other  pine  trees"  fit  for  masting  the  royal  navy, 
were  to  be  "  carefully  preserved  for  that  use,"  and  none  were 
to  be  "  cut  or  felled"  without  special  license.  In  case  of  disobe- 
dience, the  right  which  the  grantee  might  have  in  the  township 
where  the  oficnce  was  committed,  was  to  revert  to  the  King, 
And  the  offender  was  also  declared  "  subject  to  the  penalty  of 

•  Doc.  Hist.  N.  Y.,  i.  Y19,  720. 


1763-1 768.]    CONDUCT  of  governor  wentworth,  145 

any  act  or  acts  of  Parliament"  wliicli  were  then  or  might  there- 
after be  enacted.  A  similar  clause  was  inserted  in  the  confir- 
mation and  other  charters  which  were  afterwards  issued  by  the 
province  of  New  York.  To  the  "  Surveyor-General  of  his  Ma- 
jesty's Woods"  was  entrusted  the  enforcement  of  this  restriction, 
and  the  prosecution  of  those  who  should  disobey  it. 

In  answer  to  the  proclamation  of  Lieutenant-Governor  Golden, 
issued  on  the  28th  of  December,  1763,  asserting  the  right  of 
New  York  to  jurisdiction  as  far  eastward  as  Connecticut  river, 
founded  on  the  grant  of  Charles  II.  to  the  Duke  of  York,  Go- 
vernor Wentworth,  as  has  been  before  stated,  had  published  a 
counter-proclamation,  on  the  13th  of  March,  176  J:,  declaring  that 
the  grant  to  the  Duke  of  York  was  obsolete,  and  that  the  western 
bounds  of  New  Hampshire  were  co-extensive  with  those  of  Mas- 
sachusetts and  Connecticut.  AVhen  by  a  special  Order  in  Coun- 
cil, under  date  of  July  20th,  1764,  the  title  of  the  Duke  of  York 
was  confirmed,  and  Connecticut  river  was  fixed  as  the  dividing 
line  between  New  York  and  New  Hampshire,  Wentworth,  in  his 
gubernatorial  capacity,  submitted  to  the  decision.  In  his  private 
conduct,  however,  he  showed  especial  favor  to  those  who  still 
acknowledged  the  jurisdiction  of  New  Hampshire  over  the 
"  Grants,"  as  the  territory  west  of  the  Connecticut  was  called. 
John  AYentworth,  who,  on  the  11th  of  August,  1766,  succeeded 
his  uncle,  Benning  Wentworth,  as  Governor  of  New  Hampshire, 
succeeded  him  also  in  the  office  of  "  Surveyor-General  of  His 
Majesty's  Woods  in  all  and  singular  His  Majesty's  Colonies  and 
Plantations  in  North  America."  Tlie  former  Governor,  as  Sm-- 
veyor-General, "  had  been  charged  with  neglect  of  duty,  and  with 
indulging  his  deputies  in  selling  and  wasting  the  King's  timber." 
The  new  Governor,  unwilling  to  incur  a  similar  imputation,  de- 
termined to  pursue  a  difi'erent  course.  For  the  purpose  of 
becoming  acquainted  with  the  condition  of  the  wooded  land, 
with  the  care  of  which  he  as  surveyor  was  charged,  "  he  fre- 
quently traversed  the  forests,"  and  thus  obtained  the  informa- 
tion which  he  needed,  by  personal  examination.  But  the  spirit 
of  malice  which  had  actuated  the  uncle  in  his  conduct  towards 
those  settlers  on  the  "  Grants"  who  acknowledged  the  jurisdic- 
tion of  New  York,  was  not  wanting  to  the  nephew.  The  proof 
of  this  wiU  hereafter  appear.* 

*  Doc.  Hist.  K  Y.,  iv.  558-560,  570-572,  574,  575.  Belknap's  Hist  N.  H., 
iL  337,  338,  345.     Thompson's  Yt.,  Part  II.  p.  224. 

10 


146  HISTORY    OF   EASTERN   VERMONT.  [1Y63-1768. 

Tlie  township  of  Windsor  had  received  its  first  charter  from 
the  province  of  Now  Hampshire,  on  the  6th  of  July,  1Y61. 
After  the  passage  of  the  order  in  Council  of  July  20th,  1764, 
another  charter  had  been  granted  by  ISTew  York,  on  the  7th  of 
July,  1766,  and  with  it  eight  hundred  acres  of  land  additional. 
Although  the  second  patent  had  been  bestowed  on  the  motion 
of  some  of  the  most  influential  citizens  in  the  place,  yet  many 
of  the  inhabitants  were  opposed  to  the  jurisdiction  of  New  York, 
and  denied  the  authority  of  the  courts  which  were  afterwards 
established  by  that  province.  In  thi.s  township,  situated  on  the 
west  side  of  Connecticut  river,  and  in  the  township  of  Cornish, 
situated  on  the  opposite  bank,  there  were  growing,  in  the  year 
1708,  the  finest  forests  of  white  pine  trees  to  be  found  on  the 
borders  of  that  stream.  The  owners  of  the  land  whereon  these 
forests  grew,  being  for  the  most  part  friendly  to  the  jurisdiction 
of  New  Ilainpsliire  and  opposed  to  that  of  New  York,  found  it 
easy  to  obtain  from  the  Surveyor-General  or  his  deputies,  certi- 
ficates permitting  them  to  fell  certain  trees  "  unfit  for  his  Ma- 
jesty's service,"  and  to  appropriate  them  to  their  own  use. 
Thus  were  they  busy,  day  after  day,  in  cutting  and  putting  into 
the  river,  timber  which  was  afterwards  to  be  floated  to  the  most 
convenient  markets.  Among  those  who  refused  to  join  with 
their  neighbors  in  denying  the  authority  of  New  York,  were 
Capt.  William  Dean  and  his  sons,  Willard  Dean  and  William 
Dean  Jr.  Wishing  to  procure  some  pine  timber,  not  reserved 
by  law,  and  observing  with  what  ease  certificates  were  obtained, 
Capt.  Dean  applied  to  Daniel  Jones,  a  justice  of  the  peace,  re- 
siding at  Hinsdale,  New  Hampshire,  Benjamin  Whiting  of 
Newbury,  and  others  of  the  Surveyor-General's  deijuties,  to 
survey  some  trees  for  him  and  give  him  a  permit  to  cut  such  as 
they  might  deem  unfit  for  his  Majesty's  service.  Tliese  appli- 
cations were  in  all  cases  accompanied  by  the  customary  ofi'ering 
of  fourteen  shillings,  proclamation  money,  per  diem. 

After  vain  solicitations  on  the  part  of  Capt.  Dean,  at  various 
times  during  fpur  months,  for  a  written  permission,  Whiting 
gave  him  verbal  leave  to  cut  such  white  pines  as  were  unfit  for 
the  King's  use.  Dissatisfied  with  this  license,  Capt.  Dean  re- 
paired to  Governor  Wentworth,  the  Surveyor-General,  informed 
liini  of  the  efi'orts  lie  had  made  to  ])rocure  a  proper  certificate 
from  the  deputy  surveyors,  and  of  the  ill  success  he  had  met 
with,  and  desired  that  a  special  deputy  might  be  appointed  to 
make  the  necessary  examination  and  grant  his  lawfid  request. 


1Y69.]  PROSECUTION   OF  TUE   DEANS.  147 

"Whiting,  who  was  present  on  this  occasion,  promised  Capt.  Dean 
in  the  presence  of  the  Governor,  that  he  would  survey  tlie 
timber  for  which  he  had  applied,  and  give  him  a  certificate 
within  a  fortnight  from  that  time,  specifying  the  trees  which  he 
might  deem  unfit  for  the  King's  use.  On  returning  home,  Capt. 
Dean  found  that  his  sons,  in  consequence  of  the  verbal  license 
obtained  from  "Whiting,  had  felled  seventeen  trees,  much  inferior 
in  size  to  many  which  had  been  cut  by  his  neighbors,  and  to  all 
appearance  unsuited  for  naval  purposes.  Information  of  this 
circumstance  having  been  carried  to  Governor  "Wentworth,  he 
immediately  set  out  for  "W^indsor,  for  the  purpose  of  punishing 
the  Deans.  On  his  way  thither,  "  he  rode  through  a  pine  forest 
in  Cornish  and  dined  in  the  midst  thereof  at  the  house  of 
Samuel  Chase,  Esq.,  and  must  thereby  have  had  a  view  of  the 
notorious  destruction  of  the  same,  as  the  pines,  felled,  lay  on  the 
ground  on  each  side  of  the  road,  and  around  for  many  acres." 
Still  these  sights  did  not  withdraw  his  attention  from  the  end 
which  he  had  proposed.  Tlie  friendship  of  the  Deans  towards 
the  government  of  New  York  was  to  him  a  graver  oft'ence  than 
that  suggested  by  the  evidences  of  destruction  which  surrounded 
him,  and  the  opportunity  of  satisfying  a  grudge  by  the  use  of 
apparently  legal  means,  was  too  good  to  be  postponed  to  causes 
which  should  have  demanded  his  most  serious  attention. 

A  prosecution  for  "  trespassing  against  his  Majesty  by  cutting, 
felling,  and  destroying  many  white  pine  trees"  on  lands  in 
"Windsor,  was  commenced  against  the  Deans  in  the  court  of 
Yice-Admiralty  for  the  province  of  New  York.  "Writs  were 
granted  by  the  Hon.  Richard  Morris,  Judge  of  the  Vice- 
Admiralty,  and  were  placed  for  execution  by  Thomas  Lud- 
low, Provost  Marshal  in  the  same  judicatory,  in  the  hands  of 
"Whiting,  who  at  the  same  time  was  made  Deputy  Marslial. 
Armed  with  the  authority  of  the  law,  and  a  brace  of  pistols,  AVhit- 
ing,  on  the  29th  of  August,  1769,  entered  the  dwelling-house  of 
Capt.  Dean,  who  was  at  that  time  at  Springfield,  Massachusetts, 
and  without  any  opposition  arrested  his  two  sons.  On  the 
evening  of  the  same  day  he  delivered  the  prisoners  to  the  care 
of  his  assistants,  Benjamin  Wait  and  Samuel  Patrick,  whom  he 
supplied  with  pistols  and  ammunition;  and  having  commanded 
them  to  fire  on  the  prisoners  if  they  should  endeavor  to  escape, 
or  take  advantage  of  any  attempted  rescue,  he  departed. 
"Wait  and  Patrick  remained  on  guard  until  the  next  morning, 
when  the  former  delivered  his  pistol   to  James  Rosebrouk. 


148  HISTORY    OF   EASTERN    VERMONT.  [1769. 

During  the  day,  while  the  prisoners  were  preparing  for  their 
jonrnej  to  New  York  where  they  were  ordered  to  apj^ear  for 
trial,  thej  were  watched  bv  Patrick  and  Rosebrook.  Towards 
evening,  Solomon  Emmons  and  David  Getchel  made  their 
appearance,  and  informed  the  last  mentioned  keepers,  that  by 
the  order  of  Israel  Curtis,  a  justice  of  the  peace,  they  had 
come  to  stand  guard  during  the  night.  The  pistols  were 
accordiifgly  delivered  to  Emmons  and  Getchel,  with  ordei-s  to 
fire  as  before. 

On  the  morning  of  the  31st,  as  William  Dean  Jr.  was  stand- 
ing in  the  outer  doorway  of  his  house,  in  which  he  had  for  two 
days  been  a  prisoner,  Israel  Curtis  came  up.  Dean  desired 
him  not  to  enter,  Curtis,  upon  this,  seized  Dean,  and  pushing 
him  a  considerable  distance,  vociferated,  "  You  blockhead,  you 
rascal,  how  dare  you  bid  me  not  to  come  into  your  house  ?  Don't 
you  know  that  I  am  a  justice  of  the  peace?  I  have  a  right  to 
break  into  your  house  and  break  all  the  locks  that  are  in  it, 
and  have  a  right  to  pull  your  house  down  over  your  head,  and 
by  the  living  God,  I  will  make  you  know  it  in  less  than  one 
month."  Thereupon,  Curtis  took  the  pistols  from  the  guards, 
and  gave  them  to  Enoch  Judd  and  Elnathan  Strong,  with 
ordei-s  to  fire  the  prisoners  through,  or  "  break  their  bones  with 
clubs"  should  they  attempt  to  escape.  Terrified  by  such 
language  and  commands,  Mrs.  Dean,  the  wife  of  the  prisoner, 
"fell  into  a  fit,"  from  which  she  did  not  recover  for  several 
hours.  A  little  before  noon  of  the  same  day,  Whiting  came  again 
to  the  house,  and  having  placed  the  prisoners  in  the  care  of 
Wait  and  Rosebrook,  ordered  the  party  to  proceed  to  Hinsdale 
on  their  way  to  the  city  of  New  York.  This  order  they 
obeyed. 

On  the  evening  of  September  1st,  the  guards  with  their 
prisoners  having  reached  AYestminster,  were  there  met,  at  the 
inn  of  Ephraim  Ranney,  by  one  John  Grout,  an  attorney-at-law 
in  Cumberland  county.  Ha-sdng  been  informed  by  the  Deans 
of  the  misery  of  their  condition,  of  the  ill  usage  they  had 
received,  and  of  the  restraint  under  which  they  had  been  kept, 
Grout  asked  the  guards  whether  the  prisoners  had  behaved 
improperly  or  shown  a  disposition  to  escape.  Being  answered 
in  the  negative,  he  declared  that  prisoners  ought  not  to  be 
carried  under  the  "terror  of  death,"  nor  "threatened  with 
beating,"  provided  they  conducted  with  decorum  while  in 
custody,  and  were  submissive  to  their  keepers ;  that  Whiting 


1769.]  PKOSECUTION  OF  THE  DEANS.  149 

was  mnch  at  fault,  in  suffc'ring  the  prisoners  to  be  treated  in 
such  a  barbarous  manner;  and  that  they,  the  prisoners,  had  the 
right,  should  they  choose  to  exercise  it,  of  bringing  an  action 
against  the  guards  for  abusing  the  privileges  of  their  ofhce. 
The  conversation  being  renewed  on  the  morning  of  September 
2d,  Grout  asserted  that  prisoners  taken  on  a  mesne  process, 
"  ought  not  to  be  carried  to  prison  under  terror  of  fire-arms,  and 
that  in  case  they  should  attempt  to  escape,  their  keepers  would 
have  no  right  to  kill  them,  or  to  disable  them  by  firing  on  them." 
He  then  asked  the  Deans  whether  they  would  promise  not  to 
make  any  attempt  to  escape.  To  this  question  they  replied 
afiirmatively.  He  then  endeavored  by  threats  and  promises  to 
persuade  the  guards  to  unload  their  pistols.  In  this  attempt 
he  succeeded,  but  was  unable  to  make  them  burn  their  ammu- 
nition. He  also  counselled  the  guards  to  treat  the  prisoners 
with  kindness,  and  the  prisoners  to  be  obedient  to  their  keepers, 
and  by  no  means  to  attempt  to  escape.  Tlie  prisoners,  who 
were  almost  destitute  of  money,  requested  Grout  to  rej^air  to 
Springfield,  Massachusetts,  and  obtain  for  them  pecuniary 
assistance  from  their  father.  Having  accepted  the  commission 
he  soon  after  started  on  his  journey.  Tlie  guards  with  their 
prisoners  were  not  long  in  following,  and  on  arriving  at  Hins- 
dale in  the  evening,  were  rejoined  by  Grout,  who  had  arrived 
before  them. 

"While  Wait  and  Rosebrook  were  engaged  in  conducting  their 
prisoners  from  Windsor  to  Hinsdale,  Whiting,  on  information 
presented  to  Governor  Wentworth  by  Daniel  Jones,  a  deputy 
surveyor,  had,  with  the  assistance  of  Amos  Tute,  one  of  the 
coroners  of  Cumberland  county,  arrested  Ebenezer  Fisher  of 
Brattleborough,  on  Saturday,  September  2d,  charged  with  the 
same  offence  which  had  been  imputed  to  the  Deans.  On  the 
evening  of  the  same  day,  Whiting  went  with  his  prisoner  to 
the  house  of  Samuel  Wells,  who  resided  in  Brattleborough,  and 
who  was  one  of  the  judges  of  the  inferior  court  of  Common 
Pleas.  Having  infonned  him  of  the  arrests  he  had  made  on 
process  from  the  court  of  Vice- Admiralty,  he  told  him  that  he 
should  expect  his  aid  as  a  magistrate,  provided  there  should  be 
occasion  lor  it.  In  rej^ly,  Wells  expressed  his  dislike  to  the 
proceedings,  and  said  that  they  were  "spiteful  or  malicious 
actions,"  and  were  owing  to  Governor  Wentworth's  dislike  to 
the  people  on  the  west  side  of  the  Connecticut.  Continuing  the 
conversation,  WeEs  asked  Whiting  by  which  way  he  intended 


150  HI6TOKY    OF   EASTERN    VEEMONT.  [1769. 

to  carry  liis  prisoners  to  New  York ;  whether  through  Massa- 
chusetts and  Connecticut,  or  through  the  woods  to  Albany. 
Whiting  made  answer  that  he  was  undecided  as  to  the  route 
he  should  pursue,  and  remarked  that  Jones  and  Grout  had  told 
him,  that  by  the  laws  of  Massachusetts  there  were  regulations 
by  which  officers  of  other  governments  could  convey  prisoners 
through  that  province,  if  necessary.  Wells  replied  that  he 
knew  of  no  such  regulations,  but  if  there  were  any  such,  he 
should  advise  him  to  go  by  that  way,  as  the  travelling  would 
be  much  easier  than  by  the  road  through  the  woods  to  Albany, 
which  was  but  little  travelled,  and  for  a  part  of  which  a  guide 
would  be  indispensable.  Having  learned  on  whose  information 
Fisher  had  been  arrested,  and  Fisher  having  stated  that  he  had 
taken  only  such  trees  as  had  been  blown  down  years  before, 
and  such  as  were  partly  decayed,  WeUs  told  Whiting  that  he 
was  inclined  to  believe  the  prisoner's  statement,  as  he  knew  of 
his  having  such  logs  in  his  possession,  and  that  he  had  brought 
none  other  than  such  to  his  saw-mill.  He  added,  moreover,  that 
the  conduct  of  Jones  appeared  to  him  "  malicious  and  vexa- 
tious." Whiting  then  observed  that  he  had  no  power  to  release 
Fisher,  but  that  Jones  probably  had ;  and  desired  Wells  to  meet 
him  and  Jones  at  the  house  of  Amos  Tute  in  Hinsdale,*  on  the 
Monday  following,  for  the  purpose  of  consulting  in  reference 
to  the  prisoner's  enlargement.  To  this  proposition  Wells 
assented. 

In  connection  with  the  conversation  above  detailed,  Wells 
asked  Whiting  whether  he  had  any  means  of  procuring  the  at- 
tendance of  witnesses,  and  who  the  witnesses  were.  Whiting 
answered  that  he  had  with  him  blank  subpoenas,  which  he 
should  fill  up  with  the  names  of  those  who  could  prove  what 
was  alledged  against  the  prisoners,  and  serve.  According  to 
the  terms  of  these  subpcenas,  witnesses  were  required  to  obey 
the  directions  they  contained  under  the  penalty  of  one  hundred 
pounds.  This  representation  having  given  i-ise  to  debate,  Wells 
read  from  Jacob's  Law  Dictionary  under  the  title  Subpoena,  to 
the  effect  that  the  penalty  was  inserted  "  in  terrorem^''  and  was 
not  recoverable  of  the  witness  in  case  he  should  not  attend 
agreeable  to  the  summons.  It  further  appeared  in  the  course 
of  conversation,  that  the  witnesses,  although  commanded  to  ap- 
pear in  the  city  of  New  York,  were  to  receive  but  two  or  three 

*  Now  Vernon. 


1T69.]  PROSECUTION  OF  THE  DEANS.  151 

sliillings  to  coinj)ensate  them  for  their  loss  of  time,  and  defray 
the  expenses  of  their  journey. 

At  the  close  of  this  conference,  Whiting  proceeded  to  Hins- 
dale, where  he  found  Grout  in  consultation  with  the  Deans,  who 
with  their  keepers  had  that  day  come  from  Westminster. 
Turning  to  Whiting,  Grout  endeavored  to  persuade  him  to  go 
with  his  prisoners  through  the  provinces  of  Massachusetts  and 
Connecticut.  In  support  of  this  advice  he  mentioned  the  diffi- 
culties which  beset  the  way  through  the  mountains  to  Albany, 
the  excellence  of  the  other  route,  the  license  contained  in  the 
laws  of  Massachusetts  and  Connecticut,  allowing  officers  of  other 
jurisdictions  to  convey  prisoners  through  those  provinces,  and 
the  legal  right  w'hicli  the  guards  would  have,  should  they  adopt 
the  course  recommended,  to  require  the  assistance  of  the  people 
of  the  county  through  which  they  might  be  passing,  in  case  an 
attempt  should  be  made  to  rescue  the  prisoners.  Wait  then  told 
Whiting  that  Grout  had  said  at  Westminster  that  he,  meaning 
Whiting,  "  had  no  right  to  carry  fire-arms  when  he  had  any 
prisoner  in  his  custody."  Upon  hearing  this  statement,  Grout 
not  only  acknowledged  it  as  his  own,  but  reiterated  it,  and  added 
that  he  would  make  Whiting  comprehend  its  meaning. 

On  Sunday  morning,  September  3d,  Whiting  informed  Grout 
that  he  intended  to  set  out  for  Albany  with  his  prisoners,  on  the 
Tuesday  following,  by  the  way  of  the  woods.  Grout  in  reply 
acquainted  Whiting  with  his  business  at  Springfield,  and  desired 
him  to  tarry  at  Hinsdale  until  his  return,  which  he  fixed  on 
Tuesday  night.  Whiting  made  no  promise,  and  Grout  soon 
after  set  out  on  his  journey  down  the  river. 

Early  on  the  morning  of  the  4th,  by  previous  agreement. 
Wells  repaired  to  Hinsdale  and  there  met  Whiting  and  Fisher. 
As  the  object  of  this  meeting  was  to  consult  with  Jones,  the 
deputy-surveyor,  in  regard  to  the  release  of  Fisher,  and  as  Jones 
resided  on  the  opposite  side  of  the  river.  Whiting,  in  company 
with  Major  John  Arms,  the  High  Sherifii"  of  the  county,  crossed 
over  to  find  him.  During  their  absence.  Wells  took  the  pri- 
soners into  an  adjoining  orchard  and  engaged  them  in  conversa- 
tion. Meantime,  Wait  observed  the.  whole  proceeding,  as  he 
stood  before  the  door  of  the  house  where  his  party  were  lodged. 
The  interview  being  ended.  Wells  inquired  of  Wait  concerning 
the  route  by  which  he  supposed  the  prisoners  would  be  conveyed 
to  Kew  York,  On  being  told  that  they  would  probably  be 
taken  across  the  mountains,  he  remarked  that  it  would  be  easier 


152  HISTORY    OF   EASTERN    VERMONT.  [1769. 

to  go  down  tlie  river,  as  tliey  would  thus  gain  the  advantage  of 
"  a  good  road  all  the  way."  Wait  then  remarked  that  Whiting 
had  not  decided  when  he  left  Windsor,  upon  the  course  he 
should  pursue  in  travelling.  Wells  answered,  that  if  Whiting 
had  decided  to  pass  through  Massachusetts,  and  Grout  had 
known  of  it  before  his  departure,  he  would  probably  have  lain 
in  wait  at  Springfield  and  rescued  the  prisoners.  Such  a  trans- 
action Wait  declared  would  only  have  created  trouble  and 
increased  the  costs  of  the  trial,  as  the  prisoners  w^ould  have  been 
pursued  and  again  arrested.  By  this  time  Whiting  and  Arms 
had  returned.  Satisfactory  explanations  having  been  given, 
Fisher  was  by  Jones's  direction  released,  and  allowed  to  depart 
without  any  recognizance.  Wells  then  repeated,  in  substance, 
to  Whiting  what  he  had  before  said  to  Wait  in  reference  to  the 
intended  journey,  telling  him  among  other  things,  "  that  he 
would  never  get  across  the  woods,  and  had  much  better  go 
down  the  river  where  he  could  go  in  a  canoe  or  have  a  good 
road  all  the  way."  He  however  advised  him,  in  case  he  should 
go  by  the  mountain  road,  to  get  one  Stockwell  for  a  pilot,  who, 
he  said,  was  reputed  to  know  the  way  well. 

On  the  afternoon  of  the  5th,  which  was  Tuesday,  Whiting  and 
liis  party  started  on  their  journey.  At  the  time  of  their  depar- 
ture Grout  was  still  absent.  On  their  way  through  Brattle- 
borough  they  met  Sheriff  Arms  at  Wells's  saw-mill,  which  was 
situated  beside  the  highway,  and  from  him  received  an  invita- 
tion to  stop  at  his  house  when  they  should  reach  it,  and  take 
some  refreshment.  On  arriving  at  his  house,  a  dinner  was  pro- 
vided for  them,  and  on  sitting  down  at  the  table,  they  discovered 
that  Wells  and  Daniel  Whipple  were  also  guests  of  Major  Arms, 
During  the  repast.  Wells  sent  to  his  house  for  rum,  "and 
having  made  some  liquor  they  all  drank  and  conversed  freely 
together."  At  the  request  of  Whiting,  Wells  advised  the  pri- 
soners, as  they  had  but  little  money  with  them,  to  give  Whiting 
an  obligation  under  their  hands,  for  the  repayment  of  what  he 
should  expend  for  them  on  the  road.  To  this  proposal  they 
agreed,  and  Wells  having  written  the  obligation,  they  executed 
it.  As  conversation  became  less  restrained,  owing  in  part  to 
the  excellence  of  the  "  liquor,"  Wells  told  Whiting  that  had  he 
gone  through  Massachusetts,  he  thought  Grout  would  have  arrest- 
ed him  on  behalf  of  his  prisoners  for  false  imprisonment,  and 
that  the  prisoners  would  have  been  set  at  libei-ty.  In  the  same 
manner,  others  of  the  company  bantered  him,  until  growing 


1769.]  A   RESCUE   THREATENED:  153 

angry,  he  intimated  that  Wells  had  sent  Grout  on  his  errand  to 
Springfield,  told  him  "  he  was  a  pretty  devil  of  a  judge  to  at- 
tempt to  serve  him  in  that  manner,"  and  further  declared,  that 
it  was  his  duty  as  a  magistrate,  "  rather  to  assist  an  officer  with 
prisoners,  than  to  try  to  lead  him  into  a  snare."  To  these  un- 
courteous  remarks  Wells  replied,  "  that,  so  far  from  leading  him 
into  a  snare,  he  never  knew  that  Grout  had  gone  to  Massachu- 
setts, until  Whiting  had  so  informed  him."  "  Had  I  sent  Grout 
to  Springfield,"  said  he,  "  do  you  think  I  would  have  advised 
you  not  to  go  that  way  ?"  Changing  his  tone,  he  declared  that 
the  arrest  of  the  Deans  was  "  but  a  bad  or  a  spiteful  action," 
that  he  was  determined  to  assist  them  to  the  extent  of  his  power, 
and  intimated  his  regret  that  he  was  not  able  to  set  them  free. 
Whiting  seemed  satisfied  with  the  former  part  of  this  explana- 
tion, and,  the  dinner  being  ended,  requested  Wells  to  accompany 
him  two  or  three  miles  and  sho^  him  the  road  to  Albany,  with 
which  request  he  complied.  As  they  were  proceeding  on  their 
journey,  the  prisoners  on  foot  being  unable  to  keep  pace  with 
Whiting  who  was  on  horseback,  were  told  by  him,  that  unless 
they  travelled  faster,  he  would  fasten  them  together  with  ropes 
or  straps,  and  throwing  them  across  his  horse  would  carry  them 
in  that  way,  or  would  tie  them  to  the  animal's  tail  in  order  that 
they  might  learn  the  proper  step.  Wells  then  counselled  them 
to  make  as  much  haste  as  they  could  conveniently,  to  be 
obedient  to  their  guards,  and  by  no  means  to  attempt  an  escape. 
With  this  advice  they  promised  to  comply.  Before  parting, 
Whiting  remarked  to  Wells  that  his  advice  had  caused  the 
prisoners  to  walk  much  faster,  and  thanked  him  for  all  the 
favors  he  had  shown  him. 

Whiting  conveyed  his  prisoners  that  day  as  far  as  Marl- 
borough, and  obtained  lodgings  at  a  kind  of  a  half  inn  kept  by 
one  Stowell.  During  the  night,  the  small  log-house  which 
they  occupied  was  beset  by  a  body  of  men  from  Brattleborough 
and  Guilford,  who  broke  into  the  lower  part  and  behaved  in  a 
very  riotous  manner,  swearing  they  would  release  the  Deans 
or  pull  down  the  building,  and  at  the  same  time  uttering  many 
violent  threats  against  Whiting.  This  tumult  was  owing  to  the 
language  which  Whiting  had  used  to  his  prisoners  in  the  pre- 
sence of  Wells,  and  which  Wells  had  reported  on  his  return 
liome.  When  tlie  mob  had  been  informed  that  the  Deans  had 
not  been  treated  with  the  violence  which  had  been  thi'eatened, 
they  made  no  further  trouble. 


154  HISTORY   OF   EASTERN    VERMONT.  [1769. 

On  the  morning  of  the  6th,  "Wells,  who  had  received  a 
message  from  Sheriff  Arms,  announcing  the  tumult  of  the  pre- 
ceding night,  immediately  mounted  his  horse,  and  with  the 
sheriff  rode  to  the  place  where  Whiting  and  his  party  had 
lodged.  Being  assured  that  the  people  had  dispersed  without 
committing  any  acts  of  violence,  and  having  collected  such 
information  as  suited  their  magisterial  purposes,  they  returned. 
Warrants  were  soon  after  issued  for  the  arrest  of  the  three 
principal  leaders,  and  two  of  them  having  been  taken,  were 
bound  by  recognizance  to  appear  at  the  next  general  session 
of  the  county  court.  Wells  declared  openly  that  those  engaged 
in  the  disturbance  ought  to  be  severely  punished,  and  that  he 
would  do  all  within  his  power  to  bring  the  guilty  ones  to 
justice. 

Grout,  who  had  left  Hinsdale  on  Sunday  morning,  arrived  at 
Springfield  the  next  day,  and  informed  Capt.  Dean  of  what 
had  befallen  his  two  sons,  of  their  extreme  destitution,  and  of 
the  determination  of  Whiting  to  leave  with  them  for  New 
York  by  the  way  of  the  woods  on  the  noon  of  the  following 
Tuesday.  On  account  of  a  cause  depending  before  the  inferior 
court  of  Common  Pleas  then  sitting  at  Springfield,  to  which 
Dean  was  obliged  to  attend,  he  was  not  able  to  reach  Hinsdale 
until  Tuesday  i^ight.  Finding  that  Whiting  had  left  with  the 
prisoners.  Dean  proceeded  to  Brattleborough,  where  on  Wed- 
nesday morning  he  saw  Wells.  Understanding  by  him  and 
others,  that  the  process  issued  from  the  court  of  Admiralty  was 
against  him  as  well  as  his  sons,  he,  by  Wells's  advice,  set  out  for 
New  York  to  surrender  himself  to  the  Marshal,  and  take  trial 
with  his  sons.  When  within  about  thirty  miles  of  that  city,  he 
overtook  Whiting,  who  placed  him  in  custody,  and  on  arriving 
at  the  place  of  destination,  lodged  him  and  his  sons  in  jail. 

On  the  application  of  Capt.  Dean  and  his  sons,  James  Dnane 
of  the  city  of  New  York,  who  believed  the  prosecution  to  be 
hard  and  unjust,  undertook  their  defence  as  Proctor  in  the 
Yice- Admiralty  court.  Being  of  opinion  that  they  could  riot  be 
held  to  bail  on  such  a  prosecution,  he  moved  that  they  should 
be  discharged  on  entering  their  appearance.  This  motion  the 
court  overruled,  and  ordered  them  to  be  held  to  bail  in  a  large 
sum.  Not  being  fortunate  enough  to  procure  the  specified 
bail,  they  were  imprisoned.  Finding  that  they  should  be 
utterly  unable  to  pay  the  expenses  of  a  trial,  they  petitioned 
the  judge  of  Admiralty  to  give  judgment  against  them,  which 


1769,  1770.]  AN  EXECUTION   ISSUED.  155 

was  done.  Being  equally  unable  to  pay  the  fines  and  costs 
which  were  imposed  on  them  as  the  result  of  their  default,  they 
were  recommitted  to  prison,  where  they  remained  for  several 
months.  During  this  time,  as  the  little  money  they  had  brought 
with  them,  and  received  from  the  sale  of  their  horees,  was 
expended,  and  as  they  had  no  means  of  pm-chasing  food,  they 
desired  Duane  to  intercede  with  the  judge  of  the  Admiralty  in 
their  behalf,  and  by  his  order  to  procure  for  them  an  allowance 
of  bread  and  water,  to  which  they  were  entitled  as  prisoners  at 
the  suit  of  the  Crown.  Tlie  judge  having  declared  that  he 
had  no  right  to  direct  such  a  supply,  Capt.  Dean  entered  into 
negotiations  with  his  friend  Wells  for  the  sale  of  his  effects  on 
his  farm  at  Windsor,  in  order  to  raise  money  therefrom  for  the 
support  of  himself  and  his  sons.  In  answer  to  Wells,  who  con- 
sulted with  him  on  the  subject,  Duane  expressed  his  approba- 
tion of  the  act  as  one  that  was  both  legal  and  philanthropic. 
That  no  disadvantage  through  misrepresentation  or  otherwise, 
might  attach  to  Wells  on  account  of  the  share  which  he  would 
bear  in  the  transaction,  Duane  waited  upon  the  judge  of  the 
Admiralty,  and  laid  the  whole  matter  before  him.  The  judge 
made  no  objection  to  the  proceedings,  nor  did  he  in  any  man- 
ner evince  his  dislike  thereto.  In  consequence  of  this  informa- 
tion, Capt.  Dean,  on  the  lith  of  November,  pending  the  suit, 
gave  Wells  a  bill  of  sale  of  all  his  household  goods  and  personal 
estate,  the  proceeds  from  which  enabled  him  to  support  him- 
self and  his  sons  in  prison.  When  the  trial  came  on,  the  judge 
having  decided  that  the  defendants  had  been  guilty  of  the 
charo-es  alledo^ed  against  them,  and  therefore  had  incurred  the 
penalties  of  the  statute  in  that  case  provided,  directed  an 
execution  against  their  goods  and  chattels,  but  these  having 
been  previously  alienated  to  Wells,  the  recovery  of  the  penal- 
ties was  rendered  impossible. 

While  matters  were  in  this  condition.  Governor  Wentworth, 
on  the  10th  of  February,  1770,  wrote  to  Lieutenant-Governor 
Golden,  condemning  in  strong  terms  Wells's  conduct.  After 
summing  up  his  misdemeanors,  he  concluded  on  that  subject  in 
these  words  :  "  Attempting  to  mislead  an  officer,  countenancing 
open,  daring  trespassers,  and  aiding  in  throwing  the  charge  of 
their  prosecution  on  the  Crown,  are  so  heinous  in  any  subject, 
but  in  a  judge  so  highly  ruinous  and  dishonorable  to  the  service, 
that  I  think  it  my  duty  to  the  king,  herein  again  to  assure  you, 
that  every  public  mischief  must  result  to  the  department  of 


156  HISTORY    OF   EASTERN    VERMONT.  [1770. 

Surveyor  of  Woods,  if  Mr.  Wells  cloatli'd  with  the  power  and 
influence  of  magistracy,  may  still  be  an  example  of  counteract- 
ing and  frustrating  such  useful  and  essential  laws  with  impunity." 
The  remainder  of  the  letter  was  occupied  with  eulogiums  on 
the  "just,  legal,  and  impartial  administration  of  the  court  of 
Yice- Admiralty,"  regrets  at  the  unhappy  state  of  feeling  then 
existing  among  the  inhabitants  of  the  New  Hampshire  Grants, 
and  promises  of  assistance  in  supporting  law  and  order. 

Accompanying  this  communication  was  a  memorial  of  the 
same  date  from  Governor  Wentworth  as  Surveyor-General  to 
Lieutenant-Governor  Golden  and  the  Council.  In  defence  of 
the  proposal  which  was  to  follow,  he  declared  that  by  "the 
express  terms"  of  the  charters  issued  "  under  the  public  seal  of 
New  Hampshire,"  lands  were  to  revert  to  the  king,  "  with 
right  of  re-entry"  when  those  who  held  them  were  guilty  of 
cutting  the  pine  trees  with  w^hich  they  abounded,  without  first 
obtaining  a  license.  In  conformity  with  this  stipulation,  he 
desired  that  the  lands  in  Windsor  where  the  trespass  had  been 
committed,  might  be  taken  from  the  Deans  and  escheated  to 
the  king.  He  further  remarked,  that  by  such  a  course  the 
laws  for  the  preservation  of  his  Majesty's  masting  timber  would 
be  more  effectually  enforced.  If  other  measures,  he  added  in 
conclusion,  shall  be  pursued,  "  that  penalty  of  the  statute 
which  was  wisely  formed,  and  which  by  the  exj)erience  of 
nearly  half  a  century  has  in  other  provinces  been  found 
effectual,"  will  be  eluded  and  defied. 

These  documents  having  been  read  before  the  Council  of 
New  York  on  the  14th  of  March,  an  answer  to  that  portion  of 
them  in  which  Wells  was  charged  with  misconduct,  in  advanc- 
ing money  on  the  personal  effects  of  the  Deans,  was  deemed 
just  and  proper.  Governor  Wentworth  was  in  consequence 
informed  on  the  21st  of  March,  "that  the  persons  who  assigned 
the  goods  were  then  in  prison ;  that  having  no  means  of  sub- 
sistence, Mr.  Duane,  their  counsel  at  law,  advised  the  assign- 
ment of  the  goods  as  necessary  for  their  support,  which  were 
of  small  value,  and  were  sold  to  Mr.  WeUs,  and  the  monies 
applyed  accordingly ;  that  Mr.  Wells  declined  taking  the 
goods,  until  Mr.  Duane  assured  him  he  might  do  it  with  safety ; 
and  that  his  acceptance  of  the  goods  was  therefore  rather  to  be 
considered  as  an  act  of  humanity,  than  prejudicial  to  the 
Crown." 

On  the  14th  of  August,  a  committee  consisting  of  William 


1770.]  EEPOKT  OF  THE  COMMITTEE.  157 

Smith,  Henry  Cniger,  and  Heniy  Wliite,  were  appointed  by  an 
order  of  the  Governor  and  Council  of  the  province  of  New 
York,  to  consider  the  letter  and  memorial  of  Governor  Went- 
worth,  and  the  accompanying  documents.  In  answer  to  the 
first  charge  brought  against  Mr.  Wells,  namely,  that  he  endeavor- 
ed to  frustrate  the  arrest  of  certain  persons  lawfully  prosecuted, 
the  committee,  after  examining  his  own  declaration  and  the 
depositions  of  a  number  of  witnesses,  replied  in  these  words : — • 
""We  cannot  see  sufficient  cause  to  advise,  either  a  removal 
of  Mr.  Wells  from  the  places  he  holds,  or  any  prosecution 
against  an  officer,  who  we  are  informed  sustains  a  fair  character, 
even  in  a  district  where  there  are  not  wanting  some  persons, 
to  whom,  from  their  attachment  to  the  nnjustifiable  claim  of 
the  province  of  New  Hampshire,  and  his  zeal  in  asserting  the 
right  and  jurisdiction  of  tliis  colony,  he  mnst  be  peculiarly 
obnoxious."  To  the  other  charge  alledged  against  Mr.  Wells, 
namely,  that  he  had  taken  a  conveyance  of  the  effects  of  the 
offenders,  pending  the  suit,  to  prevent  a  recovery  of  the  penalty 
which  they  had  incurred,  the  committee  made  answer,  that 
"  parties  prosecuted,  had  by  law  a  right  to  convey  away  their 
effects,  and  Mr.  Wells's  acceptance  of  the  grant,  with  the  cau- 
tion, and  in  the  circumstances,  and  for  the  ends  proved  by  Mr. 
Duane,  we  cannot  conceive  to  be  in  the  least  degree  criminal." 
The  committee  further  advised,  that  copies  of  the  depositions 
then  in  their  hands  should  be  sent  to  Mr.  Wentworth,  "in 
justification  of  the  conduct  of  this  government,  and  to  show  his 
Excellency  our  readiness  to  make  diligent  examination  into  the 
matters  of  his  complaint." 

In  answer  to  the  request  contained  in  the  memorial,  that  the 
lands  of  the  trespassers  might  be  declared  forfeited,  the  com- 
mittee, in  concluding  their  report,  replied : — ^We  "  conceive  that 
advantages  of  broken  conditions  expressed  in  royal  grants,  are 
to  be  taken  in  a  legal  course,  by  regular  prosecutions  against 
the  patentee  ;  and  that  it  would  be  manifestly  improper  to  order 
any  steps  for  that  purpose  in  the  present  case,  because  we  con- 
sider the  grant  which  his  Excellency  refers  to,  as  merely  void 
for  want  of  authority  in  the  government  of  New  Hampshire,  to 
issue  patents  for  lands  (as  has  been  done  in  many  instances)  on 
the  west  side  of  Connecticut  river." 

In  this  manner  ended  the  foolish  attempt  of  Governor  Went- 
worth to  gratify  his  feelings  of  dislike  towards  the  inhabitants 
of  the  "  Grants,"  who  acknowledged  the  jurisdiction  of  New 


158  HISTORY    OF   EASTERN   VERMONT.  [1770. 

York,  by  persecuting  a  few  harmless  individuals,  who,  if  they  had 
committed  any  wrong  by  trespass,  had  been  driven  to  it  by  the 
neglect  of  the  Surveyor-General's  deputies.  It  does  not  appear 
that  the  prosecution  against  the  Deans  was  continued  after  the 
Council  of  New  York  had  expressed  their  opinion  so  plainly  on 
the  subject,  and  it  is  more  than  probable  that  the  suit  was 
abandoned,  when  it  was  found  that  the  real  motives  of  Governor 
Wentworth,  in  pursuing  the  course  he  had  adopted,  were  more 
deserving  of  reprobation  than  of  praise.* 

*  Doc.  Hist.  N.Y.,iv.  621-633,  645-660.  MS.  Deposition  of  Ephraim  Ranney 
and  Silence,  his  wife,  March  23d,  1770 ;  also  of  Rachel  Dean,  wife  of  William 
Dean  Jr.  MS.  Council  Minutes,  in  office  Sec.  State  N.  Y.,  1770,  pp.  179,  181,  193, 
196-197. 


CHAPTER  YH. 

PROGRESS   OF   ORGANIZATION. 

Gloucester  County  established — Sessions  of  the  Court  at  Kingsland — CoL  Nathan 
Stone  of  Windsor — His  Conference  with  CoL  Samuel  "Wells — Troubles  at 
Windsor — Assault  on  the  Sheriif  of  Cumberland  County — Attempt  to  Overawe 
the  Courts — Dislike  towards  John  Grout,  an  Attorney — Determination  to  "  Throw 
him  over  the  Bar" — Grout  taken  by  the  Mob — Carried  to  Chai-lestown — 
Thence  to  Windsor — He  refuses  to  accept  the  Terms  of  the  Rioters — Escapes 
from  Confinement — The  Inhabitants  of  the  "  Grants"  petition  the  King — Large 
Ti-acts  of  Land  in  Hinsdale  and  Guilford  granted  by  Gov.  Tryon  to  Col. 
Howard — Disturbance  at  Putney — Attempts  at  Jail  Building  by  Thomas 
Chandler — Description  of  the  Jails — The  People  of  Cumberland  County  petition 
for  a  Removal  of  the  Shire  Town  from  Chester — Chandler's  Objections  to  a 
Change — Subject  brought  before  the  Legislature  of  New  York — Act  passed  for 
erecting  County  Buildings — Westminster  chosen  as  the  Coimty  Town — The 
"  Old  Court  House." 

The  territory  north  of  Cumberland  county  had  for  several  years 
been  the  resort  of  a  "  lawless  banditti  of  felons  and  criminals," 
who  found  in  that  distant  region  a  safe  retreat  from  creditors 
and  officers  of  the  law.  There  were  also  living  there,  a  number 
of  poor  but  reputable  people,  who,  actuated  by  the  desire  of 
extending  their  possessions  and  enticed  by  the  cheapness  of  the 
land,  had  settled  almost  beyond  the  bounds  of  civilization,  and 
were  striving  to  subdue  the  wilderness,  and  adorn  the  steeps  of 
the  Grreen  mountains  and  the  shores  of  the  Connecticut  with  the 
luxuriance  of  waving  harvest-fields.  After  the  formation  of 
Cumberland  county,  it  was  generally  understood  that  the  re- 
maining portions  of  the  "  Grants"  were  to  be  deemed  a  part  of 
Albany  county.  The  authority  of  the  latter  county  in  the  dis- 
trict referred  to,  was,  however,  merely  nominal,  and  but  little 
respect  was  paid  to  officers  who  issued  their  precepts  at  a  dis- 
tance of  two  hundi'ed  miles  from  the  place  where  they  were  to 
take  effect,  and  then  left  it  to  chance  or  a  wandering  peddler 
to  effect  a  service.     Weary  of  hving  without  laws,  the  Intel- 


160  HISTORY    OF    EASTERN    VERMONT,  [1770. 

ligent  and  well  disposed  inhabitants  of  the  new  country,  sent  a 
petition  to  the  city  of  New  York  asking  for  the  establishment 
of  a  county.  The  subject  was  taken  up  in  Council,  on  the  28th 
of  February,  1770,  Lieutenant-Governor  Golden  being  present, 
and  its  discussion  resulted  in  the  passage  of  an  order,  directing 
his  Majesty's  Attorney-General  to  prepare  the  draft  of  an  ordi- 
nance establishing  as  a  separate  county  by  the  name  of  Glou- 
cester, the  territory  lying  north  of  the  north  line  of  Cumberland 
county,  and  extending  from  the  Green  mountains  to  Connecticut 
river.  The  ordinance  was  passed  on  the  16th  of  March,  and 
from  that  period  dates  the  formation  of  the  county  of  Glou- 
cester. At  the  same  time,  Kingsland  was  selected  as  the  county 
town.* 

On  the  29th  of  May  following,  the  first  term  of  the  courts  of 
Common  Pleas  and  of  General  Sessions  was  held  at  Kingsland, 
which  was  then  little  more  than  a  wilderness.  A  full  bench  of 
judges  was  present,  also  three  of  the  four  justices  of  the  quorum 
and  the  sheriif,  but  it  does  not  appear  that  any  business  was 
transacted.  Tlie  court  met  again  at  the  same  place  on  the  28th 
of  August,  and  after  apjDointing  four  constables,  Simeon  Stevens 
for  Newbury,  Jesse  McFarland  for  Moretown,  Abner  Howard 
for  Thetford,  and  Samuel  Pennock  for  Strafford,  adjourned  for 
three  months.  On  assembling  at  the  appointed  time,  the  27th 
of  November,  the  "  eight  causes"  on  the  docket  were  "  j)ut 
over  ;"  the  constabulary  force  of  Thetford  was  increased  by  the 
addition  of  Ebenezer  Green ;  Samuel  Pennock,  Ebenezer 
Martin,  Ebenezer  Green,  and  James  Allen,  were  made  county 
surveyors,  and  the  session  was  brought  to  a  close.  In  the 
following  year,  on  the  25th  of  February,  Judge  John  Taplin, 
Sheriff  John  Taplin  Jr.,  and  John  Peters,  who  served  in  the 
double  capacity  of  clerk  and  justice  of  the  quorum  or  assistant 
justice,  set  out  from  Moretown  for  Kingsland  for  the  pui-pose 
of  dispensing  justice  as  usual.  Owing  to  the  depth  of  the  snow 
they  were  obliged  to  travel  on  rackets,  and  the  difficulty  of  this 
mode  of  progression  was  increased  by  the  want  of  a  road.  On 
the  second  day  of  their  journey,  having  travelled  a  considerable 
distance,  and  being  unable  to  decide  as  to  their  situation,  except 
that  they  were  "  far  in  the  woods,"  they  made  a  halt  and  "  the 
court  was  ordered  to  be  opened  on  the  spot."  The  records  of 
the  doings  on  this  occasion  and  at  the  next  session  are  in  these 

*  The  boundaries  of  Gloucester  county  are  given,  ante,  pp.  5,  6. 


1T70.]  THE   WINDSOR    PEOPLE.  161 

words  :  "  Tlie  court,  if  one,  adjourned  over  until  tlie  last  Tues- 
day in  May  next,  at  wliich  time  it  was  opened,  and  after  dis- 
posing of  one  case  of  bastardy,  adjourned  to  August  next." 
The  inconveniences  of  holding  the  courts  in  a  locality  as  unset- 
tled and  unknown  as  Kingsland  being  evident,  an  ordinance 
was  passed  by  the  Council  of  Kew  York  on  the  9th  of  April, 
1772,  directing  the  courts  of  Common  Pleas  and  General  Sessions 
of  the  peace  for  Gloucester  county,  to  be  held  in  the  township 
of  Newbury  on  the  last  Tuesday  in  the  months  of  February 
and  August,  "  during  the  space  of  seven  years."  From  this 
time  the  throne  of  sovereign  law  was,  doubtless,  established  in 
greater  dignity,  and  the  sceptre  of  justice  regarded  with  more 
profound  respect.^ 

The  inhabitants  of  Windsor,  most  of  whom  adhered  to  the 
jurisdiction  of  New  Hampshire,  were  willing  that  those  who 
favored  the  government  of  New  York  should  be  severely 
punished  for  misdemeanors,  as  has  been  plainly  seen  in  the  case 
of  the  Deans,  before  recited.  Tliey  also  denied  the  authority  of 
the  courts  established  by  New  York,  and  were  ever  ready  to 
resist  the  execution  of  precepts  issuing  therefrom.  During  the 
month  of  May  in  the  year  1770,  as  Samuel  Wells  of  Brattle- 
borough,  one  of  the  judges  of  the  Inferior  court  of  Common 
Pleas  for  Cumberland  county,  was  returning  home  from  a  jour- 
ney, he  called  on  Col.  Nathan  Stone  of  Windsor,  a  justice  of  the 
peace  under  a  New  York  commission,  but  at  heart  and  in  action 
a  cooperator  with  those  who  maintained  the  supremacy  of  New 
Hampshire  titles.  As  Wells  was  leaving.  Stone  mounted  his 
horse  and  accompanied  his  guest  almost  to  the  limits  of  the 
town.  Their  discourse  happening  to  turn  on  the  opposition 
which  had  been  made  by  the  people  of  Windsor  to  the  sheriff, 
who  not  long  before  had  endeavored  to  serve  some  precepts 
there.  Stone  declared  that  no  writs  nor  precepts  from  either  of 
the  courts  of  the  county  should  be  served  m  Windsor  ;  that  the 
formation  of  the  comity  was  a  sham ;  that  the  patent  authorizing 

*  Book  of  Commissions,  in  office  Sec.  State  N.  Y.,  1'751-1'7'70,  v.  440 ;  17*70- 
1789,  D.  vi  27.     Deming's  Vt.  Officers,  p.  119.     Doc.  Hist.  I^.  T.,  iv.  634,  635. 

The  township  of  Washington,  situated  in  the  north-western  part  of  Orange 
county,  comprises  the  territory,  formerly  included  within  the  bounds  of  Kings- 
land.  Kingsland  was  probably  chartered  early  in  1770.  Soon  after  that  event,  a 
town  plot  was  laid  out  into  village  lots  near  the  centre  of  the  town,  and  a  log  jail 
was  erected.  The  latter  circumstance  gave  the  name  of  Jail  Branch  to  two 
streams  which  take  their  rise  in  Washington.  One  of  these  empties  into  the 
Winooski,  the  other  into  Wait's  river. — Thompson's  Vt.,  Part  IIL  p.  182. 


162  HISTOEY   OF   EASTERN   VERMONT.  [1770. 

its  erection  was  a  libel,  since  it  contained  expressions  in  regard 
to  the  inhabitants  of  the  "  Grants "  which  were  untrue ;  that 
justice  could  not  be  obtained  in  the  county  because  of  the  cor- 
ruption of  the  judges  and  of  the  other  officers  ;  that  the  courts 
were  ruled  entirely  by  John  Grout,  an  attorney,  residing  at 
Chester,  and  that  he.  Stone,  was  determined  to  oppose  the 
authority  of  the  courts  and  the  judges  so  long  as  he  had  "  a  drop 
of  blood  in  his  veins."  He  further  informed  "Wells  that  friend- 
ship had  induced  him  to  bear  him  company  until  he  had  passed 
most  of  the  settlements  in  the  town,  and  intimated  that  should 
"Wells  ride  alone  through  the  town,  he  would  be  in  danger  of 
being  assaulted  by  the  people. 

"Wells  endeavored  to  convince  Stone  of  the  danger  of  resist- 
ing the  administration  of  justice,  and  exhorted  him  to  alter  his 
determination,  telling  him,  that  if  the  people  would  for  the  future 
make  no  opposition  to  the  free  execution  of  the  laws,  it  would 
be  the  most  likely  method  to  induce  the  civil  authority  to  pass 
over,  "in  the  tenderest  manner,"  the  opposition  which  had 
already  been  made.  He  also  remarked,  that  if  Grout  or  any  of 
the  justices  or  officers  had  committed  any  wrong,  the  law 
provided  a  sufficient  remedy,  and  was  the  only  medium  by 
which  offenders  could  be  properly  punished.  To  a  final  obser- 
vation on  the  part  of  "Wells,  expressive  of  a  fear  lest  Stone's 
determination  to  withstand  the  authority  of  the  courts  had 
been  hastily  made,  Stone  replied,  that  he  had  resolved,  at  least 
five  or  six  months  before,  to  resist  the  execution  of  writs  ;  "that 
while  he  had  life,  he  would  oppose  the  sheriff,  and  that  the  peo- 
ple of  "Windsor  and  some  other  places  would  join  and  stand  by 
him  to  the  last  drop  of  their  blood." 

A  few  days  after  this  interview  and  before  the  end  of  the 
month  of  May,  Daniel  "Whipple,  the  high  sheriff  of  the 
county,  in  order  to  retake  Joseph  "Wait,  Benjamin  "Wait,  l^athan 
Stone  and  Samuel  Stone  of  "Windsor,  who,  having  been  arrested 
by  him  a  short  time  previous,  on  a  precept  from  the  Inferior 
court  of  Common  Pleas,  had  been  rescued  by  a  number  of 
armed  men,  collected  a  posse  of  a  dozen  or  fifteen  persons, 
among  whom  was  John  Grout,  and  with  them  repaired  to  the 
house  of  Joseph  "Wait,  in  order  to  arrest  him.  Being  informed 
that  he  was  at  the  house  of  Benjamin  "Wait,  the  sheriff  proceeded 
thither.  He  had  gone  but  a  short  distance,  when  he  perceived 
a  body  of  armed  men  approaching.  Conspicuous  in  the  crowd 
were  those  against  whom  the  precept  was  issued.     Accompany- 


1770.]  RIOTOUS    PROCEEDINGS.  163 

ing  them  were  David  Stone,  Steel  Smith,  Elisha  Hawley,  Peter 
Levins,  Benjamin  Thurston,  Samuel  Gridley,  David  Getchel, 
Jacob  Getchel,  Ebenezer  Hoisington,  senior  and  junior,  Simeon 
Mills,  Enoch  Judd,  Ebenezer  Curtis,  Solomon  Emmons,  John 
Benjamin,  Andrew  Norton,  Jonathan  Noble,  John  White, 
Samuel  Whiston,  Elnathan  Strong,  Joseph  Thompson,  Joseph 
King,  and  Aaron  Bartlett,  some  of  whom  were  office-holders  in 
the  county,  and  nearly  all  inhabitants  of  Windsor.  Tlie  party 
appeared  to  be  under  the  general  direction  of  Nathan  Stone, 
who  was  armed  with  a  sword.  Tlie  sheriff  on  approaching 
within  hearing  distance,  made  proclamation  in  form  of  law  for 
them  to  disperse,  but  without  effect.  The  rioters,  led  on  by 
Joseph  Wait,  who  for  a  time  assumed  command,  then  made  an 
assault  upon  the  sheriff  and  his  posse,  whom  they  soon  over- 
powered. Wait,  being  armed  with  a  club  and  pistol,  struck  at 
Grout  twice  with  the  former  weapon,  but  he  avoiding  the  blow, 
Wait  levelled  his  pistol  at  him,  whereupon  he  surrendered. 
The  sheriff  and  his  posse  having  been  conducted  to  the  house 
of  Joseph  Wait,  were  informed,  that  one,  at  least,  of  their  num- 
ber would  be  detained  as  a  prisoner  until  the  sheriff.  Grout,  and 
some  others,  should  enter  into  bonds  in  the  sum  of  five  hundred 
pounds,  to  be  forfeited  if  the  action  on  which  the  sheriff  was 
attempting  to  take  them  was  further  prosecuted,  or  if  any 
of  the  inliabitants  of  Windsor  should  be  prosecuted  at  the  next 
general  sessions  for  any  crimes,  whatever  might  be  their  nature. 
They  also  demanded  of  the  sheriff,  that  he  should  engage  to 
make  return  upon  the  process  against  Joseph  Wait,  Benjamin 
Wait,  Nathan  Stone,  and  Samuel  Stone,  that  those  persons  could 
not  be  found  in  his  bailiwick.  To  these  terms  the  sheriff  refused 
to  assent.  To  attempt  to  force  him  to  a  compliance  was,  to  say 
the  least,  unpleasant.  For  this  reason,  and  through  fear  lest  a 
continuance  of  violent  measures  might  bring  upon  them  deserved 
retribution,  the  rioters  released  him  and  his  posse,  without 
conditions,  after  having  detained  them  as  prisoners  about  seven 
hours. 

On  the  3d  of  June,  which  was  the  Sunday  before  the  sitting 
of  the  courts  of  the  county,  Bildad  Andros,  of  Westminster, 
called  at  the  house  of  Judge  Wells,  in  Brattleborough,  and 
showed  him  a  copy  of  a  letter  written  by  Israel  Curtis,  one  of 
his  Majesty's  justices  of  the  peace  by  commission  from  New 
York,  and  directed  to  a  certain  Mr.  Webb,  of  Westminster. 
From  this  document  WeUs  inferred,  that  Curtis,  Stone,  and  a 


164  HISTOKY   OF   EASTEKN   VERMONT.  [ITTO. 

number  of  others,  from  Windsor,  intended  to  assemble  at  Chester 
for  the  pm'pose  of  disturbing  the  court  and  exciting  a  tumult. 
In  consequence  of  this  information.  Wells,  in  company  with 
Joseph  Lord,  his  associate  on  the  bench,  set  out  as  soon  as 
possible  for  Chester,  where  they  arrived  on  the  evening  of  the 
4:th  of  June,  and  immediately  presented  the  copy  of  Curtis's 
letter  to  Thomas  Chandler,  the  first  judge  of  the  court,  and 
to  some  justices  of  the  peace  who  happened  to  be  present. 
After  consultation,  the  magistrates  decided,  in  view  of  the 
ambiguous  terms  in  which  the  missive  was  couched,  that  they 
would  make  no  preparations  to  resist  an  attack,  but  would  pro- 
ceed with  business  unless  prevented  by  force. 

On  the  morning  of  the  5th,  which  was  the  day  appointed  for 
the  opening  of  the  court,  Col.  Stone,  accompanied  by  those  who 
a  few  days  before  had  overpowered  the  sheriff  and  his  posse, 
appeared  "  in  a  riotous  and  tumultuous  manner,"  at  the  place 
where  the  court  was  to  sit.  Stone  was  armed  with  a  sword, 
Joseph  Wait  "  with  a  dagger  or  hanger,"  and  the  rest  of  the  party, 
thirty  or  more  in  number,  with  walnut  clubs.  Judge  Chandler, 
fearing  from  their  mai-tial  appearance  that  mischief  was  in- 
tended, mildly  demanded  of  Stone  the  reason  of  his  being 
armed,  and  desired  him  not  to  carry  his  sword  into  court. 
Stone  repHed  to  this  remonstrance,  but  in  a  voice  so  low,  that 
his  words  were  not  distinguishable.  Tlie  judges  soon  after  took 
their  seats,  and  the  court  was  regularly  opened.  Upon  this 
the  rioters  entered  the  building  without  removing  their  hats, 
and  commenced  hostile  demonstrations.  Stone,  with  his  sword 
drawn,  accompanied  by  Wait,  who  was  also  armed,  apj)roached 
the  table  before  the  judges'  seat,  the  rest  of  the  pai-ty  standing 
a  little  back  from,  but  facing  the  bench,  and  demanded  of  the 
judges  a  declaration  of  the  right  by  which  they  presumed  to 
sit  there  as  a  court,  adding  that  this  demand  was  made  in 
behalf  of  the  public.  These  remarks  were  at  the  same  time 
seconded  by  Wait  and  Curtis.  Some  of  the  judges  answered, 
"  that  the  letters  patent,  or  ordinance  erecting  the  county  and 
the  commission  of  the  pleas,"  which  docmnents  "  were  always 
read  at  the  opening  of  the  court,"  showed  their  authority,  and 
that  those  who  were  seeking  satisfaction  should  have  attended 
when  these  were  published.  The  immediate  effect  of  this 
announcement  was  to  elicit  from  Stone,  Wait,  and  Curtis,  in 
"  many  arguments,"  a  denial  of  the  authority  of  the  govern- 
ment ^f  New  York  to  establish  the  county  of  Cumberland. 


1710.]  THE  COURT  TnEEATENKD,  1G5 

To  these  remarks  the  court  did  not  offer  a  reply,  but  gave  the 
rioters  to  understand  that  their  presence  should  not  hinder  the 
business  for  which  the  court  had  assembled. 

Wait,  who  with  some  others  stood  indicted  for  a  riot,  then 
demanded  an  immediate  trial,  which  the  court  did  not  deem  it 
prudent  at  that  time  to  grant.  For  this  course  there  was  a  suffi- 
cient reason.  Under  the  circumstances,  any  jury  which  might 
have  been  empanelled  would  have  been  more  or  less  influenced 
in  their  verdict  by  the  hostile  presence  of  those  whom  they  would 
have  been  required  to  try.  On  the  other  hand,  some  immediate 
act  of  violence  it  was  feared  would  be  the  result,  should  the 
offenders  be  required  to  enter  into  a  recognizance  to  appear  at 
the  next  term.  Notice  was  accordmgly  given  to  the  parties 
indicted,  that  their  attendance  for  the  present  was  no  longer 
required. 

Stone,  "Wait,  and  Cm'tis,  then  moved  the  court  that  John 
Grout  should  be  forbidden  to  practise  as  an  attorney,  on  the 
ground  that  he  was  "  a  bad  man."  They  were  told,  in  answer, 
that  the  court  entertained  a  contrary  opinion  of  Grout's  charac- 
ter ;  that  if  they  had  anything  to  accuse  him  of,  they  might 
apply  to  the  grand  jury,  and,  in  such  case,  the  clerk  of  the 
court  would  assist  in  drawing  any  necessary  bill  or  paper  ;  or 
they  might,  if  they  chose,  apply  to  a  higher  court ;  that  Grout, 
if  accused,  had  a  right  to  be  tried,  but  that  the  court  had  no 
lawful  authority  to  comply  with  their  request  and  prejudge 
him,  on  the  suggestion  that  he  was  a  bad  man,  unsupported  by 
evidence,  not  even  if  the  suggestion  was  sustained  by  a  state- 
ment of  the  particulars  of  his  bad  conduct.  Stone  and  Wait 
then  said,  that  they  did  not  accuse  Grout  in  view  of  a  trial, 
neither  were  they  obliged  to  do  so,  but  that  the  court  might  be 
certain  that  nothing  would  satisfy  them  and  the  people  but  the 
immediate  expulsion  of  Grout,  in  such  a  manner  that  he  would 
never  again  have  the  privilege  of  practising  as  an  attorney  in 
that  county.  Directing  his  attention  more  particularly  to 
Judge  Chandler,  Stone  added,  "  if  it  is  not  done,  we  shall  do 
something  which  I  shall  be  sorry  to  be  obliged  to  do,  w^iich 
will  make  your  Honour  repent  not  complying  w^ith  our  request." 
The  court  having  signified  its  determination  to  abide  by  the 
opinion  previously  expressed,  the  rioters  began  to  close  around 
the  judges'  bench,  showing  signs  of  a  determination  to  carry 
their  point  by  force.  The  court  finding  it  impossible  to  pro- 
ceed with  business   amid  the  tumult  which  was  gradually 


166  HI8T0KY   OF   EASTERN   VERMONT.  [1770. 

becoming  more  fearful,  and  unwilling  that  any  act  of  violence 
should  be  perpetrated  while  it  was  sitting  as  a  commissioned 
judicatory,  adjourned  to  the  next  day. 

On  the  day  of,  and  soon  after  adjom*nment,  Benjamin  Tliurs- 
ton  and  David  Getchel  proceeded  to  the  house  of  John  Chan- 
deler,  the  clerk  of  the  court,  who  dwelt  in  Chester,  and  in  the 
presence  of  some  of  the  judges,  made  prisoner  of  John  Grout, 
who  had  fled  there  for  safety.  On  the  ap]3earance  of  the  rest 
of  the  rioters,  the  whole  party,  under  the  command  of*  Joseph 
"Wait,  moved  oif  with  their  j^risoner  towards  Charlestown,  New 
Hampshire,  which  was  twelve  miles  distant.  The  journey  was 
performed  on  foot,  and  was  an  easy  task  to  the  hardy  back- 
w^oodsmen  of  Windsor  and  the  adjacent  towns,  but,  to  the  phy- 
sical capacities  of  Grout,  the  quick  pace  at  which  his  captors 
advanced  was  in  no  respect  suited.  To  this  discomfort  was 
added  the  indignity  which  he  was  compelled  to  bear,  of  being 
pulled  or  shaken  at  each  one's  pleasure.  At  the  end  of  the 
first  two  miles,  meeting  with  Capt.  Utley,  a  resident  of  a  neigh- 
boring town.  Grout  stepped  aside  to  speak  with  him,  but  was 
immediately  forced  back  by  the  rioters,  who  informed  him  he 
could  speak  to  no  man  in  private.  On  reaching  Sartwell's 
tavern  in  Charlestown,  where  the  party  remained  that  night, 
Grout  was  treated  with  much  attention  by  the  innholder,  and 
by  the  rioters  "  with  as  much  humilit}^  and  civility,"  to  use  his 
own  expressions,  "  as  could  be  expected  under  such  extraordi- 
nary circumstances."  Conversation  chancing  to  turn  on  the 
events  of  the  day,  "  we  have  now  broken  up  the  court," 
remarked  the  rioters,  "  if  we  thought  we  had  not  efiected  it, 
we  would  go  back  and  bring  away  one  of  the  judges."  They 
then  asked  Grout  whether  he  thought  the  court  would  continue 
its  session  in  spite  of  the  opposition  which  had  been  made ;  to 
which  question  he  replied,  in  order  to  prevent  fui'ther  violence, 
that  he  "  was  sure"  it  would  not. 

On  the  6th,  the  party  under  the  command  of  Col.  Stone, 
proceeded  to  Windsor,  making  most  of  the  journey  by  water. 
Before  leaving  Charlestown,  Grout  was  assured  "  that  he  should 
sufi'er  no  bodily  hurt,"  nor  "  be  in  the  least  insulted,"  but,  on 
the  contrary,  should  be  treated  with  respect.  "  We  don't  mean 
to  injure  or  hurt  you,"  said  Stone ;  "  you  must  go  to  Windsor 
and  be  imprisoned  at  my  house,  and  there  you  shall  experience 
the  kindness  and  generosity  of  our  people."  The  prisoner 
replied,  by  expressing  a  hope  that  his  physical  weakness  might 


1T70.]  MALTREATMENT  OF  GROUT.  167 

excite  compassion.  Arriving  at  Windsor,  Grout  was  first  taken 
to  the  house  of  Joseph  Wait.  Here  he  was  privately  addressed 
by  Steel  Smith,  one  of  the  rioters,  who  informed  him  he  should 
have  his  liberty  immediately,  provided  he  would  assent  to  the 
proposals  which  should  be  made  him.  "  You  must  send  for 
your  family,"  said  Smith  ;  "  you  shall  have  a  farm  given  you 
here,  a  genteel  house  built,  and  other  presents."  As  he  was 
proceeding  in  this  strain,  Grout  reminded  him  of  his  illness, 
and  begged  him  to  reserve  his  remarks  for  another  occasion. 
David  Getchel,  another  of  the  rioters,  commenced  a  similar 
conversation,  but  was  j^ersuaded  to  desist.  As  it  was  growing 
late,  the  rioters  informed  Grout,  that  he  might  retire  if  he  was 
so  minded.  Having  availed  himself  of  this  permission,  Grout 
departed  in  the  company  of  Stone,  amid  the  good  wishes  and 
"  low  bowing  compliments"  of  his  captors. 

Having  gained  the  road.  Stone  endeavored,  after  the  manner 
of  Smith  and  Getchel,  to  point  out  to  Grout  the  course  which 
he  should  pursue.  Grout  again  endeavored  to  change  the  sub- 
ject, but  this  time  without  success.  Continuing  his  remarks, 
Stone  informed  his  prisoner  that  it  would  be  for  his  highest 
advantage  to  listen  to  his  words ;  that  the  peoj)le  of  "Windsor 
would  assemble  on  the  morrow,  and  would  then  expect  to  hear 
some  definite  information  as  to  his.  Grout's,  future  movements. 
"  You  must,"  said  he,  "  agree  not  to  practise  the  law  in  this 
county.  We  mean  that  your  agreeing  to  this  shall  be  no  dis- 
advantage to  you.  We  will  make  good  all  your  damages,  if 
you  will  come  and  live  in  this  town,  and  become  one  of  us. 
You  will  be  treated  with  the  greatest  respect,  and  shall  have  a 
genteel  settlement."  Grout  was  at  the  same  time  assured  that 
no  one  objected  to  his  practising  his  profession  in  New  Hamp- 
shire. Stone  having  finished  his  observations.  Grout  declared 
himself  too  weak  to  reply  that  evening. 

On  the  morning  of  the  7th,  Stone  renewed  the  conversation, 
and  acquainted  Grout  that  he  must  meet  the  citizens  of  Wind- 
sor within  a  few  hours,  and  inform  them  as  to  the  course  he 
should  pursue  in  view  of  the  ofiers  which  had  been  made  him. 
"  Violence  has  taken  me  out  of  my  business,"  answered  Grout. 
"  My  wife  is  of  a  slender  constitution.  Less  trouble  than  this  I 
have  heretofore  thought  would  have  been  too  hard  for  her.  The 
circumstances  of  my  transportation  will  make  her  think  I  am 
murdered.  My  anxiety  on  her  account,  and  for  my  family, 
deprives  me  of  the  power  of  speaking,  and  almost  of  thinking. 


168  HISTORY   OF   EASTERN    VERMONT.  [1770. 

Whj  am  I  asked,  'What  will  you  agree  to  V  or  told  I  am  '  free 
to  act  my  sentiments.'  I  am  in  your  power,  and  you  mean  to 
impose  terms,  and  mean  that  I  shall  agree  to  them,  whether 
willing  or  not.  Under  my  present  circumstances,  I  can  agree 
to  nothing.  "Willingly  I  take  my  liberty,  if  it  he  offered  me.  I 
will  say  nothing  to  your  people.  Call  them  only  to  ask  them 
wdiat  terms  they  have  to  impose,  and  what  punishment  they 
Avill  inflict  on  me,  if  I  disobey  them,  my  masters." 

Such  was  Grout's  reply  to  the  inquiries  of  the  people  of 
Windsor.  By  reason  of  this  answer,  he  was  still  retained  in 
custody,  not  being  permitted  to  write  to  his  wife  or  any  of  his 
friends  until  the  letter  had  been  first  ap2:)roved  of  by  his  keepers. 
Tlie  severest  threats  were  uttered  against  him,  should  he  attempt 
to  escaj)e,  and  he  was  assured  that,  in  case  he  should  succeed, 
he  would  be  retaken  if  he  were  "  anywhere  between  heaven 
and  hell."  At  the  same  time  all  his  wants  were  attended  to 
with  the  utmost  care,  and  the  respect  which  was  shown  him,  so 
long  as  he  remained  passive,  apj^eared  to  him  more  like  the 
result  of  flattery  than  of  true  regard.  In  spite  of  the  precau- 
tions and  menaces  of  the  rioters,  Grout  efi'ected  his  escape  on 
Sunday,  June  10th,  having  been  for  six  days  a  prisoner.  On 
the  9th  of  August  following,  he  petitioned  the  Hon.  Daniel 
Horsmanden,  Chief  Justice  of  the  Province  of  'New  York,  to 
take  measures  to  punish  those  who  had  acted  as  leaders  in  the 
outrages  committed  upon  him.  Process  was  accordingly  issued 
against  David  Stone,  Samuel  Stone,  Elisha  Hawley,  Enoch 
Judd,  Ebenezer  Curtis,  John  Benjamin,  Andrew  Norton,  Elna- 
tlian  Strong,  Joseph  Tliompson,  David  Getchel,  and  Steel  Smith, 
in  two  suits  at  law,  Grout  having  been  on  two  different  occa- 
sions subjected  to  the  riotous  treatment  of  these  men,  and 
damages  were  laid  at  £200  in  each  action.* 

These  causes  do  not  appear  to  have  advanced  beyond  the  ori- 
ginal process,  and  it  is  more  than  probable  that  Grout  was 
unwilling  to  continue  them,  when  he  had  ascertained  that  it 
was  almost  impossible  to  secure  the  execution  of  a  punishment 
or  the  levying  of  a  flne  in  any  of  the  north-eastern  counties  of 
the  province  when  the  conduct  which  had  rendered  such  satis- 
faction necessary  in  the  eye  of  the  law,  was  sustained  and  com- 
mended by  persons  of  weight  and  influence. 

*  MS.  deposition  of  John  Grout,  dated  June,  1770.  Doc.  Hist  N.  Y.,  iv. 
636-645. 


1770.]  PROTEST   AGAINST   DISOKDEE.  169 

Tliese  proceedings  did  not,  however,  command  tlie  approba- 
tion of  the  people.  On  the  1st  of  November  following,  a  petition 
signed  by  about  four  hundred  and  forty  of  the  inhabitants  of  ^ 
Cumberland  and  Gloucester  counties  was  presented  to  the  King. 
Having  in  the  preamble  alluded  to  the  right  by  which  the  terri- 
tory west  of  Connecticut  river  was  a  part  of  the  province  of 
IS^ew  York,  recited  the  order  in  Council  of  July  20th,  1764, 
and  referred  to  the  ordinances  by  which  the  counties  had  been 
established,  the  petitioners  reprobated  the  events  which  had 
recently  occurred,  and  the  feelings  to  which  they  had  given  birth. 
"  In  the  month  of  June  last,"  thus  ran  the  statement,  "  a  num- 
ber of  disorderly  persons  seated  in  the  township  of  Windsor,  in 
tlie  covmty  of  Cumberland,  assembled  in  a  riotous  manner,  and 
by  threats  obstructed  the  proceedings  of  the  com-t  of  Common 
Pleas,  pretending  that  the  magistrates  and  civil  officers  were 
unauthorized ;  that  no  obedience  was  due  to  them ;  that  the 
jurisdiction  belonged  to  the  government  of  I^ew  Hampshire ; 
that  your  Majesty's  royal  order,  aforesaid,  would  soon  be  re- 
scinded, and  the  lands  thereby  declared  as  part  of  your  Majesty's 
colony  of  ^N^ew  York  be  decreed  to  appertain  for  the  future  to 
the  province  of  Kew  Hampshire."  They  further  stated,  that 
the  rioters  had  eluded  justice  "  by  flight  into  ISTew  Hampshire," 
where  they  had  united  w^ith  some  of  the  inhabitants  of  that  pro- 
vince, and  had  already  promoted  "  a  spirit  of  disorder  and  disobe- 
dience" towards  the  jurisdiction  of  New  York  over  the  "  Grants," 
by  "  23rocuring  the  subscriptions  of  many  persons  in  both  pro- 
vinces to  a  petition,"  the  avowed  purpose  of  which  was  to  place 
the  "  Grants"  within  the  limits  of  New  Hampshire.  This  latter 
measure,  they  announced,  was  designed  to  free  the  "lawless 
ti'ansgressors"  who  had  proposed  it,  from  merited  punishment ;  to 
promote  the  interests  of  those  who  had  trafficked  in  New  Hamp- 
shire titles,  and  to  aggrandize  the  family  of  the  late  Governor, 
Bemiing  Wentworth,  "for  whose  benefit,  reservations  of  land  had 
been  made  in  all  the  grants  which  he  had  seen  fit  to  pass.  In 
view  of  these  considerations,  the  petitioners  j)rayed  his  Majesty 
to  resist  any  attempt  which  might  be  made  to  change  the  j  m*is- 
diction,  and  to  grant  them  such  rehef  as  in  his  "  great  wisdom" 
should  seem  meet.* 

In  opposition  to  these  sentiments,  another  petition,  probably 
that  referred  to  in  the  document  above  noticed,  was  circu- 

*  Doc.  Hist  N.  Y.,  iv.  663-665. 


170  HISTOKY    OF   EASTERN    VERMONT.  [1770. 

lated  on  the  "  Grants  "  and  in  New  Hampshire,  and  was  largely 
signed.  Its  subscribers,  with  their  "helpless  wives  and  chil- 
dren," dependent  upon  his  Majesty's  "  lenient  and  paternal 
interposition,"  for  relief  "  from  immediate  poverty,  distress,  and 
ruin,"  prayed  for  succor  and  protection.  The  account  which 
they  gave  of  their  condition  was  indeed  lamentable,  but  was 
scarcely  reliable.  They  stated  that  their  situation  as  subjects 
of  New  York  had  been,  was,  and  ever  must  be,  "  highly  detri- 
mental and  disagreeable  to  them  both  in  their  property  and 
good  government ;"  that  since  the  order  of  July  20th,  1764, 
their  possessions  had  been  "  unexceptionably  granted  to  other 
people  under  the  gi'eat  seal  of  New  York ;"  that  writs  of  eject- 
ment had  been  brought  against  them,  "  their  property  wrested 
from  them,  their  persons  imprisoned,  and  their  whole  substance 
wasted  in  fruitless  lawsuits,  merely  to  the  enrichment  of  a  few 
men  "  in  the  province  of  New  York,  who  were  assiduous  in 
using  their  "  great  influence  "  to  rob  them  of  their  "  hard, 
honestly  earned  "  acquisitions.  Such  were  the  terms  in  which 
the  adherents  of  the  jurisdiction  of  New  Hampshire  sought 
rehef  from  the  King,* 

The  petition  signed  by  the  citizens  of  Cumberland  and  Glou- 
cester counties,  was  followed,  on  the  3d  of  December,  by 
another,  from  the  "  inhabitants  of  certain  lands  on  the  west  side 
of  Coimecticut  river,  in  the  province  of  New  York,"  praying 
for  the  confirmation  by  New  York  of  certain  New  Hampshire 
grants.  Tlie  Council  of  New  York  were  not  indifferent  to  the 
measure  proposed  in  this  last  document,  and  means  were  readily 
taken  to  ensure  a  compliance  with  the  requests  which  it  con- 
tained. At  the  expiration  of  a  little  more  than  a  year  and  a 
half,  from  the  time  when  this  petition  was  presented,  confirma- 
tion patents  for  fifteen  towns,  situated  west  of  the  Connecticut 
and  east  of  the  Green  Mountains,  had  been  granted  by  New 
York,  and  instructions  advising  the  confirmation  of  the  charters 
of  thirty-three  other  towns  had  been  presented  to  his  Majesty 
for  approval.  In  almost  every  instance  in  which  confirmation 
charters  were  issued,  special  favor  was  shown  to  those  who  had 
been  occupants  under  New  Hampshire  titles. 

To  this  general  rule  the  proceedings  which  were  had  in  the 
case  of  Hinsdale  and  Guilford  formed  an  exception.  As  has 
been  before  stated,  the  township  of  Hinsdale  was  at  a  very  early 

*  Doc.  Hist.  N,  Y.,  iv.  672-675. 


1770.]  HINSDALE   AND    GUH^FOKD.  171 

period  granted  hj  charter  from  Massachusetts.  The  tradition 
is,  that  the  first  white  proprietors  purchased  the  Indian  right, 
thus  rendering  their  title  doubly  strong.  Wlien,  in  the  year 
1739,  the  township  was  adjudged  to  be  within  the  limits  of 
New  Hampshire,  the  old  proprietors  obtained  from  that  province 
a  ratification  of  their  chartered  rights.  By  the  order  in  Council 
of  July  20tli,  1764,  Hinsdale,  with  all  the  other  townships  west 
of  the  Connecticut,  fell  within  the  jm-isdiction  of  J^ew  York. 
Owing  either  to  "  an  unwillingness  to  pay  the  quit  rent,"  or  to 
a  neglect  of  their  own  interests  in  some  other  particular,  the 
proprietors  of  Hinsdale  failed  to  apply  for  a  confirmation  char- 
ter. Meantime  a  certain  Col.  Howard,  having  asked  for  a  grant 
of  land,  obtained  a  royal  order  for  ten  thousand  acres,  Avith  per- 
mission to  locate  the  tract  in  certain  situations.  Agreeable  to 
the  privilege  given  him  in  the  mandamus,  he  made  choice  of 
about  one  hall'  of  the  township  of  Hinsdale,  and  being  an  inti- 
mate friend  of  Governor  Try  on,  his  selection  was  approved  of 
and  confirmed.  As  soon  as  this  act  became  known,  "  it  was 
reprobated  by  the  whole  country."  So  great  was  the  clamor 
which  ensued,  that,  in  order  to  restore  the  township  to  its 
former  proprietors.  Governor  Tryon  ofi'ered  Howard  £600  "  out 
of  his  own  pocket,"  for  a  release  of  his  claim.  "With  this  pro- 
jDOsal,  Howard  "  ungenerously  refused  "  to  comply.  ]^otwith- 
standiug  the  injustice  with  which  they  had  been  treated,  the 
people  of  Hinsdale,  instead  of  blaming  the  inhabitants  of  Xew 
York,  regarded  them  as  friends,  and  still  remained  firmly 
attached  to  that  province.* 

JS^ot  unlike  this  was  the  case  of  Guilford.  The  first  proprie- 
tors had,  on  the  2d  of  April,  1754,  obtained  a  grant  of  that 
township  from  the  government  of  New  Hampshire.  In  the 
year  1765,  soon  after  the  settlement  of  the  boundary  line 
between  New  Hampshire  and  New  York,  application  was 
made  to  Lieut.-Governor  Colden  for  a  regrant  of  the  township. 
This  he  promised  to  give  as  soon  as  the  petitions  for  lands  in 
the  new  territory  should  come  under  consideration.  Another 
petition  on  the  same  topic  was  presented  to  Governor  Moore, 
in  the  year  1766,  but,  like  the  former,  was  "  either  neglected 
or  mislaid."  A  tliird  representation  made  in  the  year  1767, 
experienced  a  similar  fate.  The  subject  was  now  allowed  to 
rest,  the  proprietors  hoping  that  they  should,  in  the  end,  receive 

*  Doc.  Hist.  N.  Y.,  iv.  668-671,  785,  786,  812,  832,  839,  Allen's  Narrative  of 
the  Controversy,  1774.    SIS.  Duane's  Plea,  in  Lib.  N.  Y.  Hist.  Soc. 


172  mSTOEY   OF   EASTERN   YEKMONT.  [ITYl,  1772. 

what  was  due  tliem.  Meantime  a  patent  compreliending  twelve 
thousand  acres  of  the  township,  was  issued  to  Coh  Howard. 
Bj  this  grant  a  number  of  the  inhabitants  were  deprived  of  all 
their  property.  Eedress  was  now  earnestly  sought  in  a  memo- 
rial to  the  Governor  of  New  York,  dated  May  11th,  1772.  A 
charter  for  the  land  in  Guilford  without  the  bounds  of  Howard's 
tract,  and  a  grant  in  some  other  locality  as  a  compensation  for 
the  loss  occasioned  by  the  mal-appropriation  of  that  tract,  were 
the  means  which  were  proposed  to  restore  coniidence  and 
create  satisfaction.  As  it  was  with  Hinsdale,  so  was  it  with 
Guilford.  The  inhabitants  of  both  towns  were  unable  to  obtain 
reparation  for  their  losses,  until  by  the  war  of  the  revolution 
the  possessions  of  royalists  became  the  property  of  rebels.* 

Owing  to  the  enmity  which  separated  the  supporters  of 
the  jurisdiction  of  l^ew  York  from  the  favorers  of  the  juris- 
diction of  [New  Hampshire,  events  often  occurred  which  not 
only  served  to  show  the  extent  to  which  this  feeling  was  car- 
ried, but  actually  endangered  the  existence  of  society.  Espe- 
cially in  the  execution  of  law  did  New  York  magistrates  meet 
with  a  firm  opposition  from  New  Hampshire  adherents,  and 
not  unfrequently  from  the  inhabitants  of  the  latter  province. 
At  the  June  term  of  the  Inferior  court  of  Common  Pleas,  in  the 
year  1771,  one  Jonas  Moore  of  Putney,  recovered  judgment 
against  Leonard  Spaulding  of  the  same  place,  to  the  amount  of 
forty  pounds,  including  costs.  A  fieri  facias  having  issued  to 
satisfy  the  judgment,  the  sherifi"  by  his  deputy  seized  some  of 
Spaulding's  efi'ects,  and  placed  them  in  the  charge  of  Moore, 
who  was  instructed  to  keep  them  at  his  house  until  the  day 
appointed  by  the  sherifi"  for  their  sale.  Meantime,  on  tlie  27th 
of  January,  1772,  a  party  of  persons,  numbering  seventy  or 
eighty,  crossed  over  the  Connecticut  from  New  Hampshire, 
and  going  in  the  evening  to  the  house  where  the  goods  were 
deposited,  broke  open  the  door,  seized  upon  and  carried  them 
away,  and  at  the  same  time  insulted  Moore's  family  "  in  various 
ways."  They  also  threatened  to  go  to  Chester,  pull  down  the 
jail,  and  deHver  some  of  the  prisoners  there  confined.  On 
reflection,  however,  they  concluded  to  defer  the  execution  of 
these  lawless  designs.  Efibrts  were  immediately  made  by  the 
officers  of  the  com*t  in  Cumberland  county,  to  find  out  the 
ringleaders  in  this  disturbance.     On  account  of  the  state  of 

*  Doc.  Hist.  K  Y.,  iv.  782-785. 


1772.]  DISTURBANCE   AT   PUTNEY.  173 

public  feeling,  Judge  Lord  did  not  deem  it  practicable  to  carry 
on  his  inquiries  before  a  jury,  and  consequently  endeavored 
to  obtain  information  by  means  of  depositions.  Ere  the  examin- 
ation had  closed,  and  before  warrants  had  been  issued,  five  of  the 
principal  rioters  confessed  their  guilt,  and  delivered  themselves 
up  as  prisoners  to  tlie  sheriff.  With  the  assistance  of  Tliomas 
Chandler  Jr.,  and  "William  Willard,  two  of  his  Majesty's  justices 
of  the  peace,  Judge  Lord  now  began  a  jury  inquiry.  On  the 
part  of  the  rioters,  the  signs  of  repentance  became  more  evident 
as  the  examination  proceeded,  and,  before  it  was  concluded, 
they  had  satisfied  the  judgment  on  which  the  fieri  facias  issued, 
and  had  made  ample  satisfaction  to  all  persons  who  had  been 
injured  by  them.  Under  these  circumstances,  further  enforce- 
ment of  the  law  was  judged  unnecessary.  Although  the  per- 
sons engaged  in  this  riot  were  mainly  from  New  Hampshire, 
yet  no  "gentlemen,  magistrates,  or  oflicers  were  encouragers, 
abettors,  or  assistants,"  in  carrying  out  its  illegal  proceedings. 
As  an  evidence  of  their  good  will,  Messrs.  Bellows  and  Olcott, 
two  of  his  Majesty's  justices  in  the  county  of  Cheshire,  in  I^ew 
Hampshire,  assisted  Judge  Lord  in  enforcing  the  laws,  and 
having  issued  their  warrants,  apprehended  about  thirty  of  the 
rioters  who  resided  within  their  jurisdiction,  and  bound  them 
over  to  appear  at  the  next  session  of  the  court,  "  to  answer  for 
their  unlawful  assembling  and  other  misdemeanors."* 

Acts  like  this,  showed  the  necessity  of  enforcing  as  well  as 
enacting  laws.  But,  in  order  to  enforce  laws,  it  was  all  import- 
ant that  proper  means  of  punishment  should  be  provided.  As 
a  "terror  to  evil  doers,"  a  strong  and  commodious  jail  was 
indispensable.  Of  such  an  edifice  the  county  could  not,  as  yet, 
boast.  When  in  1768,  a  new  ciiarter  was  granted  to  Cumber- 
land county,  permission  had  been  given  to  the  inhabitants  to 
erect  at  their  own  charge  a  court-house  and  jail.  Chester  was 
named  as  the  location  for  these  buildings,  and  being  nearest  to 
the  centre  of  the  county,  was  also  declared  to  be  "  most  con- 
venient for  that  purpose."  Although  there  were  objections  to 
this  place  as  tlie  county  town,  both  on  account  of  its  distance 
from  Connecticut  river,  and  its  backwardness  as  compared  with 
other  settlements,  yet  these  objections  were  for  the  time  eflec- 
tually  silenced  by  the  assurances  of  Thomas  Chandler,  the  first 
judge,  that  he  woidd  "  at  his  own  expense  build  a  good  and 

*  Doc.  Hist  K.  Y.,  iv.  151-1&1,  765,  766,  110,  111. 


174  mSTOEY   OF   EASTERN   YEEMONT.  [1770. 

sufficient  conrt-liouse  or  jail,"  at  Chester.  How  well  these 
promises  were  observed,  will  appear  by  the  annexed  extract 
from  an  old  chancery  document,  Tlie  time  to  which  the  de- 
scription applies,  is  the  latter  part  of  the  year  1770.  That 
which  "  then  was  called  a  j  ail,"  so  runs  the  musty  law  paper, 
"  was  a  place  made  in  the  corner  of  a  dwelling-house  or  hut, 
the  walls  of  which  house  were  made  of  small  hackmatack  poles, 
locked  together  at  the  corners  by  cutting  notches  into  the  poles, 
and  laying  them  notch  into  notch,  so  as  to  bring  the  poles  as 
near  together  as  conveniently  might  be.  The  cracks  or  vacan- 
cies between  pole  and  pole  were  filled  with  tow,  moss,  or  clay. 
Tlie  chamber  floor  [was]  laid  with  single  boards,  [which  were] 
not  nailed,  but  lay  loose.  Such  was  the  house,  a  corner  of 
which  then  had  the  name  of  a  jail,  which  jail  corner  may  be 
justly  described  as  followeth,  viz.,  small  palisades  or  poles  of 
the  diameter  of  about  six  inches  each,  [were]  set  up,  one  end 
of  them  on  the  lower  floor,  and  the  other  end  reaching  one  of 
the  joists  on  which  rested  the  upper  floor.  These  poles  resting 
against  the  joist,  hindered  them  from  falling  inwards  to  the  jail 
part,  and  another  pole  at  some  inches  distant,  [was]  pegged  up 
with  wood  pegs,  which  pole  was  fixed  about  parallel  with  the 
joist,  and  prevented  the  palisades  from  falling  outward  from 
the  jail  apartment;  and,  as  many  of  the  palisades  were  not 
fastened  at  the  top  or  bottom,  nor  the  chamber  floor  nailed,  it 
was  always  in  the  power  of  any  man  who  might  be  put  into 
the  jail  apartment  to  push  away  the  loose  upper  floor  boards, 
and  move  away  the  palisades,  and  be  at  liberty. 

"  Such  was  what  was  then  called  a  jail,  in  which  no  man  had 
ever  been  attempted  to  be  confined." 

In  the  summer  of  the  same  year,  the  inhabitants  of  Chester 
commenced  the  erection  of  another  jail.  The  lower  and  cham- 
ber floors,  also  the  sides  and  ends,  were  built  with  hemlock 
logs,  twenty  inches  in  diameter,  and  at  the  corners  the  timbers 
were  locked  together  in  the  manner  of  log  houses.  In  order  to 
complete  the  roof,  a  supply  of  nails  was  necessary.  As  these 
were  not  to  be  obtained,  on  account  of  the  enforcement  of  the 
non-importation  agreement,  the  new  jail  was  left  in  an 
unfinished  state.  It  was,  however,  the  intention  of  Judge  Chan- 
dler to  render  it  as  strong  "  as  any  jail  in  any  county  in  the  pro- 
vince." Meantime  the  old  jail,  which  had  been  built  by 
Chandler,  and  which,  according  to  his  account,  had  been 
accepted  by  the  court  and  the  sheriff  as  a  "  sufiicient "  building, 


1770.]  A  "sufficient"  jail.  175 

and  liad  "  held  prisoners  for  more  than  four  mouths  at  a  time, 
who  never  left  jail,  till  delivered  by  due  course  of  law,"  was 
refitted.*  On  the  sides,  "  where  it  was  most  slender,"  it  was 
strengthened,  and  at  right  angles  with  the  logs  which  formed 
the  main  body  of  the  house,  other  logs  were  placed  and  pinned, 
thus  rendering  the  building  doubly  secure.  These  extra  repak-s 
being  completed,  escape  from  this  toll-booth  was  deemed  by 
Chandler  scarcely  possible. 

In  addition  to  the  jail.  Chandler,  at  his  own  expense,  built  a 
court-house  in  Chester,  during  the  year  1771.     According  to 

*  In  a  petition  presented  to  Governor  Tryon  by  a  number  of  the  inhabitants 
of  Cumberland  county,  dated  February  15th,  17*72,  it  is  stated  that  "  sundry  con- 
siderable sums  "  had  already  been  subscribed  "  towards  building  a  Court  House 
and  Jail  "  in  Chester.  The  nature  of  the  aid  proffered  may  be  deduced  from  a 
perusal  of  the  annexed  obligation,  which  is  a  copy  from  the  original  MS. 

"  June  16th,  17*70. 

"  To  Encourage  the  Finishing  the  Goal  now  began  in  Chester,  we  the  subscribers 
will  pay  to  such  person  or  persons,  as  Thomas  Chandler,  Thos.  Chandler  Jr., 
Esqrs.,  and  Mr.  John  Grout  shall  Employ  to  Labour  or  Provide  Materials;  the 
sums  against  our  Names  written.     Witness  our  hands. 

Joseph  Woods,  one  bushel  of  Corn. 
Willard  Dean  Two  bushels  of 
Wheat  Delivered  at  Rockingham 
at  the  last  Day  of  August." 

In  a  letter  to  Governor  Dunmore,  under  date  of  April  10th,  1771,  Judge  Chan- 
dler was  at  special  pains  to  refute  several  calumnious  stories  which  had  been  told 
concerning  him  in  a  petition  lately  circulated.  The  account  of  the  assistance  he 
had  received  in  building  the  jail,  received  its  share  of  denial.  "  As  to  the  Sub- 
scrijition  mentioned  in  the  Petition,"  said  he,  "  I  can  say  there  has  not  been  more 
than  Twenty  pounds  subscribed  by  any  of  the  Petitioners,  be  they  who  they  will, 
if  half  so  much,  and  not  one  of  them  has  paid  so  much  as  one  farthing." 

The  declaration  in  the  text,  that  the  jail  "  had  been  accepted  by  the  court  and 
the  sheriff,"  was  averred  in  the  letters  of  Judge  Chandler,  but  was  contradicted 
in  the  petition  of  February  15th,  1772,  before  referred  to.  Among  the  signers  of 
this  petition  appeared  the  name  of  Samuel  Wells,  who  on  the  bench  was  associated 
with  Chandler.  Speaking  of  the  court-house  and  jail,  the  petitioners  said,  no  build- 
ings "  have  been  erected  which  deserve  that  name,  or  which  are  any  way  sufficient 
for  holding  the  Courts,  or  for  the  reception  or  safe  Custody  of  Prisoners,  for  which 
reasons  the  magistrates  are  not  in  a  capacity  of  maintaining  peace  and  good  Order." 

The  strength  of  this  noted  little  jail  probably  depended  more  upon  the  will 
of  its  occupants  than  the  excellence  of  its  construction.  When  Daniel  Whipple 
was  sheriff,  in  the  year  1770,  an  order  was  issued  for  the  imprisonment  of  one 
Atherton  Chaffee.  Being  in  conversation  with  John  Grout,  Chaffee  told  him 
"  that  he  knew  it  was  out  of  WhijDple's  power  to  confine  him  against  his  will,  but 
that  Whipple  had  always  used  him  with  great  tenderness,  and  that  he  should  not 
be  hurt ;  for,  says  Chaffee,  I  will  tarry  in  the  jail  be  it  never  so  slender — rather 
than  Whipple  should  be  hurt."  It  was  probably  of  men  like  Chaffee  that  Chan- 
dler spoke,  when  he  said  that  the  jail  had  "  held  Prisoners  for  more  than  four 
months  at  a  time." 


176  HISTORY   OF   EASTEKX   VERMONT.  [1771. 

his  own  description,  this  structure  was  "  thirty  feet  long,  sixteen 
feet  wide,  and  eleven  feet  post,"  and  was  so  planned  as  to  be 
"  convenient "  when  finished.  It  was  provided  with  a  "  suffi- 
cient lobby  or  room  fit  for  a  jury,  with  a  fire  place  in  it,"  and 
was  covered  with  some  kind  of  roofing.  This  building  he  leased 
to  the  county  for  the  term  of  ten  years,  and  as  much  longer  as 
they  might  choose  to  use  it.  In  it  were  to  be  held  the  terms  of 
the  Inferior  court  of  Common  Pleas,  and  of  the  court  of 
General  Sessions.  There  also  was  to  be  transacted  all  such 
other  business  as  related  to  the  general  welfare  of  the  county. 
But  if  the  people  had  been  displeased  with  Chandler's  efforts  at 
jail  building,  they  were  incensed  at  his  failure  in  court-house 
construction.  Before  the  commencement  of  this  last  failure 
they  had  endeavored  to  eff'ect  the  removal  of  the  shire  town  from 
Chester,  and  had  even  then  brought  the  subject  to  the  attention 
of  the  highest  authority  in  the  province.  In  their  petition,  pre- 
sented to  Governor  Dunmore  on  the  11th  of  March,  1771,  they 
commenced  by  setting  forth  the  "  peculiar  grievance  "  under 
which  they  labored  in  being  unrepresented  in  the  General 
Assembly  of  the  province.  Turning  then  to  the  subject  which 
at  that  time  more  particularly  engaged  their  notice,  they 
declared  that  previous  to  the  establishment  of  the  shire  town  of 
the  county  at  Chester,  Thomas  Chandler  had  promised  to  erect 
a  court-house  and  j  ail  in  that  town  at  his  own  expense  ;  that, 
on  account  of  this  promise,  some  had  been  induced  "  to  give  no 
opposition  "  to  the  selection  of  that  place  ;  that,  notwithstanding 
this  promise,  and  the  subscription  of  "  considerable  sums  of 
money  "  by  themselves  and  others,  to  defray  a  portion  of  the 
charge  of  erecting  the  county  buildings,  none  had  been  erected ; 
that  there  was  not  "  any  real  probability  that  any  would  be 
built ;"  that  it  was  "  extremely  inconvenient "  for  the  people  to 
be  obliged  to  attend  the  courts  at  Chester,  since  more  than  three 
fourths  of  them  resided  in  the  river  towns  ;  that  the  roads  lead- 
ing thither  were  bad,  the  inhabitants  of  the  town  few  in  number, 
and  the  accommodations  poor.  For  these  reasons  they  were  of 
opinion  that  it  would  be  more  advantageous  to  the  county,  if 
tlie  courts  were  removed  from  Chester  to  two  of  the  river  towns, 
"  at  least  for  a  dozen  or  fourteen  years,"  by  which  time  the  back 
towns  would  be  better  settled.  They  also  proposed  that  four 
sessions  of  the  courts  should  be  held  annually,  as  in  Albany 
county.  This  petition  having  been  read  before  the  Governor 
and  Council,  the  petitioners  were  ordered  to  serve  a  copy  of  it 


1771.]  chandler's  reply.  177 

on  Thomas  Chandler,  and  the  first  Tuesday  of  the  following  May 
was  fixed  upon  as  the  time  when  the  parties  on  both  sides 
would  be  heard.* 

In  compliance  with  this  order,  a  copy  of  the  petition  was 
left  with  Chandler  on  the  7th  of  April.  His  reply,  addressed  to 
Governor  Dunmore,  was  transmitted  to  New  York  on  the  10th. 
In  this  he  asserted  that  the  county  was  established  without  his 
"  knowledge  or  appHcation."  He  acknowledged,  however,  that 
when  he  heard  that  such  an  establishment  w^ould  probably  be 
made,  he,  in  company  with  his  son,  Thomas,  rode  to  New 
York,  but  he  stated  further  that,  on  his  anival  there,  he  found 
that  the  county  had  been  erected  and  the  civil  oflicers  appointed. 
During  his  visit  nothing  was  said  about  a  court-house  or  jail. 
To  the  declaration  that  no  county  buildings  had  been  erected, 
he  gave  a  flat  denial,  and  in  support  of  this  denial  gave  a 
partial  description  of  "  a  good  and  suflicient  jail"  which  he  had 
constructed  at  Chester,  and  of  another  which  had  been  com- 
menced by  the  inhabitants  of  the  town.f  Not  "  one  farthing," 
he  said,  had  ever  been  given  towards  defraying  these  or  kindred 
expenses  by  any  of  the  petitioners,  and  their  announcement 
relative  to  subscriptions  was,  he  stated,  "  so  notoriously  false," 
that  it  almost  made  him  blush  for  their  character.  To  the 
charges  relative  to  the  inconveniences  attending  the  situation, 
condition,  and  accommodations  of  Chester,  he  answered  that 
although  the  majority  of  the  inhabitants  of  the  county  were 
residents  in  the  river  towns,  yet  the  roads  leading  into  Chester 
from  Brattleborough  on  the  south,  and  from  Hertford  and 
"Windsor  on  the  north,  were  "  vastly  better"  than  those  which 
connected  Brattleborough  with  the  last  two  towns.  From  this 
he  argued,  that  in  a  general  view  it  was  easier  for  the  people  to 
go  to  Chester  than  to  Brattleborough  or  the  more  northern 
towns.  He  stated  further,  that  it  was  probable  that  the  inhabit- 
ants of  each  town  would  prefer  to  have  the  courts  held  in  the 
place  where  they  resided ;  that  as  for  his  part,  he  should  choose 
to  have  the  shire  town  located  near  the  centre  of  the  county, 
"  for  the  good  of  the  publick  ;"  that  there  was  but  little  choice 
between  Andover  and  Chester ;  that  the  selection  of  Andover 
would  "  promote  the  settlement  of  the  back  townships,  vastly 
more"  than  the  selection  of  one  of  the  river  towns ;   that  the 

*  Council  Minutes,  in  office  Sec.  State  N.  Y.,  1765-1783,  xxvi.  214,  215. 
f  See  ante,  pp.  174,  175. 

12 


ITS  HISTORY   OF   EASTERN   VERMONT.  [1771. 

removal  of  the  courts  from  the  more  inland  portions  of  the 
county  would,  in  fact,  break  up  the  back  settlements,  and  cause 
those  persons  who  were  now  intending  to  remove  to  Kent,  An- 
dover,  Bromley,  Cavendish,  and  Thomlinson,  to  settle  in  other 
places,  whereas,  to  continue  the  shire  town  at  Chester,  or  in  that 
vicinity,  would  in  a  year's  time  add  a  hundred  families  to  the 
population  of  the  adjoining  towns;  that  the  situation  of  the 
river  towns  was  a  sufficient  motive  to  lead  people  to  inhabit 
them,  while  the  principal  inducement  to  settle  in  the  interior 
towns  was  their  nearness  to  the  centre  of  the  county — the 
situation  selected  in  the  charter  for  the  location  of  the  shire 
town. 

Continuing  in  this  line  of  argument,  he  referred  to  the 
action  of  Governor  Moore  and  his  Council,  in  choosing  Chester 
as  the  county  town  because  of  its  central  position,  when  they 
well  knew  that  it  was  but  lately  settled,  and  that  some  of  the 
river  towns  had  been,  comparatively  speaking,  long  inhabited. 
He  mentioned  also  the  choice  by  the  same  dignitaries  of  Engs- 
land  as  the  shire  town  of  Gloucester  county,  when  the  place  did 
not  contain  a  single  family.  His  own  experience  as  an  early 
settler  was  the  next  point  touched  on.*  Turning  then  to  the 
charge  relative  to  the  accommodations  of  his  adopted  town,  he 
asserted  that  they  were  as  good  as  in  any  town  in  the  county  • 
that  the  same  was  true  of  the  provisions  there  furnished,  and  as 
to  bedding,  in  his  opinion  as  many  sj^are  beds  could  be  obtained 
there  as  at  any  other  place  in  the  shire.  He  explained  the  dis- 
daraging  accounts  which  had  been  given  of  household  arrange- 
ments at  Chester,  by  saying  that  most  of  those  who  had 
attended  court  there  had  never  seen  more  than  the  four  or  five 
families  located  near  the  county  buildings ;  that,  although  by 
travelling  a  mile  or  so  they  might  have  procured  lodgings,  they 
had  chosen,  being  used  to  camp  duty,  to  stay  where  they 
obtained  their  food,  and  had  preferred  the  ground  to  a  "  good 
bed."  In  closing,  he  stated  that  it  would,  no  doubt,  be  necessary 
sooner  or  later  for  the  judges  from  Albany  to  hold  a  court  of 
Oyer  and  Terminer  and  General  Jail  delivery  in  the  county ; 

*  "  WTien  I  first  moved  to  Chester,"  said  he,  "  I  was  the  first  man  with  a 
Family  that  had  in  this  part  of  the  Country  moved  out  from  the  River,  and  there 
was  no  Road  from  the  River  to  Chester  or  from  Chester  to  Albany.  Neither 
were  there  any  Inhabitants  for  Thirty  Miles  West  of  Said  River,  and  now  there 
are  Nine  Families  in  Rockingham  on  the  Road  to  Chester,  and  many  on  the 
Right  hand  and  Left ;  there  are  also  many  Inhabitants  on  the  Road  to  Albany." 


1771,1772.]  COUNTY    BUILDINGS.  179 

tliat  a  route  had  within  a  year  been  traced  between  Chester  and 
Albany,  which  had  been  much  travelled,  and  by  proper  care 
would  make  a  good  wagon  road ;  that  there  was  no  road  either 
north  or  south  of  it  leading  to  Chester  for  nearly  a  hundred 
miles,  with  the  exception  of  one,  which  was  partly  in  Massachu- 
setts, and  that  in  case  the  courts  were  removed  from  Chester, 
the  judges  would  be  first  obliged  to  come  to  that  town,  and 
then  set  out  for  the  shire  town  wherever  it  might  be.  Of  the 
road  over  "  Hoosuck  mountains,"  he  said,  "  it  is  difficult  and 
dangerous  both  for  man  and  horse.  A  corpulent  person  can 
but  scarcely  get  up  with  the  help  of  his  horse's  tail  to  draw 
him  up  by,  and  if  the  horse  should  miss  his  step,  as  horses  have 
often  done,  he  would  fall,  roll,  or  slip  many  rods  before  he 
would  recover."*  Such  were  the  arguments  advanced  in  the 
replication  of  Chandler.f 

Tlie  hearing,  which  was  to  have  been  held  in  May,  does  not 
appear  to  have  taken  place,  and,  for  several  months,  the  ques- 
tion as  to  the  future  location  of  the  courts,  remained  undecided. 
On  the  2d  of  December,  the  inhabitants  of  Rockingham,  in 
view  of  the  attempts  of  the  people  of  Westminster  and  other 
towns  to  obtain  a  removal  of  the  shire  town  to  the  southern 
part  of  the  county,  and  as  a  result  of  the  belief  that  the  selec- 
tion of  Rockingham  would  be  "  more  beneficial  and  less  de- 
trimental" than  any  other  which  could  be  made,  ofiered  to  pay 
£70  towards  the  erection  of  the  county  buildings,  provided  the 
shire  town  was  removed  to  that  place.  Similar  ofi'ers  were 
made  by  other  towns  on  similar  conditions.  On  the  15th  of 
January,  1772,  the  subject  was  brought  before  the  Legislature 
of  New  York.  After  some  time  spent  by  the  house  in  com- 
mittee of  the  whole,  the  speaker  resumed  the  chair,  and  Jolm 
Thomas  Jr.  of  Westchester  county  reported,  that  the  com- 
mittee were  of  opinion  that  several  bills  should  be  brought  in 
relative  to  Cumberland  county.  Among  those  which  he  j)ro- 
posed,  was  one  to  enable  the  freeholders  and  inhabitants  of  the 
county  "  to  erect  and  build  a  court-house  and  gaol,  and  to  elect 


*  "Thia  is  a  truth,"  added  the  letter  -writer,  "that  Samuel  Wells  Esq.,  will 
not  Deny."  Wells  was  on  the  bench  with  Chandler,  and  was  of  the  number  who 
favored  the  removal  of  the  shire  town  from  Chester.  In  the  remarks  about  "  a 
corpulent  person,"  reference  seems  to  have  been  had  to  Wells,  and  it  is  not 
improbable  that  he  had  been  the  subject  of  an  accident  similar  to  that  the  pro- 
bable results  of  which  are  given  in  the  text. 

f  N.  Y.  Colonial  MSS.,iu  office  Sec.  State,  Dunmore,  Tryon  :   1771,  xcvii. 


180  HISTORY    OF    EASTERN   VERMONT.  [1772. 

supervisors  and  other  county  officers."  His  report  having  been 
delivered  in  at  the  table,  was  again  read  and  agreed  to  by  the 
house.  On  the  same  day,  George  Clinton  and  Capt.  Seamaji 
were  ordered  to  prepare  a  bill  comporting  with  the  above  title. 
Agreeable  to  the  order,  a  bill  was  presented  on  the  16th,  and  was 
passed  to  a  second  reading.  By  the  terms  of  the  bill  as  tirst 
reported,  the  county  buildings  were  to  be  located  at  Chester. 
So  much  had  been  effected  by  the  replication  of  Chandler.  On 
its  second  reading,  on  the  29th,  the  bill  was  referred  to  a  com- 
mittee of  the  whole  house.* 

Meantime,  William  Tryon  had  succeeded  to  the  government 
of  the  province,  and  was  unacquainted  with  the  condition  of 
affairs  in  Cumberland  county.  On  the  25th  of  January,  Chan- 
dler addressed  to  him  a  petition  couched  in  terms  similar  to 
those  with  which  he  had  approached  Dunmore.  This  docu- 
ment, as  it  was  dated  at  Fort  George  in  the  city  of  New  York, 
was  probably  prepared  in  a  council  of  Chandler's  friends  and 
advisers.  After  rehearsing  facts  connected  with  the  rise  and 
progress  of  the  county,  he  referred  to  the  good  effects  which 
had  attended  the  location  of  the  shire  town  at  Chester,  and 
described  a  court-house  which  he  had  lately  built  there  and 
leased  to  the  county.f  He  detailed  the  advantages  which  the 
county  would  receive,  if  the  shire  town  should  be  allowed  to 
remain  where  it  then  was,  and  in  proof  of  the  disposition  of 
many  of  the  inhabitants,  referred  to  a  petition  which  they  had 
presented  to  the  General  Assembly,  asking  for  leave  to  tax  the 
county  for  the  purpose  of  finishing  the  court-house  begun  at 
Chester,  or  for  building  a  new  one  and  a  jail,  at  that  place.  In 
conclusion,  he  promised,  in  case  the  tax  prayed  for  was  not 
levied  on  the  people,  that  he,  at  his  own  expense,  would  make 
the  incomplete  court-house  comfortable,  and  build  "  a  good 
jail"  at  Chester,  rather  than  suffer  the  courts  to  be  removed 
"  to  the  damage  of  the  publick."  On  the  occasion  of  a  riot 
which  happened  soon  after  at  Putney,:}:  when  the  rioters  threat- 
ened among  other  "  felonious  actions,"  to  "  go  to  Chester,  pull 
down  y«  jail,"  and  deliver  some  of  the  prisoners.  Chandler 
again  wrote  to  Governor  Tryon.  Having  detailed  the  origin 
and  incidents  of  the  disturbance,  he  did  not  lose  the  opportu- 
nity of  deducing  from  it  an  argument  in  favor  of  his  adopted 

*  N.  Y.  Colonial  MSS.,  in  office  Sec.  Slate,  Dunmore,  Tryon:  1771,  xcvil 
Journal  Gen.  Aea.  N.  Y.,  1767-1775. 

t  See  ante,  pp.  175,  176.  %  See  ante,  pp.  172,  173. 


1772.]  A    PETITION.  181 

town.  "  If  the  jail  had  been  in  any  one  of  the  river  towns," 
said  he,  "  as  prayed  for  by  some,  the  jail  had  by  said  mad 
Rioters  been  pulled  down.  Your  Excellency  will  therefore  see 
that  it  will  on  this  account,  be  best  to  continue  the  jail  and 
courts  in  y*  centre  of  the  county,  if  no  other  reasons  were 
given  but  to  prevent  such  sudden  mischiefs  being  perpetrated 
as  may  be  done  in  a  sudden  heat  of  passion."* 

Pending  the  discussion  of  the  subject,  a  petition  from  the 
inhabitants  of  the  county  was  read  before  the  house,  on  the 
22d  of  February,  setting  forth  the  many  inconveniences  which 
they  would  experience,  should  the  bill  in  its  present  form  pass 
into  a  law,  and  praying  that  they  might  not  be  obliged  to  build 
the  court-house  and  jail  in  the  township  of  Chester.  The  peti- 
tion was  referred  to  the  committee  to  whom  the  bill  had  been 
given  in  charge.  In  order  to  rebut  Chandler's  representa- 
tions Samuel  Wells,  Oliver  Willard,  William  Dean,  William 
Williams  and  ISTathan  Stone,  addressed  Governor  Try  on  in 
behalf  of  those  who  were  opposed  to  the  present  location  of 
the  shire  town.  Tlieir  representations  were  similar  to  those 
they  had  made  on  former  occasions,  and  in  some  instances  were 
contradictory  of  certain  assertions  which  had  been  made  by  the 
opposite  party.  Tliey  accused  Chandler  of  failing  in  the  per- 
formance of  his  promise  to  erect  county  buildings  worthy  of  the 
name  ;t  described  the  road  to  Chester  as  only  partly  opened, 
improperly  constructed,  but  little  travelled,  and  in  many  places 
almost  impassable,  and  declared  the  town  destitute  of  neces- 
sary accommodations,  and  its  houses  "  mean,  slight  and  uncom- 
fortable." They  stated  that  it  would  "  tend  much  to  the  ad- 
vancement of  justice,"  the  "benefit  and  utility  "  of  the  county, 
and  "  contribute  greatly  to  the  ease  and  satisfaction  "  of  the 
people,  if  the  courts  were  held  nearer  the  river ;  that  the  inha- 
bitants would  willingly  submit  to  be  taxed,  were  the  change 
made,  and  since  two  terms  in  a  year  had  proved  "  insufficient 
for  the  dispatch  of  business,"  and  the  length  of  time  interven- 
ing between  them,  had  given  many  persons  "  opportunities  of 
absconding,  or  defrauding  their  creditors,  by  embezzling  their 
effects,"  tliat  the  addition  of  two  more  terms  had  become  neces- 
sary for  the  due  administration  of  justice.  In  making  these 
representations,  they  declared  that  they  spoke  the  sentiments  of 

*  X.    Y.    Colonial   MSS.,   in   office  Sec.  State.     Tryon,   1771,   1772,   xcviii. 
Doc.  Hist.  N.  Y.,  iv.  759-761. 
f  See  ante,  p.  175,  Note. 


182  mSTOKT    OF   EASTEKN   VERMONT.  [1772. 

more  than  three  fourths  of  the  inliabitants  of  the  county.  For 
this  reason  they  prayed  his  Excellency  to  remove  the  courts  to 
Westminster,  and  increase  the  number  of  terms  to  four  in  each 
year.  This  petition  was  read  in  the  house  on  the  27th  of 
February,  and  was  referred  to  a  committee  of  the  whole. 

On  the  14th  of  March,  Mr.  De  Noyellis,  from  the  committee 
of  the  whole  house,  to  whom  had  been  referred  the  bill  relative 
to  the  courts  of  the  county,  reported  that  they  had  examined  it, 
altered  the  title,  and  amended  it  in  several  particulars.  The 
bill  as  amended  was  then  read,  and  having  been  agreed  to  by 
the  house  was  passed  for  engrossment.  Having  been  read  on 
the  16th  the  third  time,  it  was  passed  by  a  resolution,  and 
Messrs.  De  [Noyellis  and  De  "Witt  were  appointed  to  carry  it  to 
the  Council  and  desire  their  concurrence  in  its  passage.  From 
them  it  was  returned  on  the  21st,  by  Oliver  De  Lancey,  ap- 
proved of  and  unamended.  The  bill  became  a  law  on  the  24th. 
Its  original  title  had  been  altered,  and  it  now  appeared  as  "  An 
act  for  erecting  a  more  convenient  Court  House  and  Gaol,  for 
altering  the  terms  appointed  for  holding  the  courts  of  Common 
Pleas  and  General  Sessions  of  the  Peace,  and  for  enabling  the 
inhabitants  to  elect  supervisors  and  other  county  officers  in  and 
for  the  county  of  Cumberland." 

By  its  provisions  the  judges  and  justices  of  the  county  were 
directed  to  meet  at  the  court-house  in  Chester  on  the  first  Tues- 
day of  the  following  May,  and  form  "  into  convenient  districts" 
such  parts  of  the  county  as  were  not  erected  into  townships 
"  under  the  Great  Seal"  of  the  colony.  A  description  of  these 
divisions  was  to  be  made  in  writing,  subscribed  by  the  judges 
and  justices  and  filed  with  the  county  clerk,  who  was  ordered 
to  record  it.  The  districts  thus  constituted  were  to  remain  as 
divided  until  formed  into  townships.  The  people  were  author- 
ized to  assemble  on  the  third  Tuesday  of  May  following,  and 
elect  for  each  town  and  district  one  supervisor,  two  assessors, 
two  collectors,  two  overseers  of  the  poor,  two  fence-viewers,  four 
constables,  three  highway  commissioners,  and  as  many  persons 
for  surveyors  and  overseers  of  highways,  as  the  majority  of  "  the 
freeholders  and  inhabitants"  of  each  town  and  district  should 
judge  necessary.  At  the  same  time  a  county  treasurer  was  to  be 
chosen.*   The  election  for  these  purposes  was  to  be  held  annually. 

*  At  the  first  election  under  this  act,  held  May  19th,  1*772,  the  people,  for  some 
reason  not  ajtparent,  neglected  to  choose  a  county  treasurer.      That  officer  -was 


1TT2.]  ACT   TO    ERECT   COUNTY    BUILDINGS.  183 

By  other  clauses  of  tlie  bill,  it  was  ordered  that  the  "  public  and 
necessary  charges"  should  be  defrayed  as  in  other  counties ;  that 
"  from  and  after"  the  first  Tuesday  in  June,  next  ensuing,  the 
courts  should  be  held  on  the  second  Tuesdays  in  June,  Septem- 
ber, December,  and  March,  in  each  year,  and  that  each  session 
should  not  continue  longer  than  four  days.  In  order  to  intro- 
duce these  last  regulations,  the  judges  were  directed  to  open 
the  next  court  at  the  time  and  j)lace  to  which  it  had  been 
adjourned,  and  again  adjourn  it  with  "  all  presentments,  indict- 
ments, suits,  causes,  plaints,  writs,  processes,  and  proceedings, 
whether  criminal  or  civil,  and  all  parties  charged,  prosecuting 
or  defending  therein,"  to  the  term  next  ensuing,  as  estabhshed 
by  this  act,  and  to  the  place  which  should  be  hereafter  ap- 
pointed. To  the  Governor,  with  the  advice  and  consent  of  the 
Council,  was  reserved  the  power,  according  to  ancient  usage,  of 
altering  and  fixing  the  terms  and  times  of  the  court  sessions. 

In  conformity  with  the  first  clause  in  the  title  of  the  bill,  the 
supervisors  who  should  be  chosen  at  the  coming  election,  were 
ordered  to  assemble  on  the  last  Tuesday  in  May  at  the  court- 
house in  Chester,  and  by  a  plurality  of  votes,  ascertain  the 
place  where  the  court-house  and  jail  were  to  be  erected.  The 
result  of  their  ballotings  was  to  be  certified  by  an  instrument 
under  their  hands  and  seals,  and  the  place  which  they  should 
choose  was  to  "  be  and  remain"  the  county  town,  if  not  disap- 
proved of  by  the  Governor.  To  defray  the  expenses  of  build- 
ing, the  supervisors  were  authorized  to  levy  upon  and  collect, 
from  the  inhabitants  of  the  county,  a  sum  not  exceeding  £250. 
They  were  also  instructed  to  nominate  three  fit  j)ei"sons  to  "  su- 
perintend and  direct  the  building  of  the  said  court-house  and 
gaol,  and  the  laying  out  and  expending  the  monies  to  be  raised 
for  that  purpose."  Those  who  should  collect  the  tax  were 
directed  to  pay  it  to  the  three  superintendents.''^ 

In  accordance  with  the  rules  laid  down  in  this  act,  the  to"^vn& 
which  had  not  received  charters  from  New  York  were  divided 
into  districts,  and,  on  the  6th  of  May,  an  abstract  of  the  divi- 
sions was  posted  in  several  public  places,  signed  by  Crean  Brush, 
who,  a  few  months  before,  had  removed  to  "Westminster,  and 
had  been  appointed  clerk  and  surrogate  of  the  county  by  corn- 
afterwards  appointed  by  the  supervisors  at  their  meeting  in  June  following.-— 
Council  Minutes,  in  office  Sec.  State,  N.  Y.,  iVGo-lYSS,  xxvi.  302. 

*  Journal  Gen.  Ass.  N.  Y.,  1767-1775.  Act  of  12th  George  IIL,  in  Laws  N.  T., 
Van  Schaack's  ed.,  1691-1773,  pp.  700-702. 


184  HISTORY    OF    EASTERN    VERMONT.  [1YY2. 

missions  from  Governor  Tryon,*  The  supervisors  who  had 
been  chosen  at  the  general  election,  held,  according  to  appoint- 
ment, in  the  towns  and  districts  of  the  county,  on  the  19th  of 
May,  assembled  at  the  court-house  in  Chesert,  on  the  26th,  for 
the  purpose  of  locating  the  county  buildings.  Westminster  was 
chosen  as  the  shire  town,  and  a  spot  adjoining  "  the  public  street 
or  highway"  in  that  township,  and  "  as  near  the  place  where  the 
meeting-house  is  erected,"  as  would  be  convenient,  was  selected 
as  the  site  of  the  court-house  and  jail.  At  a  subsequent  meet- 
ing of  the  supervisors,  held  on  the  11th  of  June,  at  Westminster, 
for  the  purpose  of  proportioning  the  county  tax,  and  choosing  per- 
sons to  superintend  the  erection  of  the  court-house  and  jail,  the 
question  was  raised  as  to  the  particular  spot  on  which  the  build- 
ings should  be  placed.  Although  this  question  had  been  once  de- 
cided, yet  by  a  majority  of  one,  the  former  decision  was  reversed, 
and  it  was  voted  that  the  court-house  and  jail  should  be  built 
"  near  the  north  end  of  the  northerly  plain,  above  a  mile  from 
the  meeting-house,  and  about  forty  rods  to  the  northward  of  all 
the  houses  in  the  street  but  one." 

An  account  of  these  proceedings  was  carried  to  "New  York  by 
Crean  Brush,  who  informed  Governor  Tryon  that  the  reversal 
of  the  first  decision  of  tlie  supervisors,  had  been  "  inadvertently 
acquiesced  in  "  by  some  of  the  members  of  the  board  who  were 
now  convinced  of  the  imjDropriety  of  the  act.  Owing  to  this 
representation,  the  Governor  and  his  Council,  at  a  meeting  held 
on  the  25th  of  June,  approved  of  the  selection  which  had  been 
made  at  the  first  meeting  of  the  supervisors,  and  authorized  the 
erection  of  the  court-house  and  jail  on  the  spot  which  liad  on 
that  occasion  been  chosen.f 

Full  permission  having  been  obtained,  the  people  of  the 
■county  now  turned  their  attention  to  the  erection  of  a  court- 
house wliich  should  be  creditable  and  of  service.  The  east 
village  of  Westminster  is  built  on  two  plains  which  stretch 
along  the  banks  of  the  Connecticut,  and  extend  back  to  the 
mountains  nearly  a  mile.  At  the  northern  extremity  of  the 
southern  plain,  which  is  higher  than  the  other,  and  on  the  brow 

*  A  copy  of  this  abstract,  taken  from  a  rain-stained  and  weather-beaten  origi- 
nal upon  which  the  upturned  eyes  of  the  early  inhabitants  of  the  wilds  of  Vermont 
once  gazed,  as  it  looked  down  upon  them  from  the  side  of  an  inn  or  of  some  humble 
place  of  worship,  may  be  found  in  Appendix  G.  I  am  indebted  to  the  Hon.  Wil 
liam  M.  Pingry,  for  this  and  other  documents. 

f  Council  Minutes,  in  office  Sec.  State,  N.  Y.,  1765-1783,  pp.  302,  303. 


1772.] 


THE    "OLD   COUKT    HOUSE. 


ISo 


of  an  elevation  which  afterwards  took  the  name  of  "  Court- 
Hoiise  Hill,"  a  spot  was  selected  for  the  site  of  the  building.  It 
was  located  on  the  east  side  of  the  road  but  a  short  distance 
from  the  meeting-house  w^hich  then  occupied  the  centre  of  the 
highway.  In  shape  it  was  almost  square,  the  sides  being  about 
forty  feet  in  length,  and 
was  built  of  hewn  tim- 
ber, clap-boarded.  The 
roof  was  gambrel,  sui- 
mounted  by  a  cupola 
or  tower,  023en  at  the 
four  sides.  An  aisle, 
ten  or  twelve  feet  in 
width,  ran  east  and 
west  through  the  mid- 
dle of  the  lower  story. 
A    double     door    was 

placed    at    each   end    of  court  House  at  Westminster. 

the  aisle,  or,  in  other  words,  two  doors  opening  either  way 
from  a  centre  fastening.  In  accordance  with  the  custom  of  the 
times,  the  building  was  intended  to  afford  some  of  the  con- 
veniences of  a  tavern.  In  the  south-east  corner  was  a  kitchen 
or  cook-room,  occupied  by  the  jailer,  and  in  the  south-west  cor- 
ner, a  bar-room,  in  which  the  jailer  served  in  the  capacity  of 
bar-tender.  The  chimney  rose  between  these  rooms,  and  opened 
into  each  in  the  shape  of  a  large,  old-fashioned  fire-place.  An- 
other door  was  cut  in  the  south  side  of  the  building,  leading 
into  an  entry,  on  either  side  of  which  were  doors  to  the  kitchen 
and  bar-room.  In  the  north  part  was  the  jail,  which  comprised 
within  its  limits  two  prison-rooms,  divided  the  one  from  the 
other  by  a  narrow  aisle  running  north  and  south.  This  aisle 
communicated  with  the  broad  aisle,  by  a  door.  Doors  also 
opened  from  the  prison-rooms  into  the  narrow  aisle.  A  flight 
of  stairs  led  from  the  east  entrance  to  the  court-room  in  the 
second  story,  which  did  not  differ  materially  from  the  court- 
rooms of  the  present  day  in  its  arrangement. 

Before  the  building  was  completed,  the  superintendents  had 
expended  all  the  money  which  had  been  raised  by  tax,  and 
were  compelled  for  a  while  to  suspend  operations.  Meantime 
the  county  had  obtained  two  representatives  in  the  Legislature 
of  the  province.  On  the  3d  of  February,  1773,  Crean  Brush, 
one  of  the  representatives,  asked  leave  to  bring  in  a  number  of 


186  HISTORY   OF   EASTERN   VERMONT.  [1773. 

bills  designed  to  advance  tlie  interests  of  Ms  constituents. 
Among  these,  was  one  "  for  raising  £250  in  the  county  of  Cum- 
berland, towards  finishing  the  court-house  and  gaol  abeady 
erected  in  the  said  county."  Permission  being  granted,  a  bill 
to  that  effect  was  presented,  and  having  passed  its  first  reading 
on  the  8th,  and  its  second  reading  on  the  10th,  was  referred  to 
a  committee  of  the  whole  house.  Tlience  it  was  returned  on  the 
13th  with  an  altered  title,*  and  with  the  amendment  was,  on  the 
15th,  ordered  to  be  engrossed.  Having  been  read  a  third  time,  it 
was  enacted  by  the  house.  On  the  18th,  the  concurrence  of  the 
Council  in  the  bill  was  announced  by  Roger  Morris,  and  on  the 
8th  of  March  it  was  passed  into  a  law.  The  work  was  soon  after 
renewed,  and  by  the  close  of  summer  the  building  was  ready 
for  use.  Tlie  court-room  was  never  finished  ;  but  its  walls,  gray 
and  cobwebbed,  and  its  beams  and  braces  rough  and  bare,  were 
perfectly  in  keeping  with  the  turbulent  spirits  who  met  within 
its  precincts  in  legal  conflict,  or  assembled  there  to  engage  in 
more  important  scenes.f 

*  The  title  was  changed  so  as  to  read,  "  for  raising  the  further  sum  of  £250," 
etc.  Act  of  13th  George  III.,  in  Laws  K  Y.,  Van  Schaack's  ed.,  1691-1773,  p. 
803. 

.  f  Journal  Gen.  Ass.  N.  Y.,  1767-1775.  The  courts  were  held  at  Westminster, 
intil  1781.  In  that  year,  Westminster  and  Marlborough  were  declared  to  be  half 
shire  towns,  and  one  court  term  was  held  at  each  place  until  1787,  when  the  half 
shire  towns  were  abolished,  and  the  county  town  was  established  at  New  Fane, 
where  a  new  court-house  and  jail  were  erected.  The  engraving  in  the  text  was 
finished  from  a  plan,  made  from  memory  by  Daniel  Hall,  Esq.,  who,  in  the  year 
1794,  attended  a  school  in  the  "  Old  Court-House  "  taught  by  Master  Dudley  Chase, 
afterwards  United  States  Senator  from  Vermont.  The  building  was  demolished 
about  the  year  1806. 


CHAPTER  Yin. 

LEGISLATION  OF  THE  NEW  TOKK  COLONIAL  ASSEMBLY.     EVIDENCES  OF 
A  REVOLUTIONARY  SPIRIT. 

Census  of  Cumberland  and  Gloucester  Counties — Samuel  Wells  and  Crean  Brush 
chosen  Representatives — Laws  for  Regulating  the  Affairs  of  the  Counties — 
Road  Law — License  Law — Law  for  Supervising  Intestates'  Estates,  and  Regu- 
lating the  Probate  of  Wills — Petition  for  Confirmation  Charters — Law  respect- 
ing the  Sheriff's  Fees — Law  Establishing  Fairs — Pay  of  Representatives — Road 
Law — Law  Forbidding  Justices'  Courts  to  be  held  in  Taverns — "Sons  of 
Liberty" — Letter  to  the  Supervisors  of  Cumberland  County — Meeting  at  Ches- 
ter— Patriotic  resolves  of  the  Westminster  Convention — Troubles  at  Dummer- 
ston — Dr.  Harvey,  the  Town  Clerk — His  Account  of  the  Imprisonment  and  Re- 
lease of  Lieut.  Leonard  Spaulding — Another  Meeting  at  Chester — Second  Con- 
vention at  Westminster — Committee  of  Inspection — Third  Convention  at  West- 
minster— Committee  of  Correspondence— Petition  to  the  New  York  Legislature. 

In  the  various  petitions,  remonstrances,  and  memorials  whicli 
had  been  presented  to  the  governors  of  I^ew  York  at  different 
times,  bj  persons  claiming  to  be  residents  on  the  "  Grants,"  the 
population  of  that  district  had  been  made  to  appear  much 
greater  than  it  really  was.  To  come  at  the  truth  on  this  point, 
Governor  Dunmore,  on  the  16th  of  January,  1771,  directed  the 
sheriffs  of  Cumberland  and  Gloucester  counties  to  take  an  enu- 
meration of  the  inhabitants  of  their  respective  bailiwicks.  As  the 
result  of  this  census,  it  was  shown  that  there  were  in  the  twenty- 
six  towns  in  the  county  of  Cumberland,  from  which  returns 
were  received,  of  white  males,  one  thousand  and  eighty,  under 
the  age  of  sixteen ;  one  thousand  and  thirty-three,  between  six- 
teen and  sixty ;  and  sixty,  aged  sixty  and  upwards ;  of  white 
females,  nine  hundred  and  forty-nine,  under  sixteen  ;  and  eight 
hundred  and  eighty-seven  above  that  age ;  of  black  males, 
seven,  and  of  black  females,  eight.  The  whole  population 
amounted  to  four  thousand  and  twenty-four  persons,  of  whom 
seven  hundred  and  fortv-four  were  heads  of  families.      At  the 


188  HISTORY   OF   EASTERN   VERMONT.  [17T2. 

same  time  the  total  number  of  whites  and  blacks  in  Gloucester 
county  was  found  to  be  seven  hundred  and  twentj-two.*  With 
these  data,  the  Legislature  of  l^ew  York  were  prepared  to  ap- 
preciate better  the  wants  of  a  people  Avho,  on  account  of  their 
distance  from  the  seat  of  government,  had  been  neglected, 
although  their  rights  were  nearly  the  same  as  those  of  the 
inhabitants  of  the  other  counties  of  the  province.f 

Among  the  complaints  which  were  made  when  the  subject 
of  removing  the  court-house  was  first  mooted,  was  one  arising 
from  the  fact  that  the  people  of  Cumberland  county  were  denied 
representation  in  the  Provincial  Legislature.  Thomas  Chandler, 
writing  to  Governor  Dunmore,  on  the  10th  of  April,  had  in- 
formed him  of  this  "grievance,"  and  had  expressed  his  belief 
that  his  lordship  would  endeavor  to  redress  it.  The  right  of 
petition  being  that  most  frequently  exercised  in  such  cases,  the 
people  of  the  county  drew  up  an  address  to  Governor  Tryon,  on 
the  Ytli  of  December,  17Y2,  in  which  they  set  forth  the  "powers, 
privileges,  and  immunities"  to  which  they  were  by  the  terms 
of  their  charter  entitled.  They  declared  themselves  "  wholly 
disposed  to  demean  themselves  as  good  subj  ects,"  but  expressed 
a  desire  of  "  enjoying,  in  common  with  the  inhabitants  of  the 
other  counties,"  the  liberty  of  choosing  two  representatives  "  to 
serve  in  the  General  Assembly."  "  Such  representation,"  said 
they,  "  will  fulfil  the  hopes  of  your  petitioners,  by  establishing 
that  firm  and  lasting  connection  which  they  are  desirous  should 
ever  subsist  between  them  and  the  government  to  which  it  is 
their  happiness  to  belong,  and  will  enable  them  the  more  readily 
to  accomplish  the  good  purposes  of  government,  by  obtaining 
such  laws  as  will  most  tend  to  its  honor  and  their  own  pros- 
perity." This  address,  which  bore  at  its  foot  one  hundred  and 
fifty-one  signatures,  having  been  read  in  Council  on  the  23d  of 
December,  was  favorably  received,  and  a  writ  was  ordered  to 
issue,  enabling  the  freeholders  and  inhabitants  of  the  county  to 
choose  two  representatives  to  sit  in  the  next  General  Assembly 
of  the  province.  At  the  election,  which  was  held  agreeable  to 
this  order,  Samuel  "Wells,  of  Brattleborough,  and  Crean  Brush, 
of  Westminster,  were  returned  as  representatives.  The  Legisla- 
ture being  then  in  session,  they  soon  after  repaired  to  the  city 

*  "Williams's  Hist.  Vt,  Ist  ed.,  p.  411 ;  2d  ed.  li  47S  Brattleborough  Semi- 
Weekly  Eagle,  vol.  ui.,  nos.  43,  45-47,  49-51,  68,  60,  76.  Doc  Hist.  N.  Y., 
iv.  1034 

\  See  Appendix  H 


1VT2.]  THE    INDUCTION    OF   WELLS    AND   BRUSH.  189 

of  New  York,  and,  having  notified  their  attendance  to  the 
house  on  the  2d  of  February,  1773,  were  called  in,  and  after 
presenting  their  credentials,  were  ordered  to  withdraw.  Having 
been  received  as  representatives  bj  a  unanimous  vote,  they 
were  waited  upon  by  Mr.  De  Lancey  and  Mr.  Nicoll,  two  of 
the  representatives,  by  whom  they  were  conducted  to  one  of 
the  commissioners  appointed  to  qualify  representatives,  and 
having  taken  the  required  oaths,  were  allowed  to  take  their 
seats  "  at  the  table."  Such  was  the  ceremony  by  which  mem- 
bers were  inducted  into  office  under  the  old  courtier-like  regime. 
Republicanism  has  removed  most  of  the  forms  which  served  to 
give  dignity  to  the  legislative  transactions  of  our  ancestors,  and 
the  result  may,  for  a  time,  have  been  beneficial.  But  the  expe- 
rience of  the  last  twenty  years  has  shown,  at  least  in  our  deli- 
berative bodies,  that  a  decrease  in  respectful  conduct  has  fol- 
lowed closely  upon  a  disuse  of  ceremonial  observances,  and  the 
scenes  which  have  lately  disgraced  the  floor  of  our  National 
Congress  have  awakened  in  many  a  heart  a  wish  for  the  revival 
of  some  of  that  becoming  etiquette  which  lent  so  great  a  grace 
to  the  proceedings  of  the  assembhes  of  former  days,'^ 

Previous  to  the  election  of  Wells  and  Brush,  some  of  the 
members  of  the  Legislature  had  proposed  the  passage  of  a 
number  of  necessary  and  judicious  laws,  relating  to  Cumber- 
land county.  Leave  having  been  granted,  on  the  15th  of 
January,  1772,  to  bring  in  such  acts  as  would  meet  the  ends 
designed,  the  yeomanry  of  Cumberland  had  the  satisfaction  of 
knowing  before  the  close  of  the  session  that  their  wants  had 
been  considered,  and  that  the  punishment  of  the  statute- 
breaker  and  the  protection  of  good  men  were  certain,  so  far  as 
legal  enactments  could  avail,  to  produce  these  results. 

The  first  of  these  acts,  passed  on  the  26th  of  February,  was 
for  the  revival  and  continuation  of  an  act  which  had  been  made 
six  years  before  for  the  purpose  of  "  laying  out,  regulating  and 
keeping  in  repair"  the  roads  of  the  county.f  At  the  same  time 
a  law  was  enacted  for  regulating  the  inns  and  taverns  of  the 
county.  By  its  provisions  no  person  was  allowed  to  sell  "  by 
retail,  any  rum,  brandy,  wine,  or  spii'its  of  any  kind,  under  the 

*  Council  Minutes,  in  office  See.  State,  K  T.,  1765-1Y83,  xxvi.  331.  Journal 
Gen.  Asa.  N.  Y.,  \1Q7-I'n5.     Doc.  Hist.  K  Y.,  iv.  816,  817. 

f  See  ante,  pp.  138,  139.  By  an  act  passed  March  8th,  1773,  this  act  was  ex- 
tended to  Gloucester  county.  Laws  of  N.  Y.,  Van  Schaack's  ed.,  1691-1773,  pp. 
487-490,  646,  804,  805. 


190  mSTOKT   OF   EASTERN   VERMONT.  [1772. 

quantity  of  one  quart ;  nor  any  cider,  strong  beer,  metlieglin, 
or  any  sucli  strong  liquor,  or  any  mixt  liquors,  directly  or  indi- 
rectly, under  the  quantity  of  five  gallons,"  without  a  license,  on 
pain  of  forfeiting  the  sum  of  twenty  shiUings,  current  money, 
for  every  offence,  one-half  of  the  fine  to  be  paid  to  him  who 
should  sue  for  it,  the  other  half  to  the  overseers  of  the  poor, 
for  the  benefit  of  those  under  their  care.  Licenses  were  to  be 
granted  for  one  year  by  the  court  of  General  Sessions  of  the 
Peace,  to  such  persons  as  the  justices  should  recommend,  and 
were  to  be  entered  by  the  clerk  on  the  court  records.  The  jus- 
tice from  whom  a  recommendation  proceeded,  was  to  receive 
three  shillings  for  every  license  granted,  and  the  clerk  two 
shillings  for  his  services.  By  another  provision,  the  act  was  to 
be  read  once  in  every  year  at  the  session  of  the  court.* 

Many  difficulties  had  already  arisen  from  the  imperfect  con- 
dition of  the  laws  regarding  the  probate  of  wills  and  the  set- 
tlement of  the  affairs  of  intestates.  By  an  act  passed  on  the 
11th  of  l^ovember,  1692,  in  the  fourth  year  of  the  reign  of  Wil- 
liam and  Mary,  the  courts  of  Common  Pleas  for  the  remote 
counties  in  the  colony  of  New  York,  had  been  authorized  "  to 
take  the  examination  of  witnesses  to  any  will  within  the  said 
respective  remote  counties  upon  oath,  and  to  grant  letters  of 
administration." 

On  the  24th  of  March,  1772,  an  act  was  passed  extending  the 
aforesaid  act  to  Cumberland  and  Gloucester  counties,  giving  to 
the  courts  of  Common  Pleas  in  those  counties  power  "  to  take 
the  examination  of  any  witnesses  to  wills  upon  oath  ;"  and  "  to 
act,  do,  and  perform  every  matter  and  thing"  pertaining  to  the 
supervising  of  intestates'  estates,  the  regulating  of  the  probate 
of  wills,  and  the  granting  of  letters  of  administration.  When 
tlie  courts  were  not  in  session,  the  same  authority  was  given  to 
the  judges  and  justices  by  virtue  of  their  oflice,  and  the  clerks 
were  ordered  to  give  such  assistance  as  might  with  propriety  be 

*  This  act  was  amended  March  8th,  111Z,  and  was  extended  to  Gloucester 
county.  As  altered,  no  person  was  allowed  to  retail  "  any  Rum,  Brandy,  W^ine, 
or  Spirits  of  any  kind,  under  the  Quantity  of  Five  Gallons,"  -without  a  license. 
No  person  having  a  license  "to  retail  strong  Liquors," was  pennitted  to  "sell  any 
mixt  Liquors,  directly  or  indirectly,  on  pain  of  forfeiting  the  Sum  of  Twenty 
Shillings,"  current  money,  for  each  offence,  to  be  recovered  and  applied  as  directed 
by  the  former  act.  The  judges  of  the  Inferior  court  of  Common  Pleas  were 
authorized  to  grant  licenses  at  the  meetings  of  the  court  of  General  Sessions  of 
the  Peace,  to  such  persons  as  they  should  deem  proper.  Laws  of  K  Y.,  Van 
Schaack's  ed.,  1691-1773,  pp.  646,  647,  805. 


1773.]  PETITION   FOR   CONTTRMATION    CHAKTEES.  191 

demanded  of  tliem.  Owing,  no  doubt,  to  the  troubles  conse- 
quent upon  the  prosecution  of  the  Deans  for  felling  his  Majes- 
ty's trees,  as  related  in  a  previous  chapter,  a  bill  was  brought 
in,  on  the  28th  of  February,  for  preventing  abuses  "  in  the  de- 
sti'uction  of  timber  by  joint  tenants,  or  tenants  in  common,  to 
the  prejudice  of  their  fellow  joint  tenants  or  commoners."  It 
was  ordered  to  a  second  reading,  but,  as  no  further  account  of  it 
appears  on  the  Assembly  journals,  it  is  probable  that  it  was 
defeated.* 

Although  a  number  of  the  townships  east  of  the  Green  Moun- 
tains, had  received  confirmation  charters  from  !N^ew  York  agree- 
able to  the  order  in  Council  of  July  20th,  1764,  still  the  majority 
of  them  were  held  by  grants  from  New  Hampshire.  To  pro- 
duce a  uniformity  in  the  titles,  about  four  hundred  of  the  favor- 
ers of  the  jurisdiction  of  New  York  residing  in  the  counties  of 
Cumberland  and  Gloucester,  petitioned  the  King  on  the  26th  of 
January,  1773,  to  confirm  to  them  the  rest  of  the  townships  for 
one  half  of  the  usual  fees  of  ofiice.  "  Your  petitioners,"  said 
they,  "are  not  desirous  of  any  change  of  jurisdiction,  but  are 
perfectly  satisfied  with,  and  earnestly  wish  to  continue  under 
the  government  of  New  York,  and  are  only  anxious  to  have  their 
titles  made  valid  and  secure  by  confirmations  under  the  Great 
Seal  of  the  said  province,  which  have  been  hitherto  suspended, 
as  your  petitioners  are  informed,  by  your  Majesty's  royal  in- 
structions." On  account  of  the  insecurity  of  their  titles,  they 
declared  that  they  could  not  carry  on  their  improvements  "  with 
spirit  and  vigour"  for  fear  of  being  deprived  of  them  and  losing 
their  labor  ;  that  they  were  not  entitled  to  the  rights  and  privi- 
leges of  freeholders,  by  reason  of  the  defects  of  their  New  Hamp- 
shire charters  ;  and  from  the  same  cause,  were  unable  to  sup- 
port any  action  in  behalf  of  their  landed  property,  when  it  was 
injured  or  withheld  from  them.  "  While  these  distressing  cir- 
cumstances," said  they,  "  fall  heavy  on  individuals,  they  at  the 
same  time  obstruct  the  growth  and  further  cultivation  of  these 
new  counties,  impede  the  equal  administration  of  justice,  and 
prevent  the  payment  and  augmentation  of  your  Majesty's  re- 
venue from  the  quit  rents."  These  were  some  of  the  reasons 
which  induced  them  to  seek  for  a  securer  title  than  that  under 


'''  Act  of  Assembly,  passed  in  the  Province  of  New  York,  London  ed.  mdocxix., 
legi-lTlS,  pp.  16,  11.  Acts  of  12th  George  TIL,  in  Laws  of  N.  Y.,  Van  Schaack'a 
ed.,  1691-1773,  pp.  646,  647,  707.     Journal  Gen.  Ass.  K  Y.,  1767-1775. 


192  HISTORY    OF    EASTERN    VERMONT.  [17^3. 

which  they  then  held.  But  a  reduction  of  the  fees  of  office  one 
half,  as  prayed  for  by  the  petitioners,  was  deemed  too  great  a 
"  mark  of  favor  and  indulgence"  to  be  granted,  and  the  riotous 
conduct  of  the  settlers  on  the  west  side  of  the  mountains  receiv- 
ed more  attention  from  government  than  the  reasonable  com- 
plaints of  the  more  peaceable  inhabitants  of  Cumberland  and 
Gloucester.* 

At  the  session  of  the  Assembly  of  New  York  in  1Y73,  an 
act  was  passed  on  the  18th  of  March  relative  to  Cumberland 
county,  for  the  purpose  of  settling  certain  disputed  questions 
regarding  the  sheriff's  duties  and  privileges.  By  the  law 
enacted  on  that  occasion,  he  was  authorized  to  compute  his 
mileage  fees  "  for  the  service  of  all  writs  and  papers"  from  the 
court-house  at  Westminster.  He  was  also  empowered,  "  for  the 
time  being,"  to  demand  "  the  usual  customary"  mileage  fees  for 
every  mile  he  might  "necessarily  travel  in  or  out"  of  the 
county,  "  in  order  to  facilitate  the  return"  of  writs  and  processes 
issued  from  the  Supreme  court  of  the  colony.  An  affidavit 
from  him  of  the  number  of  miles  he  had  thus  travelled,  was 
declared  to  be  sufficient  proof  when  presented  to  one  of  the 
judges  of  the  Inferior  court  of  Common  Pleas,  and,  after  the 
approval  of  the  affidavit,  the  sheriff  was  allowed  to  tax  his 
mileage  fees  in  the  bills  of  costs.  In  addition  to  these  privi- 
leges, he  was  authorized,  by  himself  or  his  deputies,  to  serve 
justices'  warrants,  summonses,  executions,  and  other  precepts 
in  civil  causes,  and  to  collect  the  fees  for  his  trouble.f 

By  an  act  passed  on  the  11th  of  November,  1692,  when  Ben- 
jamin Fletcher  was  Governor  of  New  York,  for  "  settling  fairs 
and  markets  in  each  respective  city  and  county  throughout  the 
province,"  an  attempt  had  been  made  to  excite  and  maintain  an 
interest  in  improving  the  agricultural  condition  of  the  country. 
The  manner  in  which  these  fairs  were  conducted,  was  most 
liberal  and  beneficial.  According  to  the  regulations,  "  all  and 
every  person  or  persons,  inhabitants,  strangers,  or  sojourners" 
might  resort  to  them,  and  "carry  or  cause  to  be  carried" 
thither,  "  all  sorts  of  cattle,  horses,  mares,  colts,  grain,  victuals, 
provisions,  and  other  necessaries,  together  with  all  sorts  of  mer- 
chandise of  what  nature  soever,"  and  expose  them  for  sale  or 
barter  "  in  gross,  or  by  retail,  at  the  times,  hours,  and  seasons" 

*  Doc.  Hist  N.  Y.,  iv.  821-824. 

•j-  Act  of  13th  George  III.,  in  Laws  of  New  York,  Van  Schaack's  ed.  IGQl-l'ZYS, 
pp.  "796,  797. 


1773.]  COOfTY   FAIRS.  193 

appointed.  At  eacli  fair,  an  officer,  styled  a  Governor,  had 
supreme  control,  and  was  empowered  to  "  commissionate " 
rulers  of  the  fair,  who  were  "  to  hold  Courts  of  Pypowder,"  in 
tlie  manner  in  which  they  were  conducted  in  England.*  In 
accordance  with  these  regulations,  an  act  was  passed  on  the  Sth 
of  March,  1773,  "  respecting  fairs  in  the  counties  of  Albany, 
Cumberland,  and  Tryon."  In  making  provision  for  the  second 
named  county,  two  fairs  were  appointed  to  be  holden  annually 
at  Westminster ;  the  first  from  the  first  Wednesday  in  June 
until  the  evening  of  the  Friday  next  ensuing,  and  the  second, 
for  the  same  period,  from  the  first  Wednesday  in  September. 
All  the  rules  and  usages  which  had  obtained  under  the  old  act, 
were  applied  with  full  force  by  the  new  act  to  the  regulation  of 
the  fairs  in  the  county  of  Cumberland.f 

A  question  having  arisen  as  to  the  remuneration  which  the 
members  from  Cumberland  were  to  receive  for  their  services, 
an  act  was  passed  on  the  8th  of  Maroli  by  which  the  sum  of 
twelve  shillings,  current  money,  was  allotted  to  each  of  them 
for  every  day's  attendance  on  the  Assembly.  Ten  days  was 
apportioned  to  each  at  the  beginning,  and  the  same  number  of 
days  at  the  close  of  the  session,  to  be  used  in  going  to  and 
returning  from  the  Assembly,  and  for  the  time  thus  consumed, 
regular  attendance  fees  were  allowed.  The  county  treasurer 
was  ordered  to  pay  the  representatives  their  wages  on  a  warrant 
from  the  supervisors,  and  the  sum  thus  expended  was  to  be 
assessed  as  other  charges,  and  collected  within  ten  days  after 
the  assessment. 

On  the  29th  of  November,  1745,  an  act  had  been  passed  to 
prevent  damages  by  swine  in  Dutchess  county,  Cumberland 
being  in  want  of  similar  protection,  this  act  was  extended  to 
that  county  on  the  Sth  of  March,  1773,  and  was  declared  to  be 
in  force  until  the  1st  of  January,  1775.:}: 

•  The  word  Piepoudre,  Piepowder,  or  Pypowder,  is  derived  from  the  French 
pied,  foot,  and  potidreux,  dusty,  from  pouSre,  dust;  or pied-puldreaux,  a  peddler. 
Piepowder  courts  were  granted  at  fairs  in  England,  for  the  purpose  of  investigating 
all  manner  of  causes  arising  and  disorders  committed  upon  the  place,  and  were  so 
called  either  "  because  justice  was  done  to  any  injured  person  before  the  dust  of 
the  fair  was  off  his  feet,"  or  because  the  principal  disputes  determined  were  be- 
tween those  who  resorted  to  the  fairs,  and  the  alien  merchants  or  peddlers  who 
generally  attended  on  such  occasions.     Brand's  Popular  Antiquities,  ii  468. 

f  Act  of  4th  William  and  Mary,  and  act  of  13th  George  III.,  in  Laws  of  New 
York,  Van  Schaack's  ed.,  1691-1773,  pp.  11-14,  802. 

^  The  act  of  November  29th,  1745,  referring  to  Dutchess  county,  was  again 

13 


194  HISTORY    OF   EASTERN   VERMONT.  [1774. 

At  tlie  session  of  the  Legislature,  for  the  year  1774,  only  one 
act  was  passed  in  which  especial  reference  was  had  to  Cumber- 
land county.  This  act,  passed  on  the  9th  of  March,  had  for  its 
object,  the  revision  of  the  laws  concerning  "  common  and  pub- 
He  highways,"  and  the  facilitation  of  the  business  of  "  raising 
the  county  charges."  By  its  provisions,  all  disputes  which 
might  arise  as  to  the  "  place  proper  for  making  a  road,"  were 
to  be  determined  by  commissioners  appointed  by  the  court  of 
General  Sessions,  who  were  to  be  paid  by  the  towns  interested. 
Tlie  road  which  they  might  lay  out,  was  to  be  worked  as  were 
other  roads.  Owing  to  the  importance  of  Westminster,  as  the 
county  town,  particular  care  was  taken  that  the  approaches  to 
it  should  be  kept  in  good  condition.  Its  inhabitants  who  were 
freeholders  and  who  lived  on  the  "  town  street,"  or  who  owned 
lands  bordering  thereon,  were  each  of  them  ordered  to  work 
three  days  during  the  year  1774,  "  in  clearing,  opening,  and  re- 
pairing the  said  town  street,  to  the  breadth  of  ten  rods."  This 
service  was  to  be  deducted  from  the  amount  of  general  road 
labor,  which  each  was  required  to  perform.  As  to  the  classes 
of  persons  bound  to  or  excused  from  labor,  by  the  general  road 
law,  it  was  enacted,  that  every  laborer  or  tradesman  who  was 
not  a  freeholder  or  housekeeper,  should  be  obliged  to  work  only 
three  days  in  each  year  on  the  highways,  and  all  indented  ser 
vants  living  vrith  and  laboring  for  their  masters,  and  young  men 
living  with  and  laboring  for  their  parents,  and  not  freeholders, 
were  wholly  excused  from  road  va)rk  on  their  own  account. 
Freeholders  were  compelled  to  keep  the  roads  in  repair,  and 
eight  hours  of  labor  in  that  service,  was  deemed  a  day's  work. 

A  short  time  before,  a  road  had  been  laid  out  through  the 
townships  of  Brattleborough,  New  Marlborough,  Whiting,  and 
Draper,  in  Ciimberiand  county,  and  through  the  townships  of 
Beadesborough,  New  Stamford,  and  Pownal,  in  Albany  county. 
As  this  road  was  calculated  to  facilitate  the  transportation  of 
produce  to  market,  and  raise  the  value  of  land,  the  freeholders 
residing  in  the  townships  through  which  it  passed,  were  ordered 
to  work  on  it  three  days  in  each  year,  thenceforward.  Samuel 
Anderson  of  Albany  county,  and  John  Houghton  and  Malachi 
Church  of  Brattleborough,  were  aj^pointed  commissioners  to  in- 

revived  on  the  1st  of  April,  1775,  to  be  continued  until  January  let,  1790,  and 
was,  as  before,  extended  to  Cumberland  county.  Act  of  loth  George  IIT.  in  New 
York  Colony  Laws,  1774,  1775,  p.  127.  See  also  act  of  19th  George  II.,  and  of 
13th  George  III.,  in  Laws  of  N.  Y.,  Van  Schaack's  ed.,  1691-1773,  pp.  266,  803. 


1774.]         LAST   SESSION   OF  THE   COLO^^AL   LEGISLATURE.  195 

spect  the  road  and  alter  its  course,  if  they  should  think  best, 
and  were  allowed  eight  shillings  per  diem  for  their  services. 

To  fticilitate  the  raising  of  county  charges,  the  justices  of  the 
peace,  in  case  any  township  or  district  should  neglect  to  choose 
a  supervisor,  assessors,  or  collectors,  "  at  the  proper  time,"  were 
authorized  to  nominate,  at  the  next  court  session,  the  officers  so 
neglected  to  be  chosen,  who  were  obliged  to  serve  under  a 
penalty  of  ten  pounds.  This  penalty,  if  incurred,  was  to  be  sued 
for  by  the  county  treasurer,  as  were  also  moneys  detained  by 
the  collectors  against  the  will  of  the  sheriff.  The  second  Tues- 
day  in  June  was  fixed  upon  as  the  day  on  which  the  supervisors 
were  to  hold  their  annual  meeting  at  Westminster.  The  laws 
passed  by  the  ISTew  York  Legislature  for  the  benefit  of  Cumber- 
land county,  although  wisely  planned,  were  not  readily  execut- 
ed. Where  a  direct  and  palpable  benefit  was  to  ensue  from 
their  observance,  they  were  obeyed  ;  but  when  any  one  chose  to 
break  them,  his  disobedience  was  but  little  regarded,  and  was 
still  more  rarely  punished.* 

The  last  session  of  the  Colonial  Legislature  of  New  York,  held 
in  the  early  part  of  the  year  1775,  was  noted  for  the  amount  of 
business  which  was  transacted  and  the  large  number  of  bills 
which  were  passed.  Of  the  latter,  only  two  related  to  Cumber- 
land county,  and  of  these,  that  by  which  the  weetern  bounds  of 
the  county  were  changed,  has  been  already  noticed.f  The 
other  bill,  enacted  on  the  1st  of  April,  had  for  its  object,  the  pre- 
vention of  the  trial  of  causes  in  taverns,  by  justipes  of  the  peace. 
In  accordance  with  an  estabhshed  law  of  the  colony,  justices  of 
the  peace  were  allowed  to  hold  a  court  for  the  trial  of  causes 
to  the  value  of  five  pounds  and  under.  Li  Cumberland  coun- 
ty, it  had  come  to  be  the  fashion  for  justices  to  hold  their  courts 
in  taverns,  "to  the  great  prejudice  of  the  suitors,  and  damage 
of  the  inhabitants."  To  prevent  this  abuse,  justices  who  should 
be  guilty  of  it  after  the  second  Tuesday  in  June  following,  were 

*  Act  of  14th  George  III.,  in  New  York  Colony  Laws,  1774,  1775,  pp.  51-55. 

\  The  law  referred  to,  was  passed  March  12th,  1772,  and  was  entitled,  "An 
Act  to  empower  Justices  of  the  Peace,  Mayors,  Recorders,  and  Aldermen  to  try 
causes  to  the  value  of  five  pounds,  and  under,  and  for  suspending  an  Act  therein 
mentioned."  Act  of  r2th  George  III.,  in  Laws  of  New  York,  Van  Schaaok's  ed. 
1691-1773,  p.  648. 

The  "Act  therein  mentioned"  was  passed  December  16th,  17S7,  while  George 
Clarke  was  Lieutenant-Governor,  and  was  entitled,  "  An  Act  for  establishing  and 
regulating  Courts,  to  determine  causes  of  Forty  Shillings,  and  under,  in  this  Co- 
lony."—76  eU  pp.  194-196. 


196  HISTORY   OF   EASTERN   VERMONT.  [1774, 

to  forfeit  for  each  offence  ten  pounds,  and  the  proceedings  of  the 
court  held  in  disobedience  to  this  order,  were  declared  null  and 
void.  Forfeitures  in  such  cases,  were  to  be  sued  for  and  reco- 
vered, with  costs  of  suit,  by  a  qui  tarn  action  in  any  court  of 
record  in  the  colony,  one  half  of  the  sum  to  be  allowed  the  pro- 
secutor for  his  trouble,  the  other  half  to  be  aj)propriated  to  the 
support  of  the  poor  in  the  township  or  district  where  the  offence 
was  committed.* 

On  the  3d  of  April,  two  days  after  the  passage  of  this  act, 
the  Colonial  Assembly  of  New  York  adjourned,  never  to  meet 
again.  The  feehngs  of  hatred  towards  Great  Britain,  which 
had  originated,  in  part,  in  the  extension  of  the  stamp  laws  to 
the  colonies  ten  years  previous,  had  in  the  mean  time  been 
increasing  in  force,  and  now,  as  then,  found  their  exponent 
in  the  conduct  of  the  "  Sons  of  Liberty."  Long  had  these 
determined  men  waited  for  the  time  when  they  should  be  able 
to  demand  of  Great  Britain  the  free  exercise  of  those  rights 
which  had  been  guaranteed  to  them  as  her  subjects.  That 
time  had  now  come,  and  they  were  not  unprepared  to  improve 
the  opportunities  which  it  offered. 

Among  the  most  prominent  actors  in  the  ante-revolutionarj'" 
history  of  New  York,  was  Isaac  Low.  Early  in  the  year  1774, 
a  committee  of  correspondence  had  been  formed  in  the  city  of 
New  York,  for  the  purpose  of  ascertaining  the  feelings  of  the 
inliabitants  of  the  province  in  regard  to  the  usurpations  of  the 
mother  country.  As  chairman  of  this  committee.  Low  had 
written  to  the  supervisors  of  Cimiberland  county,  on  the  21st 
of  May,  in  that  year,  for  information  as  to  the  measures  which 
the  majority  of  the  people  in  that  part  of  New  York  would  be 
likely  to  adopt  in  the  present  crisis.  At  their  meeting  in  June, 
no  action  was  taken  upon  his  letter  by  the  supervisors,  and, 
either  "  through  ignorance  or  intention,"  they  endeavored  to 
keep  the  knowledge  of  the  existence  of  such  a  document  from 
the  people,  Tlie  secret,  nevertheless,  was  whispered  abroad, 
and  having  become  known  to  Dr.  Reuben  Jones  of  Rocking- 
ham, and  Capt,  Azariah  "Wright  of  Westminster,  was  commu- 
nicated by  them  to  the  towns  in  which  they  lived.  Meetings 
were,  in.  consequence,  called  in  those  towns,  and  a  committee 
from  each  was  aj^pointed  to  wait  on  the  supervisors  at  their 
meeting  in  September,  to  see  if  they  had  in  their  possession 

*  Act  of  15th  George  III.,  in  New  York  Colony  Laws,  1774,  1775,  p.  128, 


1774.]  CALL  FOB  A  CONVENTION.  197 

any  papers  which  shoiild  have  been  laid  before  the  people  of 
the  county.  When  that,  which  had  been  a  suspicion,  proved  to 
be  a  fact,  the  supervisors  made  many  excuses  for  their  conduct. 
Some  pleaded  ignorance,  "  some  one  thing,  and  some  another." 
But  "  the  most  of  them,"  says  Dr.  Jones,  in  his  account  of  the 
aifair,  "  did  seem  to  think  that  they  could  send  a  return  to  the 
committee  at  New  York,  without  ever  laying  it  before  their 
constituents ;  which  principle,  at  this  day,  so  much  prevails, 
that  it  is  the  undoing  of  the  people."  "  Men,  at  this  day," 
adds  the  philosophic  chronicler,  "  are  so  tainted  with  the  princi- 
ples of  tyranny,  that  they  would  fain  believe  that,  as  they  are 
chosen  by  the  people  to  any  kind  of  office,  for  any  particular 
thing,  they  have  the  sole  power  of  that  people  by  whom  they 
are  chosen,  and  can  act  in  the  name  of  that  people  in  any 
matter  or  thing,  though  it  is  not  in  any  connection  with  what 
they  were  chosen  for."* 

A  resolution  was  now  formed  that  no  answer  should  be 
returned  to  Low's  letter,  until  it  had  been  laid  before  every 
town  in  the  county.  Li  accordance  with  this  determination, 
the  people  in  each  town  were  invited  to  send  delegates  to  a 
convention  to  be  holden  at  Westminster  on  the  19tli  of  October 
following.  When  the  call  was  received  at  Chester,  four  of  the 
inhabitants,  by  a  written  application,  dated  October  3d,  re- 
quested Col.  Thomas  Chandler,  the  town  clerk,  to  call  a  town 
meeting,  that  it  might  be  known  by  a  public  expression  whether 
the  people  were  willing  "  to  choose  a  com'^  to  make  report  to 
y®  com*®  of  Correspondence,"  whether  they  would  "  stand  for 
the  privileges  of  North  America  ;"  whether  they  were  content 
"  to  receive  the  late  acts  of  Parliament  as  Just,"  or  would 
"view  them  as  unjust,  oppressive,  and  unconstitutional."  A 
meeting  was  accordingly  held  on  the  10th  of  October.  Col. 
Chandler  was  chosen  moderator,  and  a  committee  of  five  were 
directed  to  join  the  county  committee  for  the  purpose  of  pre- 
paring a  report  for  the  committee  of  correspondence  in  the  city 
of  New  York.  Not  content  with  lending  their  aid  to  effect 
those  changes  in  behalf  of  which  many  were  soon  to  suffer,  they 
resolved  in  the  most  patriotic  manner,  and  in  language  whose 
meaning  was  unmistakable,  "  that  the'  People  of  America 
are  Naturally  Intituled  to  all  the  Priviledges  of  Free  Borne 
Subjects  of  Great  Britain,  which  Priviledges  they  have  Never 

•  Slade's  Vt.  State  Papers,  p.  56. 


198  HISTOEY   OF   EASTERN   VERMONT.  [1774. 

forfeited" ;  that  Evft-y  Man's  Estate,  Honestly  acquired,  is  Ms 
own,  and  no  person  on  Eartli  lias  a  Right  to  take  it  away  with- 
out the  Proprietor's  Consent,  unless  he  forfeit  it  by  some  crime 
of  his  committing;  that  all  acts  of  the  British  Parliament, 
Tending  to  take  away  or  abridge  these  Rights,  ought  not  to  be 
obeyed ;  that  the  People  of  this  Town  will  j  oyn  with  their 
Fellow  American  Subjects  in  opposing  in  all  Lawfull  ways 
every  incroachment  on  their  Natural  Rights."  Thus  spoke  the 
people  of  Chester.  In  capital  letters  and  in  syllables  strength- 
ened by  heavy  gutturals,  they  spoke,  but  their  language  wais  not 
the  "  great  swelling  words  of  vanity."  Every  sound  contained 
a  meaning,  and  every  meaning  seemed  to  look  forward  to  a 
development  of  itself  in  action.  Similar  meetings  were  held  in 
other  places  with  similar  results.* 

On  the  19th  of  October,  eighteen  delegates  from  twelve 
towns,  met  in  convention  at  the  "  County  Hall"  in  Westminster. 
The  session  lasted  two  days.  Col.  John  Hazeltine  of  Towns- 
hend,  was  chosen  chairman,  and  the  meeting  having  been  pro- 
perly organized,  the  letter  of  Isaac  Low,  the  act  of  the  British 
Parliament  by  which  a  duty  had  been  levied  on  tea  for  the 
purpose  of  raising  a  revenue  in  America,  the  Boston  port  bill, 
and  several  arbitrary  declarations  of  the  English  government, 
were  read  in  the  hearing  of  the  people.  These  papers  were 
referred  to  a  committee  consisting  of  John  Grout,  of  Chester ; 
Joshua  Webb,  of  Westminster ;  Paul  Spooner,  of  Hertford ; 
Edward  Harris,  of  Halifax ;  and  Major  William  Williams,  of 
Marlborough.  In  the  report  which  they  submitted  on  the  fol- 
lowing day,  they  briefly  reviewed  the  sufferings  which  they 
had  endured  as  pioneers  in  the  settlement  of  a  new  country, 
and  the  hardships  they  had  encountered  in  "  subduing  the 
wilderness,  and  converting  it  into  fruitful  fields."  They 
expressed  the  greatest  surprise  that  Americans  should,  by  the 
late  acts  of  Parliament,  have  been  deprived  "  of  that  great 
right  of  calling  that  their  own,"  which  they  by  their  industry 
had  honestly  acquired ;  that  the  King  and  Parliament  should 
dare  to  say  with  impunity  they  had  "  a  right  to  bind  the 
colonies  in  all  cases  whatsoever,"  and  that  they  should  "  attempt 
to  exercise  that  authority,  by  taking,  at  their  pleasure,  the  pro- 
perties of  the  King's  American  subjects  without  their  consent." 
"  He  who  has  nothing" — this  was  the  argument  of  these  liberty- 

*  MS.  records  of  the  town  of  Chester. 


1774.]  RESOLUTIONS   PASSED.  199 

loving  men,  %vho,  regardful  of  the  course  •u'liicli  England  had 
pursued  towards  her  colonies,  looked  forward  with  dread 
apprehensions  to  the  future — "  he  who  has  nothing  but  what 
another  has  power  at  pleasure  lawfully  to  take  away  from  him, 
has  nothing  that  he  can  call  liis  own,  and  is,  in  the  fullest  sense 
of  the  word,  a  slave — a  slave  to  him  who  has  such  ]30wer ;  and 
as  no  part  of  British  America  stipulated  to  settle  as  slaves,  the 
privileges  of  British  subjects  are  their  privileges,  and  whoever 
endeavours  to  deprive  them  of  theii*  privileges  is  guilty  of 
ti'eason  against  the  Americans,  as  well  as  the  British  constitu- 
tion." 

In  view  of  these  sentiments,  they  resolved  "  that  as  true  and 
loyal  subjects  of  our  gracious  sovereign.  King  George  the 
Third  of  Great  Britain,  &c.,  we  will  spend  our  lives  and 
fortunes  in  his  service ;  that  as  we  will  defend  our  King  while 
he  reigns  over  us,  his  subjects,  and  wish  his  reign  may  be  long 
and  glorious,  so  we  will  defend  our  just  rights,  as  British  sub- 
jects, against  every  power  that  shall  attempt  to  deprive  us  of 
them,  while  breath  is  in  our  nostrils,  and  blood  in  our  veins; 
that  considering  the  late  acts  of  the  British  Parliament,  for 
blocking  up  the  port  of  Boston,  &c.,  which  vre  view  as  arbitrary 
and  unjust,  inasmuch  as  the  Parliament  have  sentenced  them 
unheard,  and  dispensed  with  all  the  modes  of  law  and  justice 
which  we  think  necessary  to  distinguish  between  lawfully 
obtaining  right  for  property  injured,  and  arbitrarily  enforcing 
to  comply  with  their  will,  be  it  right  or  wrong,  we  resolve  to 
assist  the  people  of  Boston  in  defence  of  their  liberties  to  the 
utmost  of  our  abilities."  In  the  next  resolution  they  announced 
in  the  most  explicit  terms  the  rules  by  which  their  own  conduct 
should  be  governed  in  circumstances  in  which  they  might  be 
nearly  concerned.  "  Sensible,"  said  they,  "  that  the  strength 
of  our  opposition  to  the  late  acts  consists  in  a  uniform,  manly, 
steady,  and  determined  mode  of  procedure,  we  will  bear  tes- 
timony against,  and  discourage  all  riotous,  tumultuous,  and 
unnecessary  mobs  which  tend  to  injure  the  persons  or  properties 
of  harmless  individuals ;  but  endeavour  to  treat  those  ^^ersons 
whose  abominable  principles  and  actions  show  them  to  be 
enemies  to  American  liberty,  as  loathsome  animals  not  fit  to 
be  touched  or  to  have  any  society  or  connection  with." 

Agreeable  to  the  suggestions  contained  in  Low's  letter,  a 
committee  composed  of  Joshua  "Webb,  John  Grout,  William 
"Williams,  Deacon  John  Sessions  of  "Westminster,  and  Capt. 


200  HISTOET   OF   EASTERN   VERMONT.  [1774. 

Joab  Hoisington  of  "Windsor,  were  chosen  to  communicate 
with  other  committees  of  correspondence  in  the  province  and 
elsewhere.  Thanks  were  returned  to  the  committee  in  New 
York  citj  for  the  notice  they  had  taken  of  the  "  infant  county," 
and  the  chairman  was  directed  to  forward  the  resolutions  of  the 
convention  to  Isaac  Low,  and  inform  him  why  his  letter  to  the 
supervisors  had  not  met  with  an  earlier  ansAver.  Tlie  con- 
vention also  acknowledged  their  obligations  to  John  Hazeltine, 
"for  his  good  services  as  chairman."  This  report  was  read, 
paragraph  by  paragraph,  and  was  adopted  unanimously.  Al- 
though there  is  no  record  to  that  eifect,  yet  power  seems  to 
have  been  given  to  the  chairman  to  convoke  another  convention 
whenever  the  good  of  the  county  might  seem  to  demand  it.* 

The  town  of  Dummerston  numbered  among  its  inhabitants 
some  who  were  unfriendly  to  the  jurisdiction  of  'New  York, 
and  who  regarded  the  order  of  the  King  in  Council,  by  which 
Connecticut  river  was  declared  the  eastern  boundary  of  that 
province,  as  especially  tyrannical.  Such  were  pre-eminently 
the  views  of  Solomon  Harvey,  the  physician  and  clerk  of  this 
patriotic  village,  and  the  records  which  he  kept,  in  virtue  of  the 
latter  office,  exhibit  on  almost  every  page,  traces  of  his  peculiar 
disposition.  Tlie  dislike  which  he,  in  common  with  others, 
entertained  towards  the  government  of  New  York,  had  no 
doubt  been  increased  by  the  aristocratic  bearing  of  some  of 
the   county   officials   who  held   their   appointments  from   the 

*  American  Archives,  Fourth  Series,  ITVS,  vol.  ii.  cols.  1064—1066.  The  proceed- 
ings of  this  convention — the  first  held  within  the  limits  of  the  present  state  of 
Vermont  for  the  purpose  of  opposing  the  tyrannous  measures  of  Great  Britain — 
were  not  made  public  imtil  the  middle  of  the  year  following.  Meantime,  the 
Congress  of  the  United  Colonics  had  been  organized,  and  a  report  had  got  abroad 
charging  the  people  of  Cumberland  countj'^  with  being  unfriendly  to  its  measures. 
On  the  23d  of  June,  1*775,  some  person  in  New  York  city — probably  John 
Hazeltine,  for  he  had  arrived  there  as  a  member  of  the  New  York  Provincial 
Congress  two  days  previous — addressed  a  note  to  John  Holt,  the  editor  of  the 
New  York  Journal,  couched  in  these  words :  "  The  County  of  Cumberland  in 
this  Province,  having  been  represented  as  inimical  to  the  proceedings  of  the 
late  Continental  Congress  at  Philadelphia,  and  to  the  several  Provincial  Congresses 
since  held  in  the  respective  British  Colonies  in  America  in  defence  of  their  just 
rights  and  freedom ;  you  are  desired  to  publish  in  the  New  York  Journal  the 
following  Proceedings  and  Resolutions  of  a  General  Committee,  consisting  of  the 
Committees  of  a  number  of  Towns,  by  which  the  whole  County  was  well 
represented  at  a  meeting  in  October  last.  The  long  delay  of  the  publication  was 
occasioned  by  some  unfair  practices  of  a  small  but  mischievous  party,  together 
with  the  remote  situation  of  the  County  from  the  City  of  New  York."  Holt 
complied  with  the  request  of  his  correspondent,  and  the  opinions  of  the  people 
of  Cumberland  county  were  presented  in  their  true  light. 


1774.]         EXTRACT   FKOM   THE   EECOKDS   OF   DUMMEKSTON.  201 

Colonial  Legislature ;  and  the  abuse  of  power  which  these  men 
sometimes  exhibited  in  their  functionaiy  character,  was  used  as 
an  argument  against  those  from  whom  they  had  received  their 
authority.  At  a  town  meeting  held  at  Dummerston  on  the 
17th  of  May,  1774,  the  people  omitted  to  choose  town  trustees. 
"  Should  this  Excite  any  Speculation,"  says  Harvey,  who  entered 
an  account  of  the  event  on  the  town  records,  several  years  after 
its  occurrence,  "  it  may  be  remembered  that  the  Government 
of  iJ^ew  York,  has.  Ever  Since  July  y^  4th  Anno  1764,'^  Exer- 
cised an  unpresidented  system  of  tyrany  over  all  that  teritory 
Since  Called  State  of  Vermont,  and  did  in  almost  ISTumberless 
instances  So  Cruelly  Harrass  and  pillage  the  poor  ISTew  Settlers 
in  this  intolerably  inhospitable  wilderness,  as  rendered  their 
hard  Erned  pittances  Scarce  worth  Enjoying,  and  all  under  the 
Sacred  and  auspecious  JSTame  of  administring  justice." 

Having  with  these  words  aroused  the  recollection  of  his 
readers,  the  eloquent  clerk  proceeds  to  unfold  to  them  the 
reasons  which  led  the  people  of  the  town  to  postpone  the 
election  of  trustees.  "  Governor  Tryon  &  his  imps,  and  the 
minions  of  the  British  tyrant  (George  the  third),"  these  are  his 
glowing  words :  "  had  by  their  Hell-invented  policy,  their  plans. 
Commissions,  and  other  artful  insinuations,  Extended  their  in- 
fluence into  Every  Kew  plantation,  over  which  they  tyranized  ; 
and  had  not  failed  Even  to  have  Some  in  their  interest  in  this 
town,  who  by  art  and  insinuation,  overpersuaded  the  honest 
people  of  this  town  to  Omit  Chusing  trustees  for  the  year, 
alledging  that  they  had  no  right  to  it  by  virtue  of  any  Law  of 
the  government,  notwithstanding  the  provision  made  and  pro- 
vided in  such  Cases,  and  the  Special  injunction  to  all  incorpo- 
rated Societies  to  Comply  with  it."  The  people  having 
discovered  the  imposition  which  had  been  practised  upon  them, 
and  fearful  that  some  of  the  higher  dignitaries  of  the  county 
would  "  appoint  some  of  their  emissaries  to  supjDly  the  j)lace  of 
trustees,"  caused  another  meeting  to  be  notified,  and  avoided 
the  mischief  which  had  been  intended  for  them  by  choosing  for 
themselves  the  officers  whose  places  had  been  left  vacant  at  the 
regular  election.f 

Fully  on  then*,  guard,  and  ready  to  treat  as  tyrants  those  who 

*  The  order  in  Council  which  declared  Connecticut  river  to  be  the  eastern 
boundary  of  New  York,  was  passed  on  the  20th  of  July,  1764.  It  is  to  this  date 
that  Harvey  probably  intended  to  refer. 

\  MS  records  of  the  town  of  Dummerston,  i.  1 5-1*7. 


202  HISTOKY    OF   EASTERN    VERMONT.  [1774. 

should  endeavor  to  deprive  them  of  any  of  their  privileges, 
they  afterwards  sent  delegates  to  the  Westminster  convention, 
and  were  among  the  foremost  in  advancing  the  objects  for 
which  it  had  been  convoked.  Kor  was  it  long  before  they  had 
an  opportunity  to  carry  into  action  the  spirit  which  they  had 
evinced  in  words.  An  event  occurred  in  their  own  rock-ribbed 
village,  which  allowed  full  scope  to  their  patriotism,  and  ended 
in  confirming  the  jealous  watchfulness  with  which  they  had 
resolved  to  guard  their  rights.  The  warm-blooded  Dr.  Harvey, 
the  "  village  Hampden"  of  Dummerston,  who,  judged  by  his 
zeal  and  com-age,  seems  to  have  possessed 

"  Hands,  that  the  rod  of  empire  might  have  sway'd," 

was  the  leader  on  this  occasion.  He  has  shown,  in  his  narrative 
records,  how  the  insolence  of  Britain  was  checked  by  the  valor 
of  himself  and  of  his  compeers,  and  it  is  but  right  that  he 
should  tell  the  story  in  his  own  quaint  and  energetic  mode. 

"  On  the  28th  of  October,  A.  Dom.  1774,  Lieut.  Leonard 
Spaulding  of  the  town  of  Fullham  alias  Dummerston,  was  Com- 
mitted to  the  Common  gaol  for  high  treason  against  the  British 
tyrant  George  the  third,''^  by  the  direction  of  the  infamous 
Crean  Brush,  his  attorney,  &  Noah  Sabin,  William  Willard, 
&  Ephraim  Kanney  Esqrs.,  and  Wm.  Paterson  the  high 
Shreeve,  and  Benja.  Gorton,  and  the  infamous  Bildad  Easton, 
and  his  Deputiesf ;  upon  which,  on  the  following   day,  viz. 

*  "  P.  S.  Mr.  Spaulding's  pretended  Crime  was,  that  he  threw  out  some  words 
unfavourable  to  the  British  tyrant  relating  to  the  Quebec  Bill  by  which  he  is 
made  Pope  of  that  government." — MS.  Dummerston.  records,  i.  20. 

The  cause  of  Lieutenant  Spaulding's  confinement,  is  more  fully  given  in  the 
annexed  extract.  "  One  man  they  put  into  close  prison  for  high  treason ;  and  all 
that  they  proved  against  him,  was,  that  he  said  if  the  king  had  signed  the  Quebec 
bill,  it  was  his  opinion  that  he  had  broke  his  coronation-oath.  But  the  good 
people  went  and  opened  the  prison  door  and  let  him  go,  and  did  no  violence  to 
any  man's  person  or  property." — Slade's  Vt.  State  Papers,  p.  56. 

By  the  provisions  of  the  Quebec  bill,  as  it  was  called,  the  Roman  Catholic 
religion,  instead  of  being  tolerated  in  Quebec,  as  stipulated  by  the  treaty  of  peace, 
was  established.  By  the  same  act  the  people  of  the  province  were  deprived  of  the 
right  to  an  Assembly.  Trial  by  jury,  and  the  English  laws,  in  civil  cases,  were 
abolished.  In  the  place  of  the  latter  laws,  the  laws  of  France  were  established,  in 
direct  violation  of  his  Majesty's  promise  in  his  royal  proclamation.  See  Journals 
Am.  Cong.  i.  37. 

\  Jacob  Laughton  of  Dummerston  who  was  born  in  Rutland,  Massachusetts, 
September  10,  1760,  and  who  was  contemporary  with  Dr.  Harvey,  remarked  to 
tlie  author,  in  a  conversation  which  took  place  in  December  1851,  that  "  Lieut 
Spaulding  was  a  resolute  man,"  and  that  "  it  took  three  or  four  '  Yorkers'  to 
conquer  him  when  he  was  committed  to  the  jail  at  Westminster." 


1774.]        EXTRACT   FEOM   THE   RECORDS    OF  DUMMERSTON.  203 

October  the  29tli,  a  majority  of  the  inhabitants  met  near  the 
honse  of  Charles  Davenport  on  the  green,  and  made  Choice  of 
Sundry  persons  to  Serve  as  a  Committee  of  Correspondancy  to 
joyne  with  other  towns  or  respectable  bodies  of  peopel,  the 
better  to  secure  and  protect  the  rights  and  priveledges  of  them- 
selves and  fellow-cretures  from  the  raveges  and  imbarassments 
of  the  British  tyrant,  &  his  New  York  and  other  imme- 
saries. 

"  Tlie  persons  made  choice  of,  were  these,  viz.,  Solomon- 
Harvey,  John  Butler,  Jonathan  Knight,  Josiali  Boyden  & 
Daniel  Gates,  by  whose  vigilence  &  activity  Mr.  Spaulding 
was  released  from  his  Confinement  after  about  eleven  days  :  the 
Committee  finding  it  I^ecessary  to  be  assisted  by  a  Large  Con- 
course of  their  freeborn  JSTeighbours  and  bretherin,  Consisting  of 
the  inhabitants  of  Dummerston,  Putney,  Guilford,  Halifax  and 
Draper,  who  discovered  a  patriotic  Zeal  &  true  heroic  for- 
titude on  the  important  occation.  The  plain  truth  is,  that  the 
brave  sons  of  freedom  whose  patience  was  worn  out  Avitli  the 
inhuman  insults  of  the  imps  of  power,  grew  quite  sick  of  diving 
after  redress  in  a  Legal  way,  &  finding  that  the  Law  was  only 
made  use  of  for  the  Emolument  of  its  Cretures  &  the  im- 
misaries  of  the  British  tyrant,  resolved  upon  an  Easyer  Method, 
and  accordingly  Opned  the  goal  without  Key  or  Lock-picker,  and 
after  Congratulating  Mr.  Spaulding  upon  the  recovery  of  his 
freedom,  Dispersed  Every  man  in  pease  to  his  respective  home 
or  place  of  abode.  The  afi:brgoing  is  a  true  and  short  relation 
of  that  Wicked  affair  of  the  New  York,  Cut  tlu-oatly,  Jacobitish, 
High  Church,  Toretical  minions  of  George  the  third,  the  pope 
of  Canada  &  tyrant  of  Britain."  Such  is  the  graphic  and 
impartial  narrative  of  one  who  was  the  chronicler  of  events  in 
which  he  bore  an  important  part.  Comment  is  umieces- 
8ary.* 

While  the  people  of  Cumberland  county  were  thus  engaged 
in  endeavoring  to  pluck  off  the  leaves  from  the  tree  of  despotism, 
the  representatives  of  the  different  Colonies,  assembled  in  Con- 
gress at  Philadelj)liia,  were  dealing  vigorous  blows  at  its 
trunk. 

Tlie  adoption  by  Congress  of  the  "  non-importation,  non-con- 
sumption, and  non-exportation  association"  on  the  20th  of  Oc- 
tober, was  hailed  with  a  joy,  which,  though  not  universal  even 

*  MS.  records  of  the  town  of  Dummerston,  L  18-20. 


204  HISTOKT    OF   EASTERN   VERMONT.  [17Y4. 

among  the  lovers  of  liberty,  was  significant  of  the  feelings  of  the 
mass  of  society.  By  the  advice  of  some  of  the  leading  men  in 
Cumberland  county,  John  Hazeltine,  on  the  13th  of  November, 
assumed  the  responsibility  of  issuing  circulars  to  the  different 
towns,  notifying  a  second  convention  to  be  held  at  "Westminster, 
and  inviting  the  attendance  of  delegates.  At  a  meeting  which 
was  held  at  Chester,  on  the  28th  of  November,  in  accordance 
with  this  call,  two  delegates  were  chosen  to  represent  that  town 
•at  Westminster.  They  were  instructed  to  "  use  their  best  en- 
deavors" to  procure  from  the  convention,  a  vote  of  thanks  to 
the  Continental  Congress  "  for  their  good  services,"  and  an  assur- 
rance  that  the  people  of  the  county  would  "  fully  comply  with 
their  advice  and  resolutions."  They  were  also  directed  to  exert 
their  influence  to  obtain  the  passage  of  certain  instructions  to 
Samuel  Wells  and  Crean  Brush,  their  representatives  in  the 
New  York  Legislature.  Of  these  instructions,  the  chief  was, 
that  their  representatives  should  exert  "  their  best  skill  and  wis- 
dom" to  choose  deputies  to  attend  the  Congress  of  the  Colonies, 
to  be  held  at  Philadelphia  in  the  following  May,  unless  the 
grievances  universally  complained  of  should  be  redressed  before 
that  time.  On  the  same  day,  a  similar  meeting  with  similar  re- 
sults was  held  in  Dummerston.  Among  the  votes  passed  on 
that  occasion,  was  one  particularly  significant,  by  which  the  as- 
sessors were  directed  to  "  assess  the  town  in  a  Discretionary  sum 
of  money.  Sufficient  to  procure  100  weight  of  gunpowder,  200 
Weight  of  Lead  &  300  flints,  for  the  town  use."  The  tax  was  to 
be  taken  in  "  potash  salts,"  and  a  committee  was  appointed  to 
receive  that  article. 

At  the  second  convention,  held  at  Westminster,  on  the  30th 
of  November,  "  all  the  resolves  of  the  Continental  Congress" 
which  had  been  passed  a  few  weeks  previous,  were  adopted, 
and  a  promise  was  made  by  which  the  delegates  bound  them- 
selves as  representatives  of  their  constituents  "  religiously  to  ad- 
here to  the  non-importation,  non-consumption,  and  non-exporta- 
tion" association.  An  attempt  was  made  to  form  a  county  com- 
mittee of  inspection,  but  as  this  movement  was  "  much  spoken 
against  by  a  justice  and  an  attorney,"  and  was  "  looked  upon  by 
them  as  a  childish,  impertinent  thing,  the  delegates  dared  not 
choose  one."  Tlie  state  of  the  county  was  then  considered,  as 
were  also  the  inconveniences  to  which  the  inhabitants  were 
subjected  in  collecting  their  dues  in  the  province  of  New  Hamp- 
shire.     As  to  the  general  spirit  of  the  proceedings  of  the  con- 


1Y75.]  COMMITTEES   OF   INSPECTION.  205 

vention,  there  was  no  retrogression  from  the  high  position  which 
had  been  taken  in  the  previous  month.* 

In  one  of  the  articles  of  the  "  non-importation,  non-consumption 
and  non-exportation  association,"  was  a  recommendation  that  a 
committee  should  be  chosen  "  in  every  county,  city  and  town," 
by  those  "  qualified  to  vote  for  representatives  in  the  Legisla- 
ture," whose  business  it  should  be  "  attentively  to  observe  the 
conduct  of  all  persons"  in  regard  to  the  measures  which  had 
been  adopted  by  the  association.  The  advice  conveyed  in  these 
words,  though  rejected  by  the  "Westminster  convention,  was  not 
unheeded  by  the  patriotic  people  of  Dummerston.  The  service 
implied  was  such  as  suited  their  temper.  The  subject  was 
broached  in  town  meeting,  on  the  3d  of  January,  1775,  and  seven 
persons,  with  Dr.  Harvey  at  their  head,  were  chosen  a  "  Com- 
mittee of  inspection"  to  observe  the  "  Conduct  of  the  inliabitants, 
agreeable  to  an  order  or  recommendation  of  the  Right  Honora- 
ble Continental  Congress."  The  authority  with  which  this  com- 
mittee was  vested,  was  by  no  means  negative,  and  their  office 
was  in  no  sense  of  the  word  a  sinecure.  Under  their  inquisito- 
rial sway,  two  of  the  town  assessors  were  removed  from  their 
places,  because  they  had  refused  to  purchase  the  stock  of  am- 
munition which  was  to  be  paid  for  in  "  potash  salts."  From  one 
man  they  took  a  gun,  because  forsooth  they  suspected  it  con- 
tained a  ball  more  friendly  to  the  King  than  to  the  Congress. 
By  their  decision,  another  man  who  had  been  prominent  in  the 
history  of  the  village,  was  declared  unfit  for  office,  and  was  not 
permitted  to  act  in  a  pubHc  station,  until  by  his  conduct  he 
e\dnced  the  spirit  of  a  patriot.  After  the  commencement  of  the 
Revolution,  committees  like  these  were  to  be  found  in  almost 
every  town  throughout  the  ISTew  Hampshire  Grants,  but  the  peo- 
ple of  Dmnmerston  seem  to  have  led  the  way  in  sustaining  in 
Cumberland  county  the  efibrts  of  Congress  to  guard  against  the 
manoauvres  of  inimical  persons.f 

So  favorable  had  been  the  result  of  the  two  "Westminster 
conventions,  that  it  was  thought  best  that  another  convention 
should  be  held  early  in  the  year  1775.  "Warrants  signed  by 
Col.  John  Hazeltine,  were  in  consequence  sent  to  the  difterent 
towns  in  the  county  on  the  30th  of  January,  and  primary  meet- 
ings were  again  convened  for  the  purpose  of  choosing  delegates. 

*  MS.  records  of  the  town  of  Chester,  L  37-40.  MS.  records  of  the  town  of 
Dummerston,  I  28.      Slade's  Vt.  State  Papers,  pp.  55,  56. 

f  Journals  Am.  Cong.  i.  25.      MS.  Dummerston  Records,  vol.  L  passim. 


206  HISTOEY   OF   EASTERN   VERMONT.  [1YY6. 

As  on  former  occasions,  the  to^ms  of  Chester  and  Dummerston 
were  foremost  in  responding  to  the  call.  On  the  Tth  of  Febru- 
ary, delegates  from  twelve  towns  assembled  at  Westminster, 
and  the  convention  was  organized  by  the  choice  of  Col.  John 
Hazeltine  as  chairman,  and  Dr.  Paul  Spooner  as  clerk.  The 
session  lasted  three  days.  A  standing  committee  of  correspond- 
ence, composed  of  persons  from  twenty-one  towns,  was  chosen, 
that  the  county  might  be  kept  well  informed  as  to  the  doings 
of  the  friends  of  liberty  in  the  different  colonies.  Its  members 
were  Joshua  Webb,  Nathaniel  Eobinson,  and  Abijah  Lovejoy, 
of  Westminster ;  Capt.  Samuel  Minott,  of  Putney  ;  Dr.  Solomon 
Harvey,  of  Dummerston ;  Nathaniel  French,  of  Brattleborough  ; 
William  Bullock  and  Hezekiah  Stowell,  of  Guilford;  Lieut. 
Eleazer  Patterson,  of  Hinsdale,  now  Yernon  ;  Edward  Harris, 
of  Halifax ;  Charles  Phelps  and  Capt.  Francis  Whitmore,  of 
Marlborough;  Elijah  Alvord,  of  Draper,  now  Wilmington; 
Samuel  Robertson,  of  Newfane ;  Col.  John  Hazeltine  and 
Samuel  Fletcher,  of  Townshend ;  James  Rogers,  of  Kent,  now 
Londonderry ;  Moses  Gile,  of  Chester ;  Moses  Wright  and 
Jonathan  Burt,  of  Rockingham ;  Simon  Stevens,  of  Spring- 
field ;  Hezekiah  Grout  and  Oliver  Rider,  of  Weathersfield  ; 
Benjamin  Wait,  of  Windsor;  Dr.  Paul  Spooner,  of  Hertford, 
now  Hartland  ;  "  Esquire"  Jonathan  Burk,  of  Hartford ;  Jacob 
Hazeltine,  of  Woodstock;  and  John  Winchester  Dana,  of 
Pomfret.  Col.  Hazeltine  was  chosen  chainnan  of  the  com- 
mitte.  Dr.  Spooner,  Joshua  Webb,  Abijah  Lovejoy,  Dr. 
Harvey,  and  Capt.  Whitmore  were  appointed  to  "serve  as 
monitors  to  the  committee  of  correspondence"  and  were 
directed  to  transmit  all  letters  of  public  importance,  and  con- 
vey all  intelligence  of  general  interest  of  which  they  might 
become  possessed  to  Col.  Hazeltine.  To  avoid  any  misrepre- 
sentation of  the  objects  for  which  the  delegates  had  assembled, 
Charles  Phelps  and  Dr.  Harvey  were  instructed  to  prepare  for 
publication,  such  extracts  from  the  doings  of  the  convention  as 
they  should  deem  advisable,  and  to  add  a  short  account  of  the 
proceedings  which  had  taken  place  at  the  meetings  which  had 
been  previously  held.  Power  was  given  to  the  chairman  to 
call  a  general  meeting  of  the  town  committees  in  cases  of  great 
emergency,  or  on  application  of  the  committees  of  three  towns  ; 
and  he  was  directed  to  notify  a  meeting  M'ithout  delay  when  the 
application  should  proceed  from  the  committees  of  five  towns.* 

*  MS.  Pingry  Papers. 


1775.]  PETITION   TO   THE   LEGISLATURE.  207 

One  of  the  main  objects  for  -which  this  convention  was 
assembled,  was  to  obtain,  if  possible,  from  the  Legislature  of 
New  York,  the  passage  of  such  l-aws  as  would  tend  to  improve 
the  mode  of  administering  justice  in  the  county  courts,  and 
efiect  a  change  in  several  of  the  prehminaries  in  judicial 
proceedings.  A  formal  petition,  drawn  by  Charles  Phelps, 
was  in  consequence  addressed  to  Lieutenant-Governor  Cadwal- 
lader  Golden,  and  probably  received  the  sanction  of  the  con- 
vention before  its  adjournment.  Li  this  document  the  delegates, 
in  behalf  of  their  constituents,  represented  the  "  great  expense 
and  heavy  burdens"  that  had  been  imposed  on  the  county  by 
the  additional  courts  which  had  been  lately  established.  As 
the  result  of  this  change,  they  stated  that  lawsuits  had  increased, 
charges  had  been  multiplied,  and  families  nearly  beggared. 
They  further  declared  that  their  hard-earned  money  had  been 
appropriated  in  fulfilling  the  conditions  of  their  charters,  in 
clearing  their  heavy  timbered  lands,  in  cultivating  their  fields, 
in  supporting  their  "  numerous  and  very  indigent  families,"  and 
in  building  the  court-house  and  jail,  which  had  been  located  at 
"Westminster.  Among  their  other  hardships,  they  mentioned  the 
inconveniences  attending  the  "  calling  oft'  from  their  business" 
of  more  than  seventy  farmers  at  each  of  the  quarterly  sessions  of 
the  court  to  act  as  grand  and  petit  jurors,  for  which  service  they 
did  not  receive  enough  to  defray  their  expenses ;  the  wages 
which  they  were  obliged  to  pay  their  representatives  in  the 
Golonial  Legislature,  and  the  high  fees  charged  by  attorneys  for 
their  work.  These  and  other  inflictions  of  a  similar  nature  the}'' 
pronounced  "  very  burthensome  and  grievous,"  and  stated  that 
unless  they  were  redressed  the  further  settlement  of  the  county 
would  be  greatly  obstructed. 

In  view  of  this  representation,  they  prayed  that  the  number 
of  the  terms  of  the  inferior  court  of  Gonmion  Pleas,  and  of  the 
court  of  General  Sessions  of  the  Peace,  might  be  reduced  to 
two  of  each  annually,  and  further,  that  such  an  arrangement 
might  be  continued  for  seven  years.  They  also  asked  for  the 
reduction  of  the  number  of  grand  and  jDetit  jurors  to  eighteen 
each,  for  each  of  the  court  terms  ;  for  the  lessening  of  the  retain- 
ing fee  taxed  by  the  court  in  bills  of  costs,  to  ten  shillings ;  for 
a  regulation  by  which  all  deeds  and  conveyances  of  lands 
should  for  the  future  be  recorded  in  the  ofiice  of  the  clerk  of 
the  town  in  which  the  lands  might  lie ;  for  the  establishment 
of  a  probate  office  in  the  county ;  for  the  passage  of  an  act  by 


208  HISTORY   OF   EASTEEN   VEKMONT.  [1775. 

which  all  processes  issuing  from  justices  of  the  peace,  under 
"  the  restriction  of  the  five  pound  act,"  should  be  served  by 
constables  and  not  by  the  under  sheriff  or  his  deputies  ;  for  the 
repeal  of  the  law  by  which  such  processes  were  served  by  the 
sheriff,  and  for  the  passage  of  another  act  by  which  grand 
jurors  should  be  paid  for  their  services  from  the  fines  collected 
of  criminals.  Such  were  the  changes  prayed  for  by  the  con- 
vention. Through  some  inadvertence,  those  who  were  charged 
with  the  care  of  the  petition  delayed  so  long  to  send  it  to  the 
Colonial  Legislature,  that  when  they  would  fain  have  retrieved 
their  neglect,  they  found  that  that  body  had  held  its  last  session, 
and  declared  its  final  adjournment.  Another  circumstance  had 
also  occurred  which  rendered  the  contemplated  reforms 
unnecessary.  The  courts  of  Cumberland  county  had  been 
stopped  by  violence,  and  Providence  had  effected  the  desired 
changes  in  a  manner  far  different  from  that  which  had  been 
contemplated  by  man.* 

*  The  petition,  of  which  a  synopsis  is  given  in  the  text,  was  sent  by  Elijah 
Grout  of  Windsor,  to  Samuel  Wells,  Noah  Sabin,  Nathan  Stone,  Benjamin 
Butterfield,  Samuel  Gale,  Samuel  Knight,  and  Jonathan  Stearns,  who,  previous 
to  March  13th,  1*775,  were  the  principal  officers  in  the  courts  of  the  county. 
Grout's  letter  accompanying  the  petition,  was  dated  April  15th,  1775,  and  at  that 
time,  those  whom  he  addressed  had  just  reached  New  York,  after  having  been 
detained  in  prison  nearly  a  month, — Brattleborough  Semi- Weekly  Eagle,  Thurs- 
day, December  6th,  1849. 


CHAPTER  IX. 

THE   "WESTMINSTER  MASSACRE." 

An  Ante-Revolution  Event — "Westminster — The  "Street" — ^The  Old  Meeting- 
house—The Pulpit — The  Sounding-board — The  Powder-hole— The  Whips — 
The  Collection-box — The  Choir — The  Foot-stove — ^The  Burying-ground— The 
Grave  of  William  French — The  Epitaph — Condition  of  the  Colonies  before  the 
Revolution — ^The  Feeling  in  Cumberland  County — ^Distrust  of  the  Courts— Re- 
monstrance with  Judge  Chandler — The  Whigs  aasemble  at  Westminster — ■■ 
Scenes  of  the  Night  of  March  13th — Norton's  Tavern — ^The  Sheriff's  Posse— The 
Attempt  to  enter  the  Court-house — The  "  Massacre" — The  Frolic — The  State- 
ment of  Facts— Couriers — The  Gathering — Appearance  of  the  Court-house — 
Inhuman  Suggestions— Excitement  of  the  Yeomanry — Robert  Cockran — Treat- 
ment of  the  Tories — Sketches  of  the  Liberty-men — William  French — His 
Character — Reminiscences  concerning  him — His  Death — The  Inquest — ^The 
Burial — Daniel  Houghton — Jonathan  Knight — Philip  Safford — Tory  Deposi- 
tions— Weapons  of  the  Whigs — Incidents  connected  with  the  "  Massacre" — 
Joseph  Temple — John  Hooker — John  Arms,  the  Poet — ^The  "Massacre"  in 
Rhyme — Thomas  Chandler,  Jr. — The  Punishment  of  the  Court  Officers — Their 
Imprisomnent — Their  Release — Action  of  the  Legislature  of  New  York — ^Lieu- 
tenant-Governor Colden's  Message — Appropriation  of  £1,000 — Colden  to  Lord 
Dartmouth — The  Influence  of  Massachusetts  Bay  in  producing  the  "  Massacre" 
— What  justifies  an  Insurrection  ? — Claims  of  William  French  to  the  title  of  the 
Proto-martyr  of  the  Revolution. 

Among  the  important  events  immediately  preceding  and 
connected  with  the  war  of  the  Eevolution,  which  served  to 
show  the  feelings  of  the  great  mass  of  the  American  people, 
and  prognosticated  the  impending  straggle,  none  has  been 
buried  in  deeper  obscurity  than  that  which  occurred  at  "West- 
minster, on  the  night  of  the  13th  of  March,  1T75.  Li  some 
minds,  the  words  "Westminster  Massacre"  may  perchance 
awaken  recollections  of  the  venerable  grandsire,  who,  with  his 
descendants  gathered  around  him, 

"  Wept  o'er  his  wounds,  and  tales  of  sorrow  done, 
Shouldered  his  crutch,  and  showed  how  fields  were  won;* 


210  mSTOKY   OF   EASTERN   VEKMONT.  [1775. 

or  who,  during  tlie  long  winter  evenings,  was  wont  to  depict, 
in  his  own  expressive  language,  to  the  listening  group,  the 
scenes  of  the  battles  of  Bennington  or  Saratoga,  or,  it  may  be, 
those  of  the  night  to  which  allusion  has  been  made.  The 
descendants  of  a  revolutionary  ancestry  who  have  been  thus 
favored,  will  not  forget  the  glow  which  burned  on  the  counte- 
nance ot  the  old  patriot,  nor  the  enthusiasm  with  which  he 
referred  to  these  and  similar  events,  as  the  greatest  eras  in  his 
own  life  and  in  the  history  of  his  country.  To  the  minds  of 
others,  these  words  may  convey  but  little  meaning  beyond 
their  etymological  signification. 

When  we  consider  the  hardy  character  of  the  early  settlers 
on  the  western  banks  of  the  Connecticut,  their  uncompromising 
hatred  of  oppression,  and  their  holy  love  of  freedom — which 
principles,  originating  in  Massachusetts  and  Coimecticut,  had, 
among  the  hills  of  the  adopted  province,  attained  their  full 
strength  and  reached  their  complete  proportions — when  we 
reflect  on  these  considerations,  we  need  look  no  further  for  the 
cause  which  obtained  for  Yermont  the  honor — though  late 
accorded,  yet  none  the  less  real  on  that  account — of  being  the 
State  which  gave  to  the  American  States  the  proto-martyrs  of 
American  independence. 

The  most  casual  observer,  as  he  passes  through  the  towns  in 
the  south-eastern  part  of  Yermont  that  border  the  shores  of  the 
Connecticut,  cannot  but  notice  the  picturesque  beauty  which 
distinguishes,  in  so  marked  a  degree,  the  location  of  "West- 
minster. The  east  village,  to  which  particular  reference  is 
made,  stands  principally  on  an  elevated  plain,  nearly  a  mile  in 
extent,  divided  by  a  broad  and  beautiful  avenue,  along  whose 
sides  are  built  the  comfortable  and  commodious  dwellings  of 
the  inhabitants,  back  of  which  to  the  hills  on  the  one  side,  and 
the  river  on  the  other,  extend  rich  farms  and  fertile  meadows. 
Seldom  is  there  any  noise  on  the  "  Street"  at  Westminster.  It 
does  not  resemble  Broadway,  nor  does  it  find  its  representa- 
tive on  State  street  at  Boston.  The  schoolboy,  it  is  true, 
shouts  at  noon-time  and  even-tide,  and  the  shriU  whistle  of  the 
engine  screams  through  the  neighboring  valley,  a  reminder  of 
the  whoop  of  earlier  days.  But  these  aj)pertain  to  almost  every 
place,  and  tell  of  the  universality  of  steam  and  the  schoolmaster. 

Of  those  objects  in  this  quiet  village  which  would  most 
naturally  attract  the  attention  of  an  admirer  of  the  infant 
ci'silization  of  the  past  century,  none  is  more  prominent  than 


1775.] 


THE   OLD   MEETING-HOUSE. 


211 


the  old  meeting-house.  This  building  was  commenced  in  1769, 
and  was  completed  in  the  year  following.  The  superintendence 
of  the  work  was  given  to  a  man  named  Brown,  who  dwelt  at 
Westmoreland,  ]^ew  Hampshire,  and  who  fulfilled  his  contract 
to  the  satisfaction  of  his  employers.  The  church  was  formerly 
placed,  as  was  the  custom  of  the  times,  in  the  middle  of  the 
high  road,  but  it  was  afterwards  removed,  and  now  stands  on 
the  line  of  the  street.  For  many  years  the  people  of  the 
village,  united  in  faith  and 
doctrine,  were  accustomed 
to  assemble  within  its  walls, 
for  the  purpose  of  worship- 
ping in  contbrmity  with  the 
usages  of  the  ISTew  Eng- 
land Congregationalists,*but 
when,  in  the  lapse  of  time, 
some  of  the  people  had  em- 
braced an  oppugnant  belief, 
vexatious  disputes  arose  as  to 
which  of  the  two  denomina- 
tions should  have  possession 
of  the  building.  In  the  end, 
a  new  edifice  was  erected  by 
the  Congregationahsts,  and  their  opponents,  after  retaining  pos- 
session of  the  original  structure  for  a  few  years,  left  it  tenantless. 
Tlius  it  remained  for  years  undistm-bed,  except  on  town-meeting 
and  election-days,  and  by  the  occasional  visits  of  the  peering 
antiquarian,  the  sunmier  loiterer,  or  the  leisurely-going  traveller. 


The  ■Westminster  Meetiog-honse. 


*  The  first  minister  settled  in  Westminster,  is  said  to  have  been  a  man  by  the 
name  of  Goodell,  and  the  year  1766  or  1767  is  generally  regarded  as  the  time  of 
his  coming.  Tradition  affirms,  that  his  wife  "was  the  daughter  of  a  man  dis- 
tinguished in  the  annals  of  New  Hampshire.  In  the  year  1769  his  faithlessness 
to  her  became  known,  and  this  discovery  was  soon  after  followed  by  his  secret 
departure  from  the  town.  Mrs.  Goodell's  brothers,  on  being  informed  of  these 
circumstances,  took  her  and  her  two  children  to  their  home  in  New  Hampshire, 
and  made  provision  for  their  future  support.  It  is  not  known  who  first  occupied 
the  pulpit  of  the  "  old  meeting-house."  Mice — those  lovers  and  digesters  of 
literature  of  every  kind,  sacred  and  profane — have  destroyed  the  early  records 
of  the  church,  and  the  memory  of  the  oldest  inhabitant  is  at  fault  to  supply  the 
blank  thus  occasioned.  The  division  in  the  church  at  Westminster  is,  with  a  few 
modifications,  the  history  of  almost  all  the  religious  societies  in  New  England. 
The  causes  which  led  to  the  formation  of  Christian  unions  were  identical,  with 
a  few  exceptions,  in  all,  and  the  same  is  also  true  of  the  causes  which  in  the  end 
created  dissensions  and  division. 


212  HISTORY   OF   EASTERN   VERMONT.  [1Y75. 

Although  lately  used  for  educational  purposes,  it  still  stands 
a  model  of  its  kind,  a  monument  of  former  days.  Its  archi- 
tecture is  simple,  and  the  soundness  of  its  timbers  bears  wit- 
ness to  the  excellence  of  the  materials  which  were  used  in  its 
construction.  Within,  all  is  strange  to  the  eye  of  a  modern. 
The  minister's  desk,  placed  directly  in  front  of  the  huge  bow- 
window,  is  overshadowed  by  the  umbrella-like  sounding-board, 
from  which,  in  former  days,  words  of  wisdom  and  truth  were 
often  reverberated.  Our  ancestors  were  a  frugal  people.  They 
regarded  the  air,  not  as  an  element  in  which  to  waste  words, 
but  as  a  medium  by  which  ideas  were  to  be  conveyed ;  and  in 
order  that  nothing,  especially  of  a  sacred  character,  should  be 
lost,  they  fell  upon  this  contrivance,  designed  to  give  to  the 
hearer  the  full  benefit  of  aU  that  the  preacher  might  choose  to 
utter.  As  one  stands  beneath  this  impending  projection,  a 
stifling  sensation  will  steal  over  the  senses,  and  a  ludicrous  dread 
lest  its  massiveness  may  descend  and  crush  him  as  he  gazes,  is 
not  entirely  absent  from  the  mind.  One  might  also  feel  like 
comparing  it  in  situation,  with  the  sword  of  Damocles.  But 
otherwise,  the  comparison  fails,  for  the  hair  which  holds  it  is  a 
bar  of  iron,  and  the  structure  itself  bears  a  striking  resemblance 
to  a  stemless  toadstool.  Modern  theologians  might  find  in  it  a 
personification  of  the  cloud  which  in  ancient  times  overhung 
the  mercy-seat,  and  this,  perhaps,  is  the  most  orthodox  view  in 
which  it  can  be  regarded. 

Underneath  the  pulpit  is  a  small  apartment,  in  which  the 
powder  and  lead  belonging  to  the  village  were  usually  stored. 
Who  can  describe  the  feelmgs  which  now  and  then  must  have 
shot  across  the  mind  of  the  preacher,  or  imagine  the  nature  of 
his  secret  thoughts,  as  Sunday  after  Sunday  he  warned  his 
hearers  of  the  dangers  of  this  world  and  besought  them  to  seek 
for  safety  in  the  next,  while  latent  death  lay  barrelled  beneath 
his  feet?  Immediately  in  front  of  and  below  the  desk,  are 
arranged  the  benches  where  once  sat  the  deacons.  Beside 
them,  stood  long  whips,  with  which  they  were  wont  to  di-ive 
from  the  temple  the  farmers'  dogs  which  would  sometimes  in- 
trude during  the  protracted  service.  Terrible  instruments  were 
these  long  whips  to  the  little  boys,  and  the  least  wriggle  of 
their  utmost  tip,  although  caused  by  the  breathing  of  some 
kind-natured  zephyr,  was  more  potent  to  them  than  the  most 
pointed  denunciations  winged  with  fire  and  sulphur,  and  im- 
pelled by  the  breath  of  "  brazen  lungs."     Above  tlie  deacons' 


17Y5.]  THE   CHOIK.  213 

Beats,  on  a  couple  of  nails,  rested  a  pole,  at  the  end  of  which 
was  attached  a  silken  pouch.  This  was  the  collection-box, 
which,  Hke  the  spear  of  Ithuriel,  brought  forth  from  those 
whom  it  touched,  solid,  though  not  always  willing  confessions, 
to  the  cause  of  truth. 

If  there  were  any  exercises  of  the  sanctuary,  which  more 
than  others  received  attention,  it  was  those  which  were  under 
the  care  of  the  village  choir.  There  sat  the  young  men  clad  in 
homespun  and  the  young  women  gay  in  ribbons,  occupying 
the  whole  front  of  the  long  gallery,  and  at  the  announcement 
of  the  hymn,  the  confusion  into  which  they  would  be  thrown, 
might  have  appeared  to  a  stranger  to  be  almost  inextricable. 
The  loud  voice  of  the  choragus  proclaiming  the  page  on  which 
the  tune  was  to  be  found  in  the  selection  "  adapted  to  Congre- 
gational Worship  by  Andrew  Law,  A.B.,"  the  preparatory 
scraping  of  the  fiddle  with  a  "  heavenly  squeak,"  or  the  premo- 
nitory key-note  of  the  flute  as  it  went 

" cantering  through  the  minor  keys," 

always  afforded  infinite  amusement  to  the  young  children,  and 
were  regarded  by  the  old  men  as  necessary  evils,  to  be  endm*ed 
patiently  and  without  complaint.  Then  would  succeed  a  mo- 
ment of  silence,  to  be  broken  by  the  discordant  harmony  of 
ear-piercing  falsettos,  belching  bassos,  and  airs,  by  no  means  as 
gentle  as  those  which  float 

"  — —  from  Araby  the  blest" 

But  the  music  was  inspiriting,  if  not  to  the  listeners,  yet  to  the 
performers ;  and  when  the  excited  fiddler,  who  was  also  the 
leader,  became  wholly  penetrated  with  the  melodies  which  his 
vocal  followers  were  exhaling,  regardless  of  the  injunction  of 
the  minister  to  "omit  the  last  stanza  in  singing,"  he  would, 
with  an  extra  shake  of  his  bow  and  a  resonant.  Young  America 
"  put  her  through,"  conclude  the  hymn  as  the  poet  intended  it 
slKuild  end,  winding  up  with  a  grand  flourish,  the  intensity  of 
which  was  sure  to  excite,  even  in  the  breasts  of  the  "  oldest 
fogies,"  the  most  ecstatic  feiwor. 

For  years,  every  old  lady  used  regularly  to  bring  her  foot- 
stove  to  meeting,  and  the  warmth  of  her  feet  was  of  great  ser- 
vice, no  doubt,  in  increasing  the  warmth  of  her  heart.     But 


214 


mSTOKT   OF   EASTERN   VERMONT. 


[17Y5. 


when  a  new-fasMoned,  square-box,  iron  stove  was  introduced 
within  those  sacred  precincts,  with  a  labyrinth  of  pipe,  bending 
and  crooking  in  every  direction,  the  effect  was  fearful.  Two  or 
three  fainted  from  the  heat  it  occasioned,  and  shutters  sufficient 
would  not  have  been  found  to  convey  the  expectant  swooners  to 
more  airy  places,  had  not  an  old  deacon  gravely  informed  the 
congregation,  that  the  stove  was  destitute  of  both  fire  and  fuel. 

Just  beyond  the  meeting-house  lies  the  old  burying-ground, 
crowded  with  the  silent  dwellers  of  the  last  hundred  years. 
These  tenants  pay  no  rent  for  their  lodgings,  and  shall  never 
know  any  reckoning  day  but  the  last.  The  paradises  of  the 
dead  which  are  found  to-day  in  the  suburbs  of  almost  every 
American  city,  speak  well  for  the  taste  and  refinement  of  the 
age ;  but  beautiful  as  they  may  be,  there  is  a  coldness  around 
them  of  which  the  marble  piles  that  adorn  them  are  fitly  em- 
blematic. More  acceptable  to  a  chastened  taste,  is  the  village 
graveyard  with  its  truthfulness  and  simplicity.  The  humble 
stone,  with  its  simple  story  simply  told,  conveys  to  the  contem- 
plative mind  a  pleasanter  impression  than  the  monument  with 
its  weary  length  of  undeserved  panegyric.  There  is  a  quaint- 
ness,  too,  in  the  old  inscriptions,  which  is  more  heart-touching 
than  the  formality  and  stiffness  of  the  epitaphs  of  a  modern 
diction.  Sometimes,  too,  there  is  noticed  an  original  or  pho- 
netic way  of  spelling  ;  and  again,  when  poetry  is  attempted,  the 
noble  disdain  of  metre  which  is  often  seen,  is  sure  evidence  that 
Pegasus  was  either  lame  or  was  driven  without  bit  or  bridle. 

Enter  now  this  old  burial-place.  At  the  right  of  the  path, 
but  a  short  distance  from  the  gate,  stands  an  unpretending  stone, 
not  half  as  attractive  by  its  appearance  as  many  of  its  fellows. 
Some  there  are,  who,  like  Old  Mortality,  take  a  certain  innocent 
pleasure  in  endeavoring  to  preserve  these  milestones  to  eternity 
from  the  decay  of  which  they  are  commemorative.     Such  may 


be  the  inclina- 
tion of  the  rea- 
der. Stop  then 
for  a  moment 
in  this  conse- 
crated spot. 
Brush  off  the 
moss  which 
has  covered 
with    verdure 


The  Grave  of  William  French. 


the  letters  of 
this  simple 
slate  stone.  Put 
aside  the  long 
grass  which  is 
waving  in  rank 
luxuriance  at 
its  foot,  and 
now  read  its  pa- 
triotic record ; 


1775.]    CONDITION  OF  THE  COLONIES  BEFORE  THE  REVOLUTION.       215 

In  Memory  of  WILLIAM  FRENCH. 
Son  to  Mr,  Nathaniel  French.     Who 
Was  Shot  at  Weftminfter  March  y®  13  th, 
1775.  by  the  hands  of  Cruel  Miniftereal  tools, 
of  Georg  y®  3d,  in  the  Corthoufe  at  a  1 1  a  Clock 
at  Night  in  the  2  2d,  year  of  his  Age. 


H 


ERE  WILLIAM  FRENCH  his  Body  lies. 
For  Murder  his  Blood  for  Vengance  cries. 
King  Georg  the  third  his  Tory  crew 
tha  with  a  bawl  his  head  Shot  threw. 
For  Liberty  and  his  Countrys  Good. 
he  Loft  his  Life  his  Deareft  blood." 

Starting  with  the  indignant  language  of  this  epitaph  as  a  text, 
it  will  not  be  amiss  to  explain  its  meaning,  and  collate  some  of 
the  circumstances  connected  with  the  tragedy  to  which  it  refers. 
A  correct  estimate  of  the  feelings  of  many  of  the  inhabitants  of 
Cumberland  county,  may  be  formed  from  the  conduct  of  the  peo- 
ple of  Dummerston  in  the  rescue  of  Lieut.  Spaulding,  as  related 
in  the  preceding  chapter.  The  fuel  which  success  on  that  occasion 
added  to  the  flame  which  before  was  not  dimly  burning,  did  not 
fail  to  increase  a  desire  to  attempt  other  and  more  important  deeds. 

By  the  old  French  War,  and  by  the  depreciation  of  bills  of 
credit  consequent  thereupon,  many,  in  all  the  colonies,  had 
become  reduced  in  their  circumstances.  The  sufferers  were 
mostly  those  who  had  been  ofiicers  or  soldiers  in  the  colonial 
service,  and  who  now  returning  from  their  toils  and  struggles, 
found  themselves  weakened  by  suffering,  their  famihes  starving 
around  them,  parliamentary  acts  of  unusual  severity  enforced 
in  the  cities,  creditors  clamoring  for  their  dues,  and  their  own 
hands  filled  with  paper-money  wortliless  as  rags,  to  pay  them 
with.  "  In  Boston,"  remarks  an  historian  of  those  times,  "  the 
presence  of  the  royal  forces  kept  the  people  from  acts  of  vio- 
lence, but  in  the  country  they  were  under  no  such  restraint. 
The  courts  of  justice  expired  one  after  another,  or  were  unable 
to  proceed  on  business.  The  Inhabitants  were  exasperated 
against  the  Soldiers,  and  they  against  the  Inhabitants  ;  the 
former  locked  on  the  latter  as  the  instruments  of  tyranny,  and 
the  latter  on  the  former  as  seditious  rioters."*    In  Cumberland 

*  MS.  History  of  the  American  Revolution,  among  the  papera  of  Governor 
William  Livingston,  of  New  Jersey,  ehnp.  iv.  p.  7  5,  in  N.  Y.  Hist.  Soc.  Lib. 


216  HISTORY    OF   EASTERN   VERMONT.  [1775. 

county,  the  higher  civil  officers  had  received  their  appointments 
directly  from  the  Legislature  of  JS^ew  York,  and  still  remained, 
as  they  had  ever  been,  loyal  to  the  King.  For  these  reasons, 
and  because  the  Colonial  Assembly  had  refused  to  adopt  the 
"  non-importation,  non-consumption,  and  non-exportation"  asso- 
ciation, there  were  many  in  the  county  who  mingled  with  their 
enmity  to  Great  Britain  a  dislike  to  the  jurisdiction  of  I^ew 
York  and  to  the  officers  of  her  choice.  The  unfriendliness  of 
these  feelings  was  in  no  wise  diminished  by  the  disputes  in 
regard  to  land  titles,  which  since  the  year  1764  had  at  times 
disturbed  the  equanimity  of  the  people. 

As  may  have  been  already  inferred  from  the  reforms  which 
had  been  proposed,  the  maladministration  of  the  courts  of 
justice  in  the  county  had  become  almost  insufferable.  So  un- 
happy was  the  feehng  between  the  people  on  the  one  hand,  and 
the  judges,  sheriff,  and  other  officers  of  the  court,  and  their 
adherents,  on  the  other,  that  the  former  were  generally  stigma- 
tized as  "  the  Mob,"  while  the  latter  assumed  the  title  of  "  the 
Court  Party."  But  the  time  had  now  come  when  the  Whigs,  as 
the  mob  preferred  to  be  called,  must  assert  their  rights  as  free- 
men, or  submit  to  the  oppressive  sway  of  the  Tories,  as  they 
chose  to  call  their  opponents.  Already  had  the  Tories  begun 
to  plan  in  secret  measures  by  which  "  to  bring  the  lower  sort 
of  the  people  into  a  state  of  bondage  and  slavery."  "  They 
saw,"  says  a  narrator  of  the  events  of  this  period,  "  that  there 
was  no  cash  stirring,  and  they  took  that  opportunity  to  collect 
debts,  knowing  that  men  had  no  other  way  to  pay  them  than 
by  having  their  estates  taken  by  execution  and  sold  at  vendue." 
By  an  abuse  of  law  whose  object  was  to  afford  just  protection, 
they  were  endeavoring  to  obtain  an  unlicensed  sway  in  the 
management  of  the  affairs  of  the  county.  Yexatious  suits 
ensued,  and  many  were  imprisoned,  contrary  to  the  laws  of  the 
province  and  the  statutes  of  the  crown. 

Of  the  acts  and  resolves  of  Congress  the  office-holders  in  the 
county  would  on  some  occasions  express  approbation,  and  ad- 
vise obedience  to  them  until  the  General  Assembly  should 
otherwise  order.  Anon,  they  would  declare  that  it  was  well 
enough  for  "  the  Bay  Province "  to  pursue  such  measures,  but 
"  childish"  for  the  people  of  Cumberland  county  "  to  pay  any 
regard  to  them."  A  few  going  a  step  further,  would  assert 
that  the  King  "had  a  just  right  to  make  the  revenue  acts,  for 
he  had  a  supreme  power ;"  and  would  denounce  those  who  said 


1775.]  THE   FEELING   IN   CUMBERLAND   COUNTY.  217 

differently,  as  "  guilty  of  high  treason."  The  "  good  people " 
were  of  opinion  that  men  who  held  such  sentiments  "  were  not 
suitable  to  rule  over  them." 

As  has  been  previously  said,  the  General  Assembly  of  the 
province  had  rejected  the  Association  of  the  'Continental  Con- 
gress. On  the  other  hand,  the  inhabitants  of  the  county  had, 
in  open  convention,  adopted  it.  By  its  fourteenth  article,  they 
had  resolved  to  have  "  no  trade,  commerce,  dealings,  or  inter- 
course whatsoever,  with  any  colony  or  province  in  North  Ame- 
rica "  which  should  not  accept  of,  or  which  should  in  the  future 
violate  the  association,  and  had  promised  to  hold  such  as  should 
act  thus,  "  as  unworthy  of  the  rights  of  freemen,  and  as  inimical 
to  the  liberties  of  their  country,"  For  these  reasons  they  judged  it 
"  dangerous  to  trust  their  lives  and  fortunes  in  the  hands  of  such 
enemies  to  American  liberty,"  or  to  allow  men  who  would  betray 
them  to  rule  in  their  courts  of  justice.  Thus  was  their  deter- 
mination taken.  In  duty  to  God,  to  themselves,  and  to  their  pos- 
terity, they  resolved  "  to  resist  and  to  oppose  aU  authority  that 
would  not  accede  to  the  resolves  of  the  Continental  Congress."* 

Such  was  the  state  of  feeling  in  Cumberland  county  immedi- 
ately previous  to  the  commencement  of  the  Revolution.  De- 
termined to  evince  by  action  the  principles  which  they  had 
openly  avowed,  the  Whigs  resolved  that  the  administration  of 
justice  should  no  longer  remain  in  the  hands  of  the  Tories,  and 
the  14th  of  March,  1775,  the  day  on  which  the  county  court 
was  to  convene  at  Westminster,  was  fixed  upon  as  the  time  for 
carrying  into  execution  their  plans.  Anxious  to  free  them- 
selves from  the  charges  of  haste  and  rashness,  and  to  proceed 
as  peaceably  as  possible,  they  deemed  it  prudent  to  request  the 
judges  to  stay  at  home.  For  this  purpose,  on  the  10th  of 
March,  "  about  forty  good,  true  men"  from  Rockingham,  visit- 
ed Col.  Tliomas  Chandler,  the  chief  judge,  at  his  residence 
in  Chester.  To  their 
expostulations  he  re- 
plied  that  "he  be-  (jj^  ^'fA  /^Y-/^ 
lieved  it  would  be  for  //  /l^  (  /^^P^  ^TC/^ 
the  good  of  the  county      (y  i^r~~^  ^^ 

not  to  have  any  court,  / 

as  things  were,"  but  added,  that  there  was  one  case  of  murder 
to  be  tried,  which  should  be  the  only  business  transacted,  if 

*  Slade'a  Vt.  State  Papers,  56.     Journals  Am.  Cong.  i.  25. 


218  HISTORY    OF   EASTERN   VERMONT.  [1775. 

Bucli  was  the  wish  of  the  people.  One  of  the  company  then 
remarked  that  the  sheriff  would  oppose  the  people  with  an 
armed  force,  and  that  there  would  be  bloodshed.  The  colonel 
declared,  "he  would  give  his  word  and  honor,"  that  no  arms 
should  be  brought  against  the  people,  and  said  that  he  should 
be  at  Westminster  on  the  day  previous  to  the  opening  of  the 
court.  His  visitors  informed  him  that  they  would  wait  on  him 
at  that  time,  "  if  it  was  his  will."  He  assured  them  that  their 
presence  would  be  "  very  agreeable,"  returned  them  "  hearty 
thanks"  for  their  civility,  and  parted  with  them  in  a  friendly 
manner.  Noah  Sabin,  one  of  the  associate  judges,  firm  in  the 
performance  of  what  he  deemed  his  duty,  was  very  desirous 
that  the  court  should  sit  as  usual.  Many  of  the  petty  officers 
of  the  court  were  of  the  same  opinion.  Samuel  Wells,  the 
other  associate,  was,  as  representative,  in  attendance  on  the 
General  Assembly  at  New  York.  Among  the  leaders  of  the 
"Whigs  there  was  much  debate  as  to  the  course  they  should 
pursue  in  carrying  their  plans  into  execution.  Depending  on 
the  statements  of  Judge  Chandler,  they  at  first  decided  to  let 
the  court  assemble,  and  then  to  lay  before  it  their  reasons  for 
not  wishing  it  to  sit.  But  having  heard  that  the  Tories  were 
resolved  to  take  possession  of  the  court-house  with  armed  guards, 
they  changed  their  plans,  and  determined  to  precede  them  in 
occupation,  in  order  that  they  might  make  known  their  griev- 
ances before  the  session  should  be  regularly  opened. 

The  intentions  of  the  Whigs  soon  became  known,  especially  in 
the  southern  towns  of  the  coimty.  On  Sunday,  March  ]  2th,  the 
day  previous  to  the  night  of  the  "  massacre,"  William  Paterson, 
the  High  Sheriff,  in  conformity  with  the  views  of  Judge  Sabin 

and  others,  went  to  Brat- 

/'"V  J-^r?      /^  ~/^ .*-vs-      tleborough,    and    desired 

C^     /    /:S  ^^^^^■^^^^^^^      *^®  people  to  accompany 

him  on  the  following  day 
to  Westminster,  that  he  might  have  their  assistance  in  preserv- 
ing the  peace,  and  in  suppressing  any  tumult  that  might  arise. 
To  his  proposal  a  number  assented,  and  on  the  13th,  about 
twenty-five  of  the  inhabitants  unarmed,  except  with  clubs, 
attended  him  to  Westminster.  On  the  road  they  were  joined 
by  such  as  were  friendly  to  them,  and  the  destructive  power  of 
the  company  was  increased  by  the  addition  of  fourteen  muskets. 
On  the  afternoon  of  the  same  day,  a  party  of  Whigs  from 
Rockingham  arrived  at  Westminster.     On  their  way  down  to 


1775.]  THE   COURT-HOUSE   OCCUPIED   BY   THE   WHIGS.  219 

tlie  Court-liouse  tliey  halted  at  the  house  of  Capt.  Azariah 
"Wright.  But  the  log  dwelling  in  which  the  captain  resided 
was  too  small  to  accommodate  them.  They  therefore  repaired 
to  the  log  school-house,  which  was  situated  on  the  opposite  side 
of  the  "  street,"  and  there  entered  into  a  consultation  as  to  the 
best  manner  in  which  they  could  prevent  the  court  from  sitting. 
Having  finished  tlieir  conference,  they  armed  themselves  with 
sticks,  obtained  from  Capt.  Wright's  wood-j^ile,  and  continued 
their  march.  On  their  way  they  were  joined  by  a  number  of 
the  inliabitants  of  Westminster,  armed  like  themselves  with 
cudgels,  and  having  gained  the  point  of  destination,  the  whole 
party  numbering  nearly  a  hundred  entered  the  Court-house 
between  the  hours  of  four  and  five,  with  a  determination  to 
stay  there  until  the  next  morning,  that  they  might  present 
their  grievances  to  the  judges  at  an  early  hour,  and  endeavor 
to  dissuade  them  from  holding  the  court.  Soon  after  this,  and 
a  little  before  sunset.  Sheriff  Paterson  marched  up  to  the  Court- 
house at  the  head  of  a  body  of  sixty  or  seventy  men,  some  of 
whom  carried  "guns,  swords,  or  pistols,"  and  others  clubs  or 
sticks. 

When  the  sheriff  had  approached  within  about  five  yards  of 
the  door,  he  commanded  the  "  rioters"  to  disperse.  To  this 
order  the  Whigs  made  no  reply.  Finding  that  he  should  not 
be  able  to  gain  admittance  to  the  building  by  ordinary  means, 
as  the  Whigs  had  placed  a  strong  guard  at  all  the  entrances,  he 
caused  the  "  King's  proclamation"  to  be  read,  and  ordered  the 
"  mob"  to  depart  within  fifteen  minutes,  threatening,  in  case  of 
refusal,  to  "  blow  a  lane"  through  them,  wide  enough  to  afford 
an  easy  exit  for  all  whom  the  bullets  might  spare.  Tlie  Whigs, 
in  reply,  made  known  their  firm  determination  to  remain  where 
they  were,  but  at  the  same  time  informed  the  sheriff'  that  he 
and  his  men  might  enter  without  their  arms,  but  on  no  other 
condition.  At  this  juncture,  one  of  the  Whigs  advancmg  a 
little  from  the  doorway,  turned  to  the  sheriff's  party  and  asked 
them  "  if  they  were  come  for  war  ? "  adding,  that  he  and  his 
friends  had  "  come  for  peace,"  and  should  be  glad  to  hold  a 
parley  with  them.  Upon  this,  Samuel  Gale,  the  Clerk  of  the 
Court,  di'ew  a  pistol,  and  holding  it  up,  exclaimed,  "  damn  the 
parley  with  such  damned  rascals  as  you  are.  I  will  hold  no 
parley  with  such  damned  rascals  but  by  this,"  referring  to  the 
pistol.  Both  parties  being  by  this  time  much  exasperated,  a 
wordy  rencounter  ensued,  in  which  the  clerk  and  the  sheriff* 


220  HISTOEY   OF   EASTERN   VERMONT.  [17T5. 

found  their  equal  in  tlie  tongue  of  Charles  Davenport,  a  skilful 
carpenter  from  the  patriotic  little  village  of  Dummerston ;  for 
when  the  Tories  informed  the  "  rioters"  that  they  "  should  be 
in  hell  hefore  morning^''  the  ready  cai-penter  replied,  that  if  the 
sheriif  should  offer  to  take  possession  of  the  Court-house,  the 
Whigs  "  would  send  him  and  all  his  men"  to  the  same  place 
^^  in  fifteen  minutest  The  Tories  now  drew  off  a  short  dis- 
tance, and  seemed  to  be  engaged  in  consultation.  Regarding 
this  as  a  favorable  sign,  the  Whigs  deputized  three  of  their 
men  to  treat  with  them.  But  they  soon  returned,  wiser  only 
in  being  assured  that  they  were  "  damned  rascals." 

About  seven  o'clock  in  the  evening.  Judge  Chandler  came 
into  the  Court-house,  and  was  immediately  asked  whether  he 
and  his  associate,  Sabin,  would  consult  with  a  committee  of  the 
Whigs  as  to  the  expediency  of  convening  the  court  on  the 
morrow.  To  this  inquiry  Chandler  replied,  that  the  judges 
could  not  enter  into  a  discussion  as  to  "  whether  his  Majesty's 
business  should  be  done  or  not,  but  that  if  they  thought  them- 
selves aggrieved,  and  would  apply  to  them  in  a  proper  way, 
they  would  give  them  redress  if  it  was  in  their  power."  A 
conversation  then  ensued  between  Chandler  and  Azariah  Wright 
of  Westmmster,  who  for  several  years  had  been  the  captain  of 
the  militia  of  that  town,  and  was  now  the  leader  of  the  Whigs. 
To  the  statement  that  arms  had  been  brought  to  the  Court-house 
by  the  Tories,  when  he  had  given  his  w^ord  that  such  an  act 
should  not  be  tolerated.  Chandler  answered,  by  acknowdedging 
the  truth  of  what  was  said,  but  declared  that  this  proceeding 
had  been  without  his  consent.  To  prevent  an  outbreak,  he 
gave  his  pledge  that  the  Tories  should  be  deprived  of  their 
weapons,  that  the  Whigs  should  "  enjoy  the  house"  wdthout 
molestation  until  morning,  and  that  the  court  would  then 
assemble  and  hear  what  those  wdio  were  aggrieved  might  wish 
to  offer.  Having  made  these  promises,  he  departed.  The 
Whigs  thereupon  left  the  house,  and  chose  a  committee  who 
drew  up  a  schedule  of  the  subjects  in  regard  to  wdiich  they 
should  demand  redress  from  the  court.  Tlie  report  was  then 
read  to  the  company,  and  was  adopted  without  any  dissent. 
After  this  Capt.  Wright  and  his  associates  went,  some  to  their 
homes,  some  to  the  neighboring  houses,  leaving,  however,  a 
guard  in  the  Court-house  to  give  notice  in  case  an  attack 
should  be  made  in  the  night.  Tlie  sheriff,  that  he  might 
increase  his  own  forces  as  much  as  possible,  sent  word  to  all 


John  Norton's  Tavern. 


1775.]  Norton's  tavern.  221 

the  Tories  in  the  neighborhood  to  join  him  without  delay,  and 
that  he  might  lessen  the  power  of  his  opponents,  arrested  such 
of  the  "Wliigs  as  he  could  take  without  endangering  himself. 

Meantime  the  majority  of  the  sheriiF's  posse  having  as- 
sembled at  Norton's  tavern* — the  Koyal  inn  of  the  village — 
were  holding  a  con- 
sultation as  to  the 
course  they  should  pur- 
sue, and  over  their 
punch-bowls,  filled  in 
honor  of  George  III., 
were  deciding  the  fate 
of  the  "  rebels."  Loud- 
ly they  talked  of  the 
spirit  of  anarchy  which, 
originating  in  the  dis- 
turbances of'the  stamp- 
ed paper  act  of  1765, 
was  now  culminating  in  general  dissatisfaction.  Heated  by 
their  angry  discussions,  and  inflamed  by  their  deep  potations, 
they  were  more  than  ready  to  perform  the  deeds  of  which  the 
followino;  hours  were  witness.  Nor  was  their  leader  dissatisfied 
to  find  men  so  willing  to  second  his  murderous  intentions. 

Ceasing  from  their  revelry,  they,  at  the  command  of  the. 
sheriff,  left  the  tavern  in  small  parties,  and  proceeded  stealthily 
up  the  hill  on  whose  brow  stood  the  Court-house.  Unobserved 
as  they  supposed  in  their  approach,  they  reached  tiie  building, 
and  at  the  hour  before  midnight  presented  themselves  at  its 
doors,  armed,  and  prepared  for  action.  But  the  waning  moon, 
tipping  their  bayonets  with  her  light  as  they  marched,  had 


*  This  tavern,  -which  is  still  standing,  was  probably  built  as  early  as  the  year 
17*70,  and  was  kept  for  many  years  by  its  owner,  John  Norton,  who  for  that 
period  was  a  man  of  wealth  and  influence.  He  belonged  to  an  Irish-Scotch 
family,  who  in  Ireland  were  accustomed  to  write  the  name  MacNaughton.  When 
John  removed  to  Westminster,  he  omitted  the  prefix,  and  changed  the  orthogra- 
phy of  the  surname.  After  this  alteration,  nothing  would  more  offend  him  than 
to  be  addressed  by  his  former  name.  lie  secretly  favored  the  cause  of  Great 
Britain  during  the  Revolution,  and  was  generally  regarded  as  a  Tory.  Being  in 
conversation  with  Ethan  Allen  concerning  Universalism  at  the  time  of  the  intro- 
duction of  that  doctrine  into  Vermont,  Norton  remarked  concerning  it,  "  that 
religion  will  suit  you,  will  it  not,  General  Allen  ? "  "  No,  no,"  replied  Allen,  in 
his  most  contemptuous  tone,  "  for  there  must  be  a  hell  in  the  other  world  for  the 
punishment  of  Tories." 


222  HISTORY   OF   EASTEKN   VERMONT.  [17T5. 

warned  the  sentry  of  their  coming,  and  they  now  found  guards 
stationed  at  tlie  doors,  ready  to  dispute  with  them  the  passages 
whicli  they  had  hoped  to  find  undefended.  Advancing  towards 
the  door,  the  sheriff  demanded  entrance  in  his  Majesty's  name. 
Ilis  words  were  without  eifect.  lie  tlien  informed  the  "  rioters" 
that  lie  should  enter,  quietly  if  he  could,  or  if  necessary,  by 
force,  and  commanding  the  posse  to  follow  him,  proceeded  to 
do  as  he  had  said  he  woukl.  Having  gained  the  uppermost  of 
the  three  steps,  which  from  the  outside  afforded  approach  to 
the  main  door,  he  was  pushed  back  by  the  guards  stationed  to 
defend  it.  Recovering,  he  renewed  the  attempt,  but  with  no 
better  success  than  before.  To  the  second  repulse  were  added 
blows  from  the  clubs  of  the  "  rioters,"  which,  though  compara- 
tively harmless,  served  to  exasperate  him  on  whom  they  fell. 
The  sheriff  now  ordered  his  men  to  fire,  and  three  guns  were 
discharged,  yet  with  so  high  an  aim  that  the  balls  passed  above 
the  heads  of  those  in  the  house,  and  lodged  in  the  upper  parts 
of  the  rooms.  At  the  second  fire  the  aim  was  lower,  and  the 
sentries  were  driven  from  their  posts.  Tlie  assailants  having  in 
this  manner  effected  an  entrance,  pushed  forward  with  "  guns, 
swords,  and  clubs,"  and  in  the  quaint  words  of  an  eye-witness, 
"  did  most  cruelly  mammoc"  such  as  opposed  them.  Crowded 
in  the  narrow  passages  of  the  lower  story  of  the  building,  on 
the  stairs,  and  among  the  benches  of  the  court-room,  the  hostile 
parties  amid  total  darkness  sustained  for  a  time  a  hand-to-hand 
conflict.  But  the  strife  was  of  short  duration.  The  shouts  of 
the  sheriff  ^id  his  men  soon  aimounced  that  their  deadly 
weapons  and  superior  numbers  had  given  them  the  victory. 

Some  of  the  Whigs  escaped  by  a  side  passage,  ten  were 
wounded,  two  of  them  mortally,  and  seven  were  made  prisoners. 
Of  the  sheriff' 's  posse,  two  received  slight  flesh  wounds.  In 
the  south-west  corner  of  the  Court-house,  on  the  lower  floor, 
was  a  bar-room,  arranged  most  conveniently  for  those  among 
the  "judges,  jury-men,  and  pleaders,"  who  were  inclined  to  be 
bibacious.  The  Tories,  who  immediately  before  the  assault  had 
aroused  their  courage  by  copious  draughts,  not  only  at  the 
Royal  tavern  but  at  this  place  also,  now  renewed  their  drink- 
ing-bout, being  served  by  the  jailor.  Pollard  Whij)i)le,  who 
also  acted  in  the  ca])acity  of  bar-tender,  and  a  brawling  frolic 
was  kept  up  until  morning.  Meanwhile  the  wounded  and 
suffering  prisoners,  crowded  in  two  narrow,  dungeon-like  rooms, 
destitute  of  the  necessities   which  their   situation  demanded, 


1775.]  THE  STATEMENT  OF  FACTS.  223 

and  deprived  of  light  and  heat,  were  compelled  during  the  long 
and  dark  M'atches  of  the  night,  to  bear  the  insane  taunts  of 
the  victors,  and  listen  to  their  vile  abuse. 

On  the  morning  of  the  lith,  all  was  tumult  and  confusion. 
The  judges,  however,  opened  the  court  at  the  -appointed  hour, 
but  instead  of  proceeding  with  business,  spent  the  little  time 
they  were  together  in  preparing  "  a  true  state  of  the  Facts 
Exactly  as  they  happened,"  in  the  "  very  melancholy  and  un- 
happy affair"  of  the  evening  previous.  This  account,  which 
was  in  the  main  fair  and  impartial,  was  dated  "  in  open  court," 
and  was  signed  by  Tliomas  Chandler  and  Koah  Sabin,  judges; 
Stephen  Greenleaf  and  Benjamin  Butterfield,  assistant  justices; 
Bildad  Andross,  justice  of  the  peace ;  and  Samuel  Gale,  clerk 
of  the  court.  It  closed  with  this  appeal : — "  We  humbly  sub- 
mit to  every  Reasonable  Inhabitant,  whether  his  Majesty's 
courts  of  j  ustice,  the  Grand  and  only  security  For  the  life, 
liberty,  and  property  of  the  publick,  should  Be  trampled  on  and 
Destroyed,  whereby  said  Pei'sons  and  properties  of  individuals 
must  at  all  times  be  exposed  to  the  Rage  of  a  Riotous  and 
Tumultuous  assembly,  or  whether  it  Does  not  Behove  Every  of 
his  Majesty's  Liege  sulyects  In  the  said  county,  to  assemble 
themselves  forthwith  for  the  Protection  of  the  Laws,  and 
maintenance  of  Justice."  Public  feeling  being  much  excited, 
the  judges  did  not  deem  it  prudent  to  call  the  docket,  and 
adjourned  the  court  until  three  o'clock  in  the  afternoon.  This 
adjournment  was  on  the  same  day  continued  until  the  June 
term.  But  the  court  had  seen  its  last  meeting.  The  second 
Tuesday  in  June  came,  the  judges  have  never  held  the  session 
appointed  for  that  occasion. 

Meanwhile,  the  Whigs  who  liad  been  driven  from  the  Court- 
house by  the  sheriff's  party  had  not  been  idle.  Messengers 
were  despatched  in  every  direction  to  carry  the  news  and  pro- 
cure assistance.  Dr.  Jones,  zealous  in  the  cause  of  liberty, 
rode  hatless  to  Dummerston,  and  others  performed  longer 
journeys  with  as  little  preparation.  As  in  olden  times,  when 
the  Cross  of  Fire — the  emblem  of  impending  war — was  bonie 
from  village  to  village,  so  now,  at  the  approach  of  the  courier — 

"  In  arms  the  huts  and  hamlets  rise ; 
From  winding  glen,  from  upland  brown 
They  poured  each  hardy  tenant  down. 

****** 

The  fisherman  forsook  the  strand, 


224  HISTOET    OF   EASTERN    VERMONT.  [1775. 

The  swarthy  smith  took  dirk  and  brand ; 
With  changed  cheer,  the  mower  blithe 
Left  in  the  half-cut  swathe  his  scythe  ; 
The  herds  without  a  keeper  strayed, 
The  plough  was  in  mid-furrow  stayed ; 
Prompt  at  the  signal  of  alarms, 
Each  son  of  freedom  rushed  to  arms." 

By  noon,  more  than  four  hundred  persons  had  assembled  iii 
"Westminster,  of  whom  about  one-half  were  from  I^ew  Hamp- 
shire. One'  company  from  Walpole  was  commanded  by 
Capt.,  afterwards  Col.  Benjamin  Bellows,  of  revolutionary 
distinction.  Capt.  Stephen  Sargeant  brought  his  company 
from  Rockingham.  Guilford  furnished  an  organized  band,  and 
the  Westminster  militia  were  in  full  force  under  their  old 
leader,  Azariah  Wright.  Such  a  body  as  this,  the  adherents 
of  the  court  were  not  prepared  to  encounter.  Those  of  the 
Whigs  who  had  been  imprisoned  the  night  previous,  were  soon 
liberated,  and  before  evening  the  judges  with  their  assistants, 
and  such  of  their  retainers  as  could  be  taken,  were  placed  in 
arrest.  Tlie  court-room  in  which  they  were  confined,  and 
which  had  been  the  scene  of  a  part  of  the  struggle,  presented  a 
spectacle  which  told  but  too  plainly  of  the  rage  which  had 
characterized  the  actions  of  the  combatants.  Tlie  benches 
were  broken,  and  the  braces,  timbers,  and  studs  of  the  un- 
finished room,  were  cut  and  battered  by  the  bullets  which  had 
been  fired  by  the  Tories,  after  they  had  obtained  entrance  into 
the  building.  Blood  was  to  be  seen  in  the  passages,  and  the 
stairs  were  stained  with  stiffened  gore.  Visitors  curious  to  see 
how  judges  and  justices  appeared  in  prison,  were  admitted,  four 
or  five  at  a  time.  As  night  set  in,  the  darkness  seemed  to  render 
the  Whigs  furious.  Many  who  had  come  from  Dummerston 
and  Putney  "  were  instant  with  loud  voices,"  requiring  that  the 
judges  should  be  brought  out  before  them,  and  compelled  to 
"  make  acknowledgements  to  their  satisfaction  ;"  that  the  Court- 
house should  be  pulled  down  or  burned,  and  that  all  who  had 
been  engaged  in  "  perpetrating  the  horrid  massacre"  should  be 
put  in  irons.  They  even  went  so  far  in  their  exasperation,  as  to 
vow  they  would  fire  upon  every  person  they  should  find  in  the 
Court-house,  who  had  participated  in  the  scenes  of  the  pre- 
ceding night.  These  inhuman  suggestions,  although  seconded 
by  the  leader  of  the  Guilford  militia,  and  winked  at  by  Dr. 
Jones,  met  with  a  strong  opposition  from  Capt.  Bellows. 
Firm  in  the  cause  of  the  people,  he  did  not  forget  what  was 


1Y75.]  EXCITEMENT   OF   THE   YEOMAJS'RY.  225 

due  to  justice.  Liflexible  in  liis  purpose,  lie  appeared  as  the 
guardian  of  rights,  and  while  he  desired  the  punishment  of  the 
prisoners  in  a  legal  manner,  he  took  especial  care  that  they 
should  suffer  no  violence  at  the  hands  of  infuriated  men. 

The  morning  of  the  15th  brought  with  it  a  renewal  of  the 
scenes  and  feelings  of  the  day  before.  In  one  part  of  the  town, 
Leonard  Spaulding,  the  Dummerston  farmer,  who  a  few  months 
previous  had  been  committed  "  to  the  Common  goal  for  high 
treason  against  the  British  tja-ant,  George  the  Third,"  was  busily 
engaged  in  examining  all  persons  who  he  suspected  had  come 
to  reinforce  the  sheriff's  party.  In  another  quarter,  the  beating 
of  a  drum  heralded  the  approach  of  Solomon  Harvey,  "  Practi- 
tioner of  Physic,"  at  the  head  of  a  body  of  three  hundred  men. 
In  the  centre  walked  four  of  the  sheriff 's  posse,  who  had  been 
intercepted  on  their  way  home.  The  whole  party  halted  in 
front  of  the  Com't-house.  An  investigation  was  had,  which 
ended  more  favorably  than  the  poor  prisoners  had  expected. 
The  stern  old  doctor  disarmed  them,  and  dismissed  them  with  a 
pass  signed  with  his  own  name,  to  which  was  prefixed  the  title 
of  Colonel. 

Loud  and  deep  were  the  curses  which  the  yeomen,  as  they 
gathered  from  hill  and  valley,  poured  forth,  when  they  had 
been  correctly  informed  of  what  had  occm-red.  Some  were 
anxious  to  riddle  the  Court-house  with  ball,  others  begged  that 
the  sheriff  might  be  placed  in  their  power,  so  that  they  might 
punish  him  as  it  should  please  them.  One  man,  with  a  de- 
moniacal grin,  declared  that  "  his  flesh  crawled  to  be  toma- 
hawking" the  j)risoners,  and  frequent  was  the  wish  that  mur- 
derers might  be  treated  as  such.  To  the  presence  of  Capt. 
Bellows  the  ofl&cers  of  the  court  owed  the  security  which  they 
enjoyed,  amid  this  maelstrom  of  human  passion.  A  legal 
inquest  having  been  held  on  the  body  of  William  French,  and 
the  guilt  of  his  death  having  been  charged  upon  the  sheriff 
and  some  of  his  party,  he  and  those  who  were  already  im- 
prisoned with  him  were  put  in  close  confinement.  On  the 
evening  of  the  same  day,  Robert  Cockran,  who  had  rendered 
himself  conspicuous  in  being  engaged  with  Ethan  Allen  in 
persecuting  his  Bennington  neighbors  who  had  settled  under 
charters  from  New  York,  reached  Westminster,  having  left  his 
residence  on  the  other  side  of  the  moimtains,  as  soon  as  he  had 
received  information  of  the  movements  of  the  hostile  parties. 
Armed  with  sword  and  pistols,  he  entered  the  village  at  the 


226  HISTORY    OF   EASTERN   VERMONT.  [1T75. 

head  of  forty  or  more  of  the  Green  Mountain  Boys.  A  year 
before,  Governor  Tryon  liad  offered  a  reward  of  fifty  pounds 
for  his  arrest.  As  he  advanced,  he  taimtingly  asked  of  those 
who  he  supposed  were  favorei-s  of  the  court  party,  why  they 
did  not  take  him,  and  obtain  the  compensation.  In  loud  tones 
he  declared  his  intentions  of  seizing  certain  men  who  had  aided 
the  sheriff,  provided  "  they  continued  upon  earth,"  and  in  an 
incorrect  citation  from  Scripture,  expressed  a  determination  of 
ascertaining  "  who  was  for  the  Lord,  and  w^ho  was  for  Balaam." 

Mrs.  Gale  having  obtained  an  opportunity  of  speaking  with 
her  husband,  was  requested  by  him  to  inform  her  mother  of 
his  imprisonment,  and  transmit  the  same  information  to  her 
father,  Col.  Wells,  and  to  Crean  Brush,  who,  as  representa- 
tives, were  then  in  attendance  on  the  General  Assembly  in  the 
city  of  New  York.  Tliis  message  having  been  delivered  to 
Mrs,  Wells  at  Brattleborough,  she  immediately  made  arrange- 
ments with  Oliver  Church  of  that  town,  and  Joseph  Hancock, 
of  Hopkinton,  Massachusetts,  to  act  as  couriers,  and  a  little 
after  midnight  they  started  on  their  journey.* 

By  the  morning  of  Thursday,  the  16th,  "  five  hundred  good 
martial  soldiers,  well  equipped  for  war,"  had  assembled  in 
Westminster,  besides  others  who  had  come  as  private  citizens. 
After  consultation,  it  was  decided  that  some  permanent  dis- 
position ought  to  be  made  of  the  prisoners  then  in  jail.  In  order 
to  satisfy  the  people  who  had.  collected,  a  large  committee  was 
chosen  to  represent  them,  which  committee  was  composed  both  of 
residents  and  non-residents  of  the  county.  Tlie  accused  were 
then  examined,  and  a  decree  was  passed  that  those  who  had 
been  the  leaders  in  the  "  massacre"  should  be  confined  in  the 
]  ail  at  Northampton,  Massachusetts,  until  "  they  could  have  a 
fair  trial."  Those  wdio  were  less  guilty,  were  required  to  give 
bonds  with  security  to  John  Ilazeltine,  to  appear  at  the  next 
court  of  Oyer  and  Terminer  to  be  holden  in  the  county,  and  on 
these  conditions  were  released.  Meantime  the  town  became  so 
much  crowded  with  visitors,  tliat  there  were  not  houses  or 
l)arns  sufficient  to  shelter  them,  and  food  enough  to  support 
them  was  with  difficulty  obtained.     It  was  not  until  the  follow- 


*  They  arrived  at  New  York  on  the  following  Monday,  having  been  one  hun- 
dred and  ten  hours  in  travelling  a  distance  which  is  now  accomplished  in  an 
eleventh  part  of  that  time.  John  Griffin,  Arad  Hunt,  and  Malachi  Church,  were 
afterwards  sent  express  to  the  same  place  with  confirmatory  information. 


1775.]  SKETCHES    OF   THE   LIBERTY-irEN.  227 

ing  Sunday  that  preparations  could  be  completed  for  convey- 
ing the  prisoners  down  the  river.  Li  this  interval  they  were 
visited  by  hundreds  of  those  whom  they  had  formerly  oppressed, 
and  who,  now  that  their  persecutors  were  bound,  were  ready  to 
return  uj3on  them  the  bitterness  which  they  had  so  lavishly 
expended  when  in  power. 

Regarding  the  Whigs  or  Liberty-men  who  were  killed  and 
wounded  in  the  affray,  the  following  facts  have  been  collected. 
William  French,*  son  of  Nathaniel  French,  resided  in  Brattle- 
borough,  but  so  near  the  southern  line  of  Dummerston,  that  he 
was  sometimes  claimed  as  an  inhabitant  of  that  town.f     Li  the 

*  Many  of  the  facts  in  this  biographical  notice  were  obtained  from  the  Honor- 
able Theophilus  Crawford,  of  Putney,  who  was  born  at  Union,  Connecticut, 
April  'ioth,  1764.  In  the  year  1769,  his  father,  James  Crawford,  moved  with  his 
family  to  Westminster.  At  that  time  no  large  boats  ran  above  Hadley  Falls,  and 
the  journey  thence  up  the  river,  was  performed  in  a  log  boat  or  canoe.  On  the 
evening  of  May  2oth,  the  adventurers  made  Fort  Dummer,  in  the  midst  of  a 
heavy  rain-storm.  This  old  defence  was  then  inhabited  by  the  French  family. 
As  soon  as  the  arrival  of  the  strangers  had  been  made  known,  William  French 
hurried  down  to  the  boat,  took  the  little  Theophilus  in  his  arms,  and  carried  him 
to  the  fort.  Here  the  young  traveller  spent  the  first  night  of  his  Vermont  life. 
On  reaching  Westminster,  James  Crawford  took  up  his  abode  in  a  log  building 
which  formerly  stood  on  the  site  of  the  residence  of  John  May,  Esq.,  lately 
deceased.  At  the  time  of  the  "  massacre,"  he  lived  in  the  west  part  of  the  town. 
He  was  present  at  the  burial  of  French,  having  previously  assisted  in  laying  out 
the  corpse.  On  the  morning  after  the  affray,  Luke  Knowlton  of  New  Fane,  who 
was  then  a  favorer  of  the  court  faction,  set  out  with  eleven  others  on  his  return 
home.  Passing  along  a  cross-road  leading  fromWestminster  to  New  Fane,  the  party 
stopped  at  the  house  of  James  Crawford,  and  asked  for  something  to  drink.  Mrs. 
Crawford,  whose  sentiments  were  the  same  as  her  husband's,  replied,  "  we  have 
no  drink  for  murderers,"  and  refused  compliance  with  the  request.  Knowlton,  who 
was  a  polite  man,  bowed  as  this  answer  was  given,  and  went  his  way,  as  did  his 
companions  theirs,  thirsting.  Theophilus  Crawford  was  a  member  of  the  Council 
from  1816-1819  ;  held  the  office  of  sheriff  of  Windham  county  in  the  year  1819; 
received  the  appointment  of  delegate  to  the  State  Constitutional  Convention  in 
1822;  and  represented  the  town  of  Putney  in  the  Assembly  at  the  session  of 
1823.     His  death  occurred  in  January,  1856. 

f  W^hen,  in  the  year  1784,  Theophilus  Crawford  was  on  his  way  to  Guilford  to 
assist  in  quelling  the  disturbances  which  had  arisen  from  the  insubordination  of 
the  "  Yorkers,"  he  stopped  at  the  French  house,  then  "  the  most  north-ejistern 
dwelling  in  Brattleborough."  Mrs.  French,  who  was  still  living,  and  in  whose 
mind  the  remembrance  of  the  loss  of  her  son  was  still  fresh,  entreated  him  not  to 
expose  himself  to  the  rage  of  the  enemy,  and  warned  him  to  shun  the  dangers 
which  threatened  him  from  the  infuriated  "  Guilfordites."  Her  fears,  though 
more  imaginary  in  this  instance  than  real,  afford  a  proof  of  the  terror  with  which 
she  must  at  all  times  have  regarded  the  scenes  of  that  March  night — a  night  so 
fatal  to  her  highest  and  best  expectations.  Tlie  site  of  the  French  house  forms  a 
portion  of  the  farm  which  is  now  familiarly  known  as"  the  Old  Wellington  Place," 
and  is  on  the  right  hand  side  of  what  was,  a  few  years  ago,  the  stage  road. 


228  HISTORY   OF   EA8TEEN   VEEMONT.  [17T5. 

census  of  1771,  liis  father's  name  appears  in  the  lists  of  both 
towns.  The  people  of  Brattleborough  who  lived  in  liis  imme- 
diate neighborhood,  were  mainly  favorers  of  the  court  party, 
and  "some  of  them  were  in  the  sheriff's  band,  that  officer  being 
himself  an  inhabitant  of  that  town."  As  for  young  French, 
his  principles  were  those  which  he  had  received  from  his 
father.*  Finding  sympathy  in  the  opinions  of  the  liberty- 
loving  people  of  Dummerston,  he  generally  acted  with  them 
on  questions  relating  to  the  public  weal.  He  held  no  official 
station,  but  appears  to  have  been  much  esteemed  for  his  bravery 
and  patriotism,  "  and  the  treatment  he  afterwards  received 
from  his  opponents,  sufficiently  attests  how  much  they  feared 
his  influence."  At  the  time  of  his  death  he  was  not  twenty- 
two  years  of  age.  In  person,  he  was  of  a  medium  size  and 
stature,  and  in  the  words  of  one  who  knew  him,  was  esteemed 
as  "  a  clever,  steady,  honest,  working  farmer."  He  had  come 
to  Westminster  with  a  number  of  others,  his  companions,  in 
order  to  obtain  and  secure  what  he  had  before  supposed  he  had 
a  right  to  demand,  namely,  the  privilege  of  being  governed  by 
sound  laws  and  sound  principles,  and  of  restraining  the  advance 
of  oppression.  Being,  undoubtedly,  more  ardent  than  others  in 
expressing  and  enforcing  his  sentiments,  he  was  among  the  first 
to  attract  attention,  and  in  the  issue  was  most  mercilessly 
butchered.  He  was  shot  with  five  bullets  in  as  many  different 
places.  One  of  the  balls  lodged  in  the  calf  of  the  leg,  and  another 
in  the  thigh.  A  third  striking  him  in  the  mouth,  broke  out  several 
of  his  teeth.  He  received  the  fourth  in  his  forehead,  and  that 
which  caused  his  death,  entered  the  brain  just  behind  the  ear. 
Li  this  horrible  condition,  still  alive,  he  was  dragged  Hke  a  dog- 
to  the  jail-room,  and  thrust  in  among  the  well  and  wounded. 
So  closely  was  the  prison  crowded,  that  those  who  would  have 
gladly  bound  up  his  wounds  and  spoken  peace  and  consolation 
to  the  soul  that  still  lingered  in  that  bleeding  and  mangled 
body,  were  unable  to  act  their  wishes.  Tlirough  the  prison 
doors,  his  enemies  vented  their  curses  upon  him,  telling  him 
that  they  wished  "  there  were  forty  more"  in  his  condition,  and 
shouting  to  his  companions  "  that  they  should  all  be  in  hell 
before  the  next  night."  When  execration  failed,  they  mocked 
him  as  he  gasped  for  the  failing  breath,  and  made  "  sport  for 

*  At  the  Westminster  Convention,  held  February  1th,  17Y5,  Nathaniel  French 
was  chosen  to  represent  Brattleborough  in  the  Standing  Committee  of  Cor- 
respondence. 


1775.]  SKETCHES   OF  THE   LIBEKTr-MEN.  229 

themselves  at  liis  dying  motions."  Between  the  hom-s  of  three 
and  four  on  the  next  morning,  Dr.  William  Hill,  of  Westmin- 
ster, was  allowed  to  visit  him  ;  but  assistance  had  come  too  late. 
Death  had  released  the  martyr  from  his  sufferings.*  On  the 
day  after  the  affray  the  name  of  French  was  on  every  lip,  and 
hundreds  visited  his  corpse,  anxious  to 

" dip  their  napkins  in  his  sacred  blood  ; 


Yea,  beg  a  hair  of  him  for  memory, 

*  Calvin  "Webb,  of  Rockingham,  whose  retentive  memory  supplied  several  facts 
which  have  been,  and  others  which  will  be  recorded,  and  who  was  nearly  eight- 
een years  old  when  the  events  above  narrated  occurred,  has  said:  "  At  the  time 
of  the  Court-house  affray,  I  lived  in  Westminster,  but  was  not  present  at  the  scene. 
Heard  of  it  the  next  day  from  a  little  man,  familiarly  known  as  Hussian  Walker, 
a  vdghty  flax-dresser,  who  was  in  the  eugagemeut.  Soon  after  this  I  started  off 
in  company  with  several  other  youngsters,  whose  names  I  have  forgotten.  Many 
people  were  going  in  the  same  direction.  It  was  about  the  middle  of  the  day 
when  I  reached  the  Court-house,  and  soon  after  my  arrival,  I  saw  the  body  of 
French,  who  had  been  shot  the  night  before.  A  sentzy  was  stationed  to  guard 
the  corpse,  as  it  lay  on  the  jail-room  floor.  The  clothes  were  still  upon  it,  as  in 
life.  The  wounds  seemed  to  be  mostly  about  the  head  ;  the  mouth  was  bloody, 
and  the  lips  were  swollen  and  blubbered." 

Joshua  Webb,  the  father  of  Calvin,  was  for  several  years  a  merchant  or  trader, 
at  Union,  Connecticut,  but  failing  in  business  removed  to  Ashford,  an  adjoining 
town,  where  he  continued  a  few  years,  beuig  engaged  in  pajiug  his  debts  and 
settling  his  affairs.  In  October,  1705,  he  came  to  Westminster,  and  Wfis  employed 
by  the  town  to  teach  school  the  succeeding  winter.  The  house  which  he  occupied 
was  "  a  large,  open  building,"  and  the  school  was  probably  the  first  kept  in  West- 
minster. In  the  spring  of  1766,  having  sent  for  his  wife  and  children,  young 
Calvin  among  the  number,  he  with  them  took  up  his  abode  in  Rockingham, 
where  he  resided  a  year.  Displeased  with  the  locality  he  went  back  to  West- 
minster, and  hired  of  Col.  Benjamin  Bellows  a  tract  of  land  in  the  north  part 
of  the  town,  which  had  been  previously  improved  by  one  Farwell,  and  is  now 
known  as  "the  Churcli  farm."  There  he  lived  ten  years.  At  the  expiration 
of  this  period,  he  bought  a  farm  and  built  him  a  house  at  Rockingham,  where  he 
lived  until  his  death,  which  occurred  in  1808.  He  was  very  active  in  the  forma- 
tion of  the  new  state  of  Vermont,  and  was  a  member  of  the  Dorset  Conventions 
of  September  25th,  1776,  and  January  15th,  1777.  On  the  latter  of  these  occa- 
sions, the  district  of  Vermont  was  declared  free  and  independent.  He  afterwards 
represented  the  people  of  Rockingham  in  the  state  Assembly,  during  the  years 
1778  and  1783,  and  was  the  first  clerk  of  that  town. 

His  son  Calvin  was  born  at  Union,  July  31st,  1757,  and  having  removed  with 
his  father  to  the  "  New  Hampshire  Grants,"  became  a  citizen  of  Rockingham  at 
the  time  of  his  father's  removal  to  that  town.  Here,  he  passed  the  remainder  of 
his  life,  respected  by  all  who  knew  him.  His  death  occurred  in  the  year  1854. 
The  assistance  obtained  from  him  and  acknowledged  in  this  note,  was  communi- 
cated in  the  winter  of  1852.  Although  the  narrator  was  then  in  his  ninety -fifth 
year,  yet  his  mental  faculties  appeared  unimpaired,  and  the  vividness  with  which 
he  would  describe  the  scenes  of  his  youth,  bore  evidence  to  the  strength  of  the 
impressions  which  the  mind  receives  in  its  early  freshness. 


230  HISTOEY   OF   EASTEEN   VEEMONT.  [1775. 

And,  dying,  meution  it  within  their  'wills, 
Bequeathing  it,  as  a  rich  legacy," 
Unto  their  issue." 

Although  the  coui'ts  had  been  stopped,  yet  the  sph'it  of  law 
had  not  fled  from  the  county.  A  coroner's  jury  was  assembled 
to  inquire  into  the  cause  of  the  death  of  French,  and  the  pro- 
ceedings on  that  occasion  were  conducted  in  the  most  solemn 
and  deliberate  manner.  The  original  report  of  the  investiga- 
tion is  still  preserved,  and  is  in  these  words  : — 

"  New  York 

Cumberland  County.  An  Inquision*  In- 

dented &  Taken  at  Westminster  the  fifteenth  Day  of  March 
one  Thousand  Seven  Hundred  and  Seventy  five  before  me 
Tim°  Olcott  Gent  one  of  the  Corroners  of  the  County  afore 
Said  upon  the  Veiw  of  the  Body  of  "William  French  theh  and 
there  Lying  Dead  upon  the  oaths  of  Tlio'  Amsden  John  Avorll 
■Joseph  Pierce  Natha'^'  Robertson  Edward  Hoton  Michal  Law 
George  Earll  Daniel  Jewet  Zachriah  Gilson  Ezra  Robenson 
I^athaniel  Davis  Nathaniel  DoubleDee  John  Wise  Silas 
Burk  Elihue  Newel  Alex'  Pammerly  Joseph  Fuller  Good  and 
Lawfull  men  of  the  County  afore  Said  who  being  Sworn  to  En- 
quire on  the  part  of  our  Said  Lord  the  King  when  where  how 
and  after  what  manner  the  Said  W""  French  Came  to  his 
Death  Do  Say  upon  their  oaths  that  on  the  thirteenth  Day  of 
March  Instant  William  Paterson  Esqr  Mark  Langdon  Cristo- 
l)her  Orsgood  Benjamin  Gorton  Samuel  Night  and  others  un- 
known to  them  assisting  with  force  and  arms  made  an  assalt 
on  the  Body  of  the  Said  W""  French  and  Shot  him  Through 
the  Head  with  a  Bullet  of  which  wound  he  Died  and  Not 
Otherways  in  witness  where  of  the  Coroner  as  well  as  the 
Juryors  have  to  this  Inquision  put  their  hands  and  Seals  att  the 
place  afore  Said." 

On  the  same  day,  he  was  buried  with  military  honors,  his 
funeral  being  attended  by  all  the  militia  of  the  surrounding 
country,  who  paid  their  final  adieu  to  the  ennobled  dead  in  the 
salute  which  they  fired  above  his  grave.  The  smoke  rolled  off 
from  the  freshly  turned  earth,  and,  as  the  thunder  of  the  mus- 
ketry echoed  over  the  beautiful  plains  of  Westminster  and 
reverberating  among  the  distant  hills,  finally  died  away  into 
silence  ;  those  determined  men  who  had  gathered  at  the  sepul- 

*  Inquisition  was  intended,  same  as  inquest. 


17T5.]  SKETCHES    OF   THE    LIBERTY-MEN.  231 

ture  of  the  first  victim  to  American  Liberty  and  the  principles  of 
freedom,  vowed  to  avenge  the  wrongs  of  their  oppressed  coimtry, 
and  kindled  in  imagination  the  torch  of  war,  wliich  so  soon 
after  blazed  like  a  beacon-light  at  Lexington  and  Bmiker 
Hill. 

Daniel  Houghton,  who  was  mortally  wounded  dm^ng  the 
"  massacre,"  came  originally  from  Petersham,  Massachusetts, 
and  previous  to  his  death  was  a  resident  of  Dummerston.  The 
idea  was  general,  for  a  time,  that  he  would  recover  from  his 
injuries,  and  it  is  for  this  reason  that  his  name  is  not  oftener 
found  in  connection  with  that  of  French.  But  in  the  records  of 
Dummerston,  the  "  mm-thering  of  William  French  and  Daniel 
Houghton  "  is  spoken  of  as  an  article  of  history,  which  was 
then  received  without  doubt  or  disagreement,  and  in  the  account 
of  a  meeting  held  in  that  town  on  the  6th  of  April,  less  than  a 
month  after  the  event,  is  a  memoranduni  of  a  committee  who 
were  appointed  to  "go  to  Westminster  there  to  meet  other 
committees,  to  consult  on  the  best  methods  for  dealing  Avith  the 
inhuman  and  unprovoked  mm'therers  of  William  French  and 
Daniel  Houghton."  Hpughton,  who  was  wounded  in  the  body, 
survived  only  nine  days.*  He  was  buried  in  the  old  grave- 
yard at  Westminster,  not  far  from  the  last  resting-place  of 
French.  For  many  years  there  was  a  stone,  shapeless  and 
unhewn,  which  marked  the  spot  where  he  lay ;  but  even  this 
slight  memorial  has  at  length  disappeared  from  its  place,  and 
no  one  can  now  mark  with  accuracy  the  locality  of  his  grave. 

Jonathan  Knight,  of  Dummerston,  received  a  charge  in  the 
right  shoulder,  and  for  more  than  thirty  years  carried  one  of  the 
buck-shot  in  his  body.  One  White,  of  Rockingham,  was  severely 
wounded  in  the  knee  by  a  ball,  and  was  in  consequence  for  a  long 
time  incapacitated  for  labor.f  Philip  SalFord,  a  lieutenant  of 
the  Rockingham  militia,  was  in  the  Court-house  at  the  time  the 
attack  was  made.  Most  of  the  Whigs  who  were  in  his  situa- 
tion fled  by  a  side  entrance  after  a  short  conflict  with  their 

*  Houghton  died  at  Westminster  in  a  house  situated  a  little  northwest  of  the 
Court-house,  and  but  a  short  distance  from  it.  It  ■was  then  occupied  by  Eleazer 
Hnrlow.  Most  of  those  who  were  wounded  were  taken  to  the  house  of  Azariah 
Wright,  and  were  treated  with  the  most  careful  consideration  by  the  patriotic 
captain. 

f  After  remaining  three  months  at  Capt.  Wright's  house,  he  was  taken  to  the 
river  on  a  litter,  and  was  conveyed  by  water  to  some  place  where  he  could 
obtain  the  services  of  a  more  skilful  physician  than  was  to  be  had  at  Westmin- 
6te* 


232  niSTOKT   OF   EASTEEN   VERMONT.  [1Y75. 

opponents.  But  he,  determined  to  depart  by  a  more  honorable 
passage,  sallied  out  at  the  main  door,  bludgeon  in  hand,  knocked 
down  eight  or  ten  who  endeavored  to  arrest  him,  and  received 
in  return  several  severe  cuts  on  the  head  from  a  sabre  wielded 
by  Sheriff  Patterson. 

From  a  deposition  made  before  the  Council  of  New  York, 
by  Oliver  Church  and  Joseph  Hancock,  the  messengers  who 
bore  the  news  of  the  "  massacre"  southward,  it  would 
appear  that,  after  the  first  volley  from  the  sheriff's  party,  for 
the  purpose  of  intimidating  the  "rioters,"  the  latter  returned 
the  tire  from  the  Court-house  ;  that  "  one  of  their  Balls  entered 
the  Cuff  of  the  Coat  of  Benjamin  Butterfield,  Esquire,  one  of 
his  Majesty's  Justices  of  the  Peace  for  the  said  County  of 
Cumberland,  which  went  out  of  the  elbow  without  hurting 
him,  and  another  went  through  his  Coat  Sleeve  and  just  grazed 
the  skin.  That  a  pistol  was  discharged  by  one  of  the  Rioters 
at  Benjamin  Butterfield,  the  Son  of  the  above  named  Justice 
Butterfield,  so  near  that  the  Powder  burnt  a  large  hole  in  the 
breast  of  his  Coat,  and  one  William  Wihiams  received  a  large 
wound  in  the  head  by  one  of  the  Balls  discharged  by  the  said 
Pioters."  Another  deiDOsition  made  by  John  Gritfin,  contains  a 
declaration  that  "  the  Rioters  returned  a  Discharge  of  Guns  or 
Pistols  on  their  part,"  and  in  the  statement  of  the  judges,  it  is 
asserted  that  the  "  rioters  fought  Violently  with  their  clubs,  and 
fired  some  few  fire-arms  at  the  Posse,  by  which  Mr.  Justice 
Butterfield  received  a  slight  shot  in  the  arm,  and  another  of  the 
Posse  received  a  slight  shot  in  the  head  with  Pistol  Bullets." 
The  account  of  one  of  the  newspapers*  of  the  time,  is,  that  the 
first  fire  of  the  sheriff's  posse  "  was  immediately  returned  from 
the  Court-house,  by  wdiich  one  of  the  Magistrates  was  slightly 
wounded,  and  another  person  shot  through  his  clothes."  In 
another,f  it  is  recorded  that  "  the  rioters  fired  once  or  twice  on 
the  sheriff's  party,  but  did  no  damage." 

As  opposed  to  a  part  of  these  assertions,  the  Whigs  declared 
that  they  had  no  fire-arms  at  the  time  of  the  attack,  and  this 
statement  is  substantiated  by  eye-witnesses,  some  of  whom 
were,  until  within  a  few  years,  alive,  and  by  a  sufiicient  amount 
of  unbiased  evidence.  That  some  of  the  Court  party  were 
wounded  in  the  affray,  there  is  no  doubt ;  but  the  injuries 
they  received,  except  those  "  inflicted  by  bludgeons,"  were  from 

*  New  York  Journal,  or  General  Advertiser :  Thursday,  March  23d,  1775. 
\  Essex  Gazette,  Salem,  Massachusetts;  vol.  vii.,  March  14th-2l8t,  1775. 


1775.]  TORY   DEPOSITIONS.  233 

their  own  friends.  The  fight,  it  will  be  remembered,  was  car- 
ried on  in  dai'kiiess.  To  explam  this  contradiction  m  regard  to 
the  use  of  fire-arms  by  the  AVliigs,  and  to  fmiiish  a  cine  to  all 
the  other  discrepancies  which  appear  m  the  narrations  of  the 
opposing  parties,  a  knowledge  of  accompanying  circumstances  is 
alone  requisite.  The  newspaper  press,  controlled  by  those  favor- 
able to  royal  government,  and  opposed  to  revolutionary  action, 
sided  with  the  supporters  of  established  law,  regardless  of  its 
corrupt  administration,  and  concealed  or  misrepresented  the  true 
causes  which  were  forcing  the  lovers  of  liberty  throughout  the 
colonies  to  throw  off  the  burdens  which  were  oppressing  them. 
Tlie  depositions,  although  given  under  oath,  had  been  previously 
supervised  by  the  Tory  representatives  in  the  Legislature  of 
New  York  from  Cumberland  county,  and  were,  no  doubt, 
colored  by  them  in  such  a  manner  as  to  make  the  cause  of  the 
Whigs  appear  in  its  worst  light.  Men,  most  violent  in  the 
measures  which  they  were  ready  to  adopt  to  suppress  the  first 
outbreathings  of  liberty  and  right,  were  not  those  who  would 
scruple  to  exaggerate  and  falsify  in  order  to  achieve  the  ends 
they  had  proposed.* 

*  As  testimony  corroborative  of  the  position  assumed  in  the  text,  the  following 
extracts  from  printed  and  MS.  documents  and  verbal  relations,  are  presented.  In 
the  report  of  the  committee  who  were  chosen  by  the  people  of  Cumberland 
county  and  othei's,  to  prepare  an  account  of  the  affray,  occur  these  words :  "  We, 
in  the  house,  had  not  any  weapons  of  war  among  us,  and  were  determined  that 
they  [the  sheriff  and  his  posse]  should  not  come  in  with  their  weapons  of  war, 
except  by  the  force  of  them."  The  testimonj'  of  Theopliilus  Crawford  was,  that 
"  the  Whigs  had  not  so  much  as  a  pistol  among  them,"  and  in  proof  of  the  state 
of  feeling  previous  to  the  fight,  he  declared  that  "  a  man  named  Gates,  of  Dum- 
merston,  started  for  Westminster,  armed  with  a  sword,"  and  that  "  the  people 
would  not  let  him  proceed  until  he  had  laid  aside  the  offensive  weapon."  To  the 
same  effect  Calvin  Webb.  "  The  liberty  men  had  no  guns  when  they  first  came, 
but  after  French  was  killed,  they  went  home  and  got  them."  Azariah  Wright,  a 
grandson  of  the  sturdy  captain  of  the  same  name,  who  was  so  active  in  the  cause 
of  the  sons  of  freedom,  has  written  to  the  author,  by  the  dictation  of  his  father, 
Salmon  Wright,  who,  a  lad  of  twelve  or  thirteen,  was  present  at  the  burial  of 
French,  in  these  words :  "  There  were  no  arms  carried  by  the  liberty  party, 
except  clubs  which  were  obtained  by  the  Rockingham  Company  at  my  grand- 
father's wood-pile.  There  were  no  Tories  wounded,  save  those  knocked  down 
by  the  club  of  Philip  Safford."  When  questioned  with  reference  to  the  asser- 
tions of  Hancock  and  Church,  his  language,  dictated  as  before,  was  tliis:  "In 
regard  to  the  statements  in  the  Tory  depositions,  father  says  they  are  all  fudge ! 
that  there  were  no  weapons  carried  or  used  by  the  liberty  men,  except  the 
afore-mentioned  cluba.  This  is  a  fixed  fact."  Additional  proof  might  be  accu- 
mulated ;  but  it  is  probable  that  enough  has  been  said  to  satisfy  the  reader  that  the 
only  weapons,  offensive  or  defensive,  carried  by  the  Whigs,  were  clubs  and  staves. 


234:  HISTORY    OF   EASTERN   VERMONT.  [lYTo. 

As  furnishing  the  less  important  incidents  connected  with  the 
afiray,  tradition  affirms,  that  a  certain  Joseph  Temple  of  Dnm- 
merston,  carried  his  food  in  a  quart  pewter  basin,  which,  placed 
in  a  kind  of  a  knapsack,  was  strapped  over  his  shoulders. 
During  the  firing  the  basin  was  struck  twice  by  the  bullets, 
which  left  their  marks  upon  it  but  did  not  perforate  it,  and  its 
owner  escaped  unhurt.  This  novel  life-preserver  was  kept  in 
the  family  of  his  descendants  for  many  years,  but  finally  found 
its  way  to  that  place  of  deposit  of  articles  valuable  for  their 
antiquity,  the  cart  of  a  tin  pedlar.  Another  brave  man  of  the 
same  town,  hight  John  Hooker,  escaped  with  the  loss  of  the 
soles  of  his  boots,  which  were  raked  ofi"  by  a  chance  shot  from 
the  enemy.  But  the  discomfiture  was  only  temporary;  the 
art  of  the  shoemaker  w^as  potent  to  restore  the  wanting  portions, 
and  the  boots  were  afterwards  worn  by  their  owner  with  feelings 
of  pride  and  satisfaction.  Many  a  man  more  distinguished  but 
less  valiant  than  John  Hooker,  has  in  the  time  of  battle  found 
safety  in  trusting  to  his  soles,  and  that,  too,  in  a  manner  not  one 
half  as  honorable  ! 

To  dignify  the  events  of  the  13th  of  March,  the  Muses  were 
not  ashamed  to  lend  their  assistance.  The  following  lines,  ex- 
humed from  the  brain  of  an  old  man,  where  they  had  slept 
undisturbed  for  more  than  three  quarters  of  a  century,  afiord 
not  only  a  rare  specimen  of  Hipponactic  composition,  but,  as 
far  as  they  go,  contain  a  spirited  and  concise  account  of  the 
afi'ray.* 

"  March  y«  thirteenth,  in  Westminster  there  was  a  dismal  clamor, 

A  mob  containing  five  hundred  men,  they  came  in  a  riotous  manner, 

Swearing  the  courts  they  should  not  set,  not  even  to  adjournment, 

But  for  fear  of  the  Sherifif  and  his  valiant  men,  they  for  their  fire-arms  sent 

*  These  lines  are  supposed  to  have  been  the  production  of  John  Arms,  a  young 
man  who  resided  in  Brattleborough,  and  who  was  a  favorer  of  the  Court  party. 
They  were  communicated  orally  by  Calvin  Webb,  of  whom  mention  Las  been 
already  made.  Regarding  them  as  expressing  the  sentiments  of  an  opposer 
of  the  "  mob,"  the  eleventh  verse  furnishes  another  proof  that  stout  cudgels  were 
the  only  weapons  which  the  mob  carried.  Arms  is  said  to  have  possessed  mental 
qualities  of  no  mean  order.  Physically,  he  was  not  strong,  and  died  young.  By 
a  vote  of  the  Council  of  Vermont  passed  June  15th,  1782,  it  appears  that  John 
Arms  of  Brattleborough,  who,  at  the  age  of  fifteen,  in  the  year  IT'ZS,  joined  the 
"  enemies  of  this  and  other  American  States,"  and  afterwards  returned  and  asked 
pardon,  was  forgiven  "  and  restored  to  the  privileges  of  the  State  "  on  taking 
the  oath  of  allegiance.  The  person  referred  to  in  this  vote,  and  the  poet  of  the 
"Westminster  Massacre,"  are  supposed  to  be  identicaL 


1775.]  THOMAS    CUA^TJLEE,    JE.  235 

The  Protestants  tliat  stood  by  the  law,  they  all  came  here  -well  armed ; 

They  demanded  the  house  which  was  their  own,  of  which  they  were  debarred. 

The  Slicriff  then  drew  off  his  men  to  consult  upon  the  matter, 

How  he  might  best  enter  the  house  and  not  to  make  a  slaughter. 

Tlie  SheriSf  then  drew  up  his  men  in  order  for  a  battle. 

And  told  tliem  for  to  leave  the  house  or  they  should  feel  his  bullets  rattle. 

But  they  resisted  with  their  clubs  until  the  Sheriff  fired, 

Tlien  with  surprise  and  doleful  cries  tliey  all  with  haste  retired. 

Our  valiant  men  entered  the  house,  not  in  the  least  confoimded, 

And  cleared  the  rooms  of  every  one,  except  of  those  who  were  wouuded." 

"Witli  one  exception  the  officers  of  the  Court  were  opposed  to 
any   interference 
on  the  part  of  the 

people.     Thomas       U/^  . -/2  J  ^        ;?/ 

Chandler  Junior, 
one  of  the  assis- 
tant justices  and 
a  son  of  the  chief 

judge,  held  views  repugnant  to  those  of  his  colleagues  and 
superiors.  On  the  day  of  the  outbreak,  a  large  body  of  the 
inhabitants  of  Chester  having  started  to  go  to  Westminster, 
Chandler  was  questioned  as  to  the  object  of  their  journey.  In 
Tcply,  he  stated  that  they  had  gone  "  to  petition  the  Inferior 
Court  of  Common  Pleas  not  to  sit  or  proceed  on  business." 
I>eing  asked  whether  it  would  not  have  been  better  had  a  com- 
nuttee  been  delegated  to  proifer  the  request  of  the  people,  he 
answered,  that  if  those  who  had  gone  committed  no  violence, 
they  coidd  not  be  indicted  for  riot,  and  further  remarked,  that 
the  court  ought  not  to  sit  because  "  the  attorneys  vexed  the 
People  with  a  multiplicity  of  suits,"  the  "  sheriff  of  the  County 
was  undeserying  to  hold  his  office,"  and  "  had  bad  men  for  his 
deputies."  He  also  gave  it  as  his  opinion,  that  if  the  court 
should  attempt  to  proceed  on  "business  of  a  civil  nature,"  the 
people  would  put  a  period  to  the  session.  So  thoroughly  was 
he  convinced  of  the  injustice  and  petty  tyranny  that  had 
attended  the  administration  of  law,  that  he  was  "  very  zealous  " 
that  the  people  should  apply  the  remedies  which  they  subse- 
quently used  with  so  much  effect.* 

Of  the  court  party  who  had  been  imprisoned,  Thomas  Chan- 
dler, the  chief  judge,  Bildad  Easton,  a  deputy  sheriff',  Capt. 
Benjamin  Burt,  Thomas  Sergeant,  Oliver  AYells,  Joseph  Willard, 

*  MS.  deposition  of  Elijah  Grout,  relative  to  Thomas  Chandler,  Jr. 


236  HISTORY   OF   EASTERN   VERMONT.  [1775. 

and  Jolin  Morse,  were  released  on  the  17th,  having  given  bonds 
with  security  to  John  Hazeltine,  to  appear  and  take  their  trial  at 
such  time  as  should  be  appointed.  Thomas  Ellis,  against  whom 
no  charge  was  found,  was  set  at  liberty,  unconditioned ;  Noah 
Sabin,  one  of  the  side  judges,  Benjamin  Butterlield,  an  assistant 
justice,  William  Willard,  a  justice  of  the  peace,  William  Pater- 
son,  the  high  sheriff,  Samuel  Gale,  the  clerk,  Benjamin  Gorton, 
a  deputy  sheriff,  Kichard  Hill,  William  Williams,  and  one  Cim- 
ningham,  were,  by  a  vote  of  the  committee  of  the  people, 
reserved  for  confinement  in  the  jaol  at  ^Northampton,  Massachu- 
setts. On  Sunday  the  19th,  these  nine  prisoners  set  out  on 
their  march,  being  attended  by  a  guard  of  twenty-five  men 
under  the  command  of  Robert  Cockran,  and  by  an  equal 
number  of  men  from  New  Hampshire,  led  by  a  certain  Capt. 
Butterfield,  an  inhabitant  of  that  province.  Having  reached 
Northampton  on  the  23d,  they  were  there  imprisoned,  and  re- 
mained in  durance  nearly  two  weeks. 

A  paragraph  in  a  New  York  paper  of  this  period,  declared 
that  "  the  gentlemen  who  had  fallen  into  the  hands  of  the  insur- 
gents "  were  to  be  removed  by  virtue  of  a  writ  of  habeas  corpus 
from  Northampton  to  that  city,  where  they  would  be  "  regularly 
tried  in  order  to  their  enlargement."  On  the  3d  of  May, 
they  had  reached  New  York,  but  it  is  not  probable  that  the 
offences  with  which  they  w^ere  charged  were  ever  subjected 
to  a  legal  investigation.  The  war  of  the  devolution  had  now 
become  a  reality,  and  the  causes  which  produced  it  began 
to  be  merged  in  the  results  to  which  those  causes  had  given 
birth.* 

The  news  of  the  affray  reached  New  York  on  the  21st  of 
March,  through  the  medium  of  the  exjDresses,  Church  and  Han- 
cock. The  Council  were  immediately  summoned,  and  were  in- 
formed by  Lieutenant-Governor  Colden,  that  "  violent  Outrages 
and  Disorders"  had  lately  happened  in  Cumberland  county.  At 
his  desire,  Samuel  Wells  and  Crean  Brush  were  called  in,  who 
repeated  the  statements  they  had  received.  By  the  advice  of 
the  Council,  the  messengers  were  directed  to  embody  their  ac- 
count in  the  form  of  depositions,  and  the  Lieutenant-Governor 
was  requested  to  send  the  depositions  to  the  General  Assembly 
then  in  session,  together  with  a  message  "  warmly  urging  them 
to  proceed  immediately  to  the  consideration"  of  such  measures 

*  New  York  Gazette,  Monday,  April  10th,  1775. 


1775.]  MESSAGE   FROil   THE   LIEUTENANT-GOVERNOR.  237 

as  would  prevent  the  recurrence  of  "  Evils  of  so  Alarming  a 
Nature,"  and  bring  "  the  principal  Aiders  and  Abettors  of  such 
Violent  Outrages  to  Condign  Punishment." 

The  depositions  were  prepared  on  the  22d,  and  having  been 
witnessed  by  Daniel  Ilorsmanden,  the  secretary  of  the  pro- 
vince, were  sent  on  the  23d  to  the  General  Assembly,  accompa- 
nied by  a  message  from  the  Lieutenant-Governor,  of  which  the 
following  is  a  copy : — 

"  Gentlemen  :  You  will  see,  with  just  indignation,  from  the 
papere  I  have  ordered  to  be  laid  before  you,  the  dangerous  state 
of  anarchy  and  confusion  which  has  lately  arisen  in  Cmnber- 
land  county,  as  weU  as  the  little  respect  whicli  has  been  paid  to 
the  provisions  of  the  Legislature,  at  their  last  sessions,  for  sup- 
pressing the  disorders  which  have  for  some  time  greatly  dis- 
turbed the  north-eastern  districts  of  the  county  of  Albany  and 
part  of  the  county  of  Charlotte,* 

"  You  are  called  upon,  gentlemen,  by  every  motive  of  duty, 
prudence,  poHcy,  and  humanity,  to  assist  me  in  applying  the 
remedy  proper  for  a  case  so  dangerous  and  alarming. 

"  The  neghgenoe  of  government  will  ever  produce  a  contempt 
of  authority,  and  by  fostering  a  spirit  of  disobedience,  compel, 
in  the  sequel,  to  greater  severity.  It  will  therefore  be  found  to 
be  not  only  true  benevolence,  but  also  real  frugality,  to  resist 
these  enormities  at  their  commencement ;  and  I  am  pereuaded, 
from  your  known  regard  to  the  dignity  of  government,  and 
your  humanity  to  the  distressed,  that  you  will  readily  strengthen 
the  hands  of  civil  authority,  and  enable  me  to  extend  the  suc- 
cour and  support  which  are  necessary  for  the  relief  and  protec- 
tion of  his  Majesty's  suffering  and  obedient  subjects,  the  vindi- 
cation of  the  honour,  and  the  proniotion  of  the  peace  and  felicity 
of  the  colony." 

The  message,  and  the  papers  connected  with  it,  were  referred 
to  the  consideration  of  a  committee  of  the  whole  house.  On  the 
30th,  the  house  resolved  itself  into  a  committee  of  that  nature. 
The  message  and  depositions  were  again  read,  and  the  Avitnesses 
were  re-examined.  By  a  vote  of  Iburteen  to  nine,  the  committee 
advised  that  a  provision  should  be  made  "  to  enable  the  inhabit- 


*  Reference  is  had  to  a  series  of  outrages  -which  had  been  committed  on  the 
New  York  settlers  residing  west  of  the  Green  Mountains,  by  Ethan  Allen,  Seth 
Warner,  and  the  "  Bennington  Mob,"  as  they  and  their  adherents  were  termed. 
See  Doc.  Hist.  N.  Y.,  iv.  891-903. 


238  HISTOET    OF   EASTERN   VEEMONT.  [17Y5. 

ants  of  tlie  county  of  Cumberland  to  reinstate  and  maintain  the 
due  administration  of  justice  in  that  county,  and  for  the  sup- 
pression of  riots."  The  Speaker  having  resumed  the  chair,  the 
chairman  of  the  committee  presented  his  report,  whereupon 
Crean  Brush  moved,  "  that  the  sum  of  one  thousand  pounds 
be  granted  to  his  majesty,  to  be  applied  for  the  purposes  enume- 
rated in  the  report."  A  stirring  debate  ensued,  but  the  mo- 
tion was  finally  carried,  twelve  voting  for  and  ten  against  it 
Every  Whig  member  present,  and  several  of  the  ministerial 
party,  voted  against  the  measure,  and  in  the  majority  of  two  the 
vote  of  the  Speaker  was  included. 

On  the  3d  of  April,  the  last  day  of  the  last  session  of  the  Ge- 
neral Assembly  of  the  province  of  New  York,  the  Ti-easurer  of 
the  Colony,  on  a  warrant  from  the  Lieutenant-Governor  or  the 
Commander-in-Chief,  and  by  the  advice  of  the  Council,  was 
directed  to  pay  the  sum  which  had  been  voted  for  the  benefit 
of  the  people  of  the  county.  Soon  after  this  approjDriation  had 
been  made,  some  of  the  officers  of  the  court  presented  an  account 
of  the  expenses  which  had  been  incurred  by  them  and  persons 
in  their  employ,  in  suppressing  the  disturbances  in  the  month 
of  March  previous.  By  an  order  of  the  Council,  the  sum  of 
one  hundred  and  ninety-two  pounds  nineteen  shillings  and  one 
farthing,  the  amount  claimed,  Avas  paid  to  Samuel  "Wells,  Wil- 
liam Paterson,  and  Samuel  Gale.  This  was  the  first  draft  made 
upon  the  funds  which  had  been  set  apart  for  such  purposes. 
Although  a  few  of  the  sufferers  were  reimbursed  by  the  appro- 
l^riation,  yet  the  general  effect  upon  the  county,  as  far  as  the 
control  of  the  conduct  of  the  inhabitants  was  concerned,  was 
scarcely  perceptible. 

In  presenting  to  Lord  Dartmouth  an  account  of  his  official 
conduct,  contained  in  a  report  dated  April  5th,  Lieutenant- 
Governor  Colden  referred  to  the  course  he  had  pursued  in 
endeavoring  to  protect  the  rights  of  the  crown  in  Cumberland 
county,  in  these  words :  "  It  was  necessary  for  me,  my  Lord, 
to  call  upon  the  Assembly  for  aid,  to  reinstate  the  authority  of 
government  in  that  county,  and  to  bring  the  atrocious  offend- 
ers to  punishment.  They  have  given  but  one  thousand 
j)Ounds  for  this  purpose,  which  is  much  too  small  a  sum ;  but 
the  party  in  the  Assembly  who  have  opposed  every  measui-e 
that  has  a  tendency  to  strengthen  or  support  government,  by 
working  on  the  parsimonious  disposition  of  some  of  the  country 
members,  had  too  much  influence  on  this  occasion.     I  am  now 


1775.]  LnrcT.-GOV.  colden's  dispatches.  239 

■waiting  for  an  answer  from  General  Gage,  to  Tvliom  I  have 
■vn-ote  on  this  affair  in  Cumberland.  By  his  assistance  I  hope  I 
shall  soon  be  able'  to  hold  a  court  of  Oyer  and  Terminer  in  that 
county,  where  I  am  assured  there  are  some  hundreds  of  the 
inhabitants  well  affected  to  government ;  and  that  if  the  debts 
of  the  people  who  have  been  concerned  in  this  outrage,  were 
all  paid,  there  woidd  not  be  a  sixpence  of  property  left  among 
them." 

Li  answer  to  the  request  of  Colden,  it  was  commonly  reported 
at  the  time,  that  Gage,  who  was  then  at  Boston,  sent  a  number 
of  arms  to  ISTew  York  by  a  vessel  named  "  the  King's  Fisher." 
"Whatever  may  have  been  the  fact,  "  the  affair  at  Lexington" 
diverted  the  attention  of  government  from  the  proposed  method 
of  re-establishing  the  authority  of  the  crown  in  the  interior  of 
the  province,  and  led  to  a  different  disposition  of  the  bayonets, 
at  whose  point  obedience  and  submission  were  to  have  been 
secured.* 

Inasmuch  as  the  inhabitants  of  Bennington  ajid  the  vicinity 
who  held  under  !N^ew  Hampshire,  had  for  some  years  previous 
been  engaged  in  quarrels  with  the  Kew  York  settlers,  there 
are  those  who  have  supposed  that  the  doings  at  Westminstei 
must  have  originated  in  disputes  regarding  the  titles  of  land. 
Tliis  opinion  is  veiy  erroneous.  Less  than  a  month  from  the 
time  of  the  affray,  Colden,  in  his  official  dispatches  to  Lord 
Dartmouth,  commenced  an  accomit  of  the  "  dangerous  insurrec- 
tion," by  declaring  that  a  number  of  people  in  Cumberland 
county  had  been  worked  up  by  the  example  and  influence  of 
]\Iassachusetts  Bay,  "  to  such  a  degree,  that  they  had  embraced 
the  dangerous  resolution  of  shutting  up  the  courts  of  justice." 
After  a  concise  description  of  attending  circumstances,  he  con- 
cluded in  these  words :  "  It  is  proper  your  Lordship  should  be 
informed,  that  the  inhabitants  of  Cumberland  county  have  not 
been  made  uneasy  by  any  dispute  about  the  Title  of  their  Lands. 
Those  who  have  not  obtained  Grants  mider  this  govermn', 
live  in  quiet  possession  under  the  grants  formerly  made  by  New 
Hampshire.  The  Eioters  have  not  pretended  any  such  pretext 
for  their  conduct.  The  example  of  Massachusetts  Bay  is  the 
only  reason  they  have  assigned.  Yet  I  make  no  doubt  they 
will  be  joined  by  the  Bennington  Rioters,  who  wiU  endeavor  to 

*  London  Documents,  in  office  Sec.  State  N.  Y.,  vol  xlv.     Doc.  Hist  N.  Y. 
iv.  915. 


240  HISTOBT   OF   EASTERN   VERMONT.  [1775. 

make  one  common  cause  of  it,  though,  they  have  no  coimection  but 
in  their  violence  to  Government."  An  opinion  like  this,  and  from 
such  a  source,  is  sufficient  to  show  that  the  causes  which  incited 
the  "  Benning-ton  Mob"  to  deeds  of  violence,  were  in  no  respect 
identical  with  those  which  determined  the  people  of  Cumber- 
land county  to  prevent  the  sittings  of  the  court. 

The  events  of  the  13tli  of  March  have  been  styled  in  these 
pages  a  mob,  a  riot,  and  an  affray,  names  chosen  by  the  crown 
adherents  to  express  their  idea  of  the  nature  of  the  transactions 
of  that  day.  The  term  "  massacre"  was  the  more  dignified 
title  employed  by  the  Whigs  to  convey  their  own  notions  of  the 
same  proceedings.  A  more  correct  conception  is  conveyed  in 
the  word  insurrection.  The  people  rose  against  civil  and 
political  authority,  and  in  so  doing  were  justified  on  principles 
which  do  not  admit  of  dispute.  An  examination  of  facts  will 
show  that  in  the  history  of  Cumberland  county — a  type  of  the 
history  of  the  colonies — there  were  present  the  three  conditions 
wliich  alone  can  justify  an  insurrection.  First,  there  was 
oppression  on  the  part  of  the  government  against  which  resist- 
ance was  finally  made ;  secondly,  every  peaceable  means,  by 
petitions  and  remonstrances,  for  removing  this  oppression,  had 
been  tried,  but  in  vain ;  thirdly,  forcible  measures  were  not 
resorted  to  until  the  probability  of  success  had  become  so 
strong  as  to  amount,  for  the  time  being,  almost  to  a  certainty. 
Trusting  thus  to  the  justice  of  their  cause,  and  to  the  favor  of 
Him  who  is  ever  ready  to  succor  the  o]3pressed,  these  deter- 
mined men  resolved  to  achieve  for  themselves  the  bless- 
ings of  independence,  and  laid  the  foundations  of  those  in- 
stitutions which  are  the  characteristics  of  a  republican  govern- 
ment. 

In  claiming  for  WiUiam  French  the  title  of  the  proto-martyr 
to  the  cause  of  American  liberty  and  of  the  Revolution,  it  may 
chance  that  but  few  will  be  found  willing  to  allow  him  such  an 
honor.  Lexington  and  Concord  point  witli  pride  to  their  battle- 
grounds, and  Charlesto%vn  boasts  of  her  Bunker  HiU,  on  whose 
top  towers  the  symbol  of  our  national  strength,  the  personifica- 
tion of  the  genius  of  America.  But  amid  these  noble  memories 
it  should  never  be  forgotten,  that  on  the  plains  of  Westminster 
the  cause  of  freedom  received  its  fii'st  victim,  and  that  in  his 
grave  were  buried  all  hopes  of  reconciliation  with  the  mother 
country. 

When  the  Grecian  waxrior  consulted  the  oracle  at  Delphi, 


iTTo.]  THE   PKOTO-MARTYK   OF   THE   RETOLUTION.  241 

wishing  to  know  whether  the  Athenians  or  Spartans  would  con- 
quer in  battle,  the  priestess  gave  answer  that  the  army  would 
be  victorious  in  which  a  soldier  was  first  slain ;  for  she  well 
knew  that  his  comrades  would  not  tire  in  the  struggle  until  the 
death  of  the  first  martyr  had  been  avenged  by  the  defeat  of  his 
and  his  country's  foes.  And  thus,  when  on  the  side  of  Liberty 
and  the  American  Colonies  the  proto-martyr  feU,  every  wound 
in  his  body  became  a  mouth  which  called  for  vengeance,  and 
jBrom  every  drop  of  blood  there  sprang  forth  a  hero,  not  in 
embryo,  but  armed,  to  battle  bravely  for  his  country.* 

•  Sec  Appendix  I. 


CHAPTER  X. 

THE   FIRST   TEAKS   OF   THE  EEVOLUTION. 

The  "  Friends  of  Liberty" — Patriotism  of  the  "  Guilfordites" — ^The  'Westminster 
Resolutions — The  New  York  Provincial  Congress — "  County  Congress  "  at 
Westminster — Deputies  from  Cumberiand  County — Proceedings  in  Gloucester 
County — Town  Associations  in  Behalf  of  Freedom — Efforts  to  Increase  the 
Military  Force  of  New  York — Convention  at  Westminster — The  Militia  of 
Cumberland  and  Gloucester  Counties — Troubles  Incident  to  the  Choice  of 
Officers — Efforts  to  allay  Discontent — Dorset  Convention — Loan  from  the  Pro- 
vincial Congress — Jacob  Bayley  chosen  Brigadier-General — Methods  of  Govern- 
ment adopted  in  the  absence  of  Fixed  Laws — Powers  of  the  Committee  of 
Safety  of  Cumberland  County — Instructions  to  Delegates — Letter  to  the  New 
York  Provincial  Congress — July  Meeting  of  Cumberland  County  Committee  of 
Safety — Name  of  New  York  Provincial  Congress  changed — Supplies  of  Gun- 
powder, Lead,  and  Flints — Value  of  Lead — P^angers — Joab  Hoisington's  Com- 
mission as  Major  of  the  Rangers — Under-Offieers  Nominated — Proposition  to 
make  the  "  Grants"  a  Separate  District — Views  of  the  Inhabitants  of  Cumber- 
land County  on  the  Subject — Stevens  and  Sessions's  Declarations  in  the  New 
York  Convention — Report  upon  the  Condition  of  Cumberland  County — Pre- 
parations to  meet  Gen.  Carleton — Divisions  in  the  Cumberland  County  Com- 
mittee of  Safety — Separation  from  New  York  inevitable. 

The  events  of  the  13th  of  March  were  an  expression  of  the 
disKke  of  the  majority  of  the  inhabitants  of  Cumberland 
county  to  the  pohcy  of  Great  Britain.  The  determination  mani- 
fested on  tliat  occasion  they  were  not  prepared  to  alter  in  the 
least,  unless  sufficient  reason  for  a  change  should  be  given.  The 
governmental  representatives  of  the  mother  country  on  their 
part  evinced  no  conciliatory  disposition,  and,  thenceforth,  oppo- 
sition to  oppression  was  the  guiding  principle  of  the  "  Friends 
of  Liberty."  Meetings  were  held  in  many  of  the  larger  towns, 
at  which  the  conduct  of  those  who  had  been  prominent  in 
stopping  the  courts  at  Westminster  was  highly  applauded.  A 
spirit  of  hearty  cooperation,  the  earnest  of  success,  was  every- 
where apparent.     Tliough   the  path  of  revolution  was  often- 


1775.]  PATRIOTISM    OF   THE    "  GUILF0KDITE5."  243 

times  shrouded  in  darkness,  yet,  from  that  period,  each  step  in 
it  was  a  step  forward. 

On  the  28th  of  March,  the  people  of  Guilford  assembled  in 
town  meeting  and  manifested  their  willingness  to  remain  under 
the  jurisdiction  of  New  York,  by  voting  that  they  would  "  be 
subject  to  the  laws  of  that  government"  to  which  they  had 
been  annexed  by  the  Crown.  At  the  same  time  they  directed 
the  town  committee  of  safety  to  decide  whether  those  who  had 
received  commissions  from  Governor  Tryon  should  retain  or 
resign  them.  On  the  7th  of  April  the  subject  was  taken  from 
the  hands  of  the  committee,  and  the  holders  of  the  obnoxious 
commissions  were  desired  to  return  them,  or  declare  their  prin- 
ciples in  such  a  manner  as  would  leave  no  doubt  of  their  posi- 
tion.* Concert  and  expeditiousness  in  action  were  then,  as  now, 
regarded  as  the  secrets  of  success.  It  was  the  acknowledgment 
of  this  truth  that  led  the  "  Guilfordites"  to  guard  against 
internal  division  and  petty  strife.  "  We  recommend  to  the 
inhabitants  of  this  town,"  said  they,  "  that  they  take  aU  proper 
measures  for  unity  one  with  another,  and  that  no  man  cast  any 
reflections  one  upon  another,  which  will  surely  create  discord 
and  disagreement ;  and,  by  dividing,  we  shall  surely  come  to 
destruction."  "  "We  recommend  to  the  people  as  aforesaid,  that 
every  person  hold  himself  in  an  habitual  and  actual  readiness 
on  any  emergency  whatsoever  ;  and  every  man  to  appear  at  a 
minute's  warning,  and  then  and  there  choose  oflicers  to  lead  us, 
according  to  the  instruction  of  our  elders  and  committee."t 

The  influence  of  Ethan  Allen  and  his  followers,  which  in 
Bennington  and  the  vicinity  had  led  the  settlers  under  New 
Hampshire  titles  to  maltreat  those  who  held  grants  from  New 
York,  began  now  to  exert  its  effect  on  the  other  side  of  the 
Green  mountains.  At  a  meeting  of  committees  from  Cumber- 
land and  Gloucester  counties,  held  at  Westminster  on  the  11th 
of  April,  resolutions  were  passed  which  bore  evidences  of  disaf- 
fection towards  the  colonial  government  of  New  York.     It  is 

*  "  Voted,  that  "we  recommend  to  all  those  Persons  in  this  Town  who  have  re- 
ceived Commissions  under  Governor  Tryon,  that  they  Resign  said  Commissions, 
or  Erase  their  names  out  of  a  Certain  Covenant,  Signed  by  the  body  of  the  People, 
to  mitigate  or  Soften  the  minds  of  the  People." — ^Votes  and  Proceedings  of  the 
Town  of  Guilford,  1775,  in  Brattleborough  Semi-Weekly  Eagle,  Thursday,  Jime 
20th,  1850. 

f  These  recommendations  were  passed  on  the  20th  of  April.  On  the  3d  of 
May  following,  the  people  assembled  again  in  town  meeting,  and  completed  the 
organization  of  the  town  militia,  by  the  appointment  of  oflBcers. 


24-i  HISTORY    OF   EASTERN    VERMONT.  [lT75. 

"  our  opinion,"  these  committees  declared,  "  that  our  inhabit- 
ants are  in  great  danger  of  having  their  property  unjustly, 
cruelly,  and  unconstitutionally  taken  from  them  by  the  arbitrary 
and  designing  administration  of  the  government  of  ISTew  York, 
sundry  instances  having  already  taken  place ;  that  the  lives  of 
those  inhabitants  are  in  the  utmost  hazard  and  imminent  danger 
under  the  present  administration,  witness  the  malicious  and 
horrid  massacre  of  the  13th  ultimo ;  that  it  is  the  duty  of  said 
inhabitants,  as  predicated  on  the  eternal  and  immutable  law  of 
self-j)reservation,  to  wholly  renounce  and  resist  the  administra- 
tion of  the  government  of  JSTew  York,  till  such  time  as  the  lives 
and  property  of  those  inhabitants  may  be  secured  by  it,  or  till 
such  time  as  they  can  have  opportunity  to  lay  their  grievances 
before  his  most  gracious  Majesty  in  Council,  together  with  a 
pro]3er  remonstrance  against  the  unjustifiable  conduct  of  that 
government,  with  an  humble  petition  to  be  taken  out  of  so  op- 
pressive a  jurisdiction,  and  either  annexed  to  some  other  govern- 
ment or  erected  and  incoi-porated  into  a  new  one,  as  may  appear 
best  to  the  said  inhabitants,  to  the  royal  wisdom  and  clemency, 
and  till  such  time  as  his  Majesty  shall  settle  this  controversy." 
In  connection  with  these  proceedings  Col.  John  Hazeltine, 
Charles  Phelps,  and  Col.  Ethan  Allen  were  appointed  to  pre- 
pare a  remonstrance  and  petition  embodying  the  sentiments 
entertained  by  the  committees.  Such  was  the  action  of  the  con- 
vention on  this  occasion.  But  when,  in  the  course  of  the  fol- 
lowing months,  it  was  ascertained  that  all  the  provinces  were  in 
a  similar  situation  on  account  of  the  tyranny  of  Great  Britain, 
the  inhabitants  of  the  two  counties  willingly  joined  with  the 
rest  of  the  inhabitants  of  New  York  in  aggressive  and  repulsive 
endeavor ;  and  it  was  not  until  the  idea  of  forming  the  New 
Hampshire  Grants  into  an  independent  state,  had  seized  upon 
the  mass  of  the  community,  that  they  ceased  to  cooperate  with 
the  province  to  which  they  rightly  belonged.  Even  then  there 
were  some  who  considered  themselves  as  subjects  of  New  York, 
and  these,  through  many  years  of  confiscation  and  statutory 
inhibition,  maintained  with  sacredness  their  allegiance  to  that 
state.* 

In  conformity  with  the  course  adopted  in  most  of  the  colonies, 
a  Provincial  Convention  was  held  in  the  city  of  New  York,  on 
the  20tli  of  April,  at  which  delegates  from  nine  counties  were 

*  Slade's  Vt.  State  Papers,  p.  60.  American  Archives,  Fourth  Series,  1776,  voL 
iL  col.  315. 


1775.]  THE   NEW   TOEK   PBOVrXCIAL   CONGEESS.  24:5 

in  attendance.  Cumberland  and  Gloucester  were  not  repre- 
sented. Tlie  session  lasted  three  days.  Soon  after  its  close 
circular  letters  were  dispatched  to  all  the  counties  in  the  pro- 
vince, notifying  the  project  of  establishing  a  Provincial  Congress. 
Pursuant  to  this  call,  deputies  from  difierent  parts  of  the  pro- 
vince assembled  at  the  Exchange  in  the  city  of  JSTew  York,  on 
the  22d  of  May,  and  on  the  following  day  a  Provincial  Congress 
was  formed,  and  Peter  Yan  Brugh  Livingston  was  elected  presi- 
dent. Owing,  in  a  measure,  to  the  sparseness  of  population,  the 
inhabitants  of  Cumberland  had  been  delayed  in  sending  dele- 
gates to  the  Convention.  For  the  purpose  of  obviating  any 
trouble  which  might  ensue  from  this  neglect,  a  "  County  Con- 
gress" was  convoked  at  Westminster,  on  the  6th  of  June.* 
Col.  Hazeltine,  who  was  chairman  on  this  occasion,  stated  that 
it  was  the  desire  of  the  committee  of  correspondence  in  the 
city  of  New  York  to  know  fully  the  sentiments  of  the  inhal^it- 
ants  of  the  county  "  with  regard  to  the  hostile  measures  that 
are  using  by  the  British  Parliament  to  enforce  the  late  cruel, 
unjust,  and  oppressive  acts  of  the  said  British  Parliament 
through  the  British  Colonies  in  America." 

In  answer  to  this  inquiry,  the  convention,  expressing  "  the  voice 
of  the  people,"  declared  by  their  resolutions  the  illegality  of 
the  acts  of  parliament  which  had  been  lately  passed  in  order  to 
raise  a  revenue  in  America,  and  denounced  them  as  opposed  to 
the  Bill  of  Kights  and  to  a  fundamental  principle  of  the  British 
Constitution,  which  did  not  allow  any  person  to  be  deprived  of 
his  property  without  his  consent,  unless  he  had  previously  for- 
feited it  by  his  misdeeds.  They  also  resolved,  in  conjunction 
with  their  brethren  in  America,  to  "  resist  and  oppose"  these 
obnoxious  acts  at  the  expense  of  their  "  lives  and  fortunes"  and 
"  to  the  last  extremity,"  provided  duty  to  God  and  their  coun- 
try should  require  it.  Tliey  expressed  their  acquiescence  in  the 
conduct  of  their  friends  in  the  city  of  New  York,  and  agreed 

*  At  a  previous  session  of  the  "  Congress,"  held  at  Westminster,  James  Clay, 
John  Barrett,  Solomon  Phelps,  and  Elkanah  Day  had  been  appointed  a  committee 
to  examine  into  the  monetary  affairs  of  the  county.  In  their  report,  rendered  on 
the  4th  of  June,  they  stated  that  it  would  be  necessary  for  those  towns  which  were 
yet  in  arrears  to  pay  iip  their  taxes  "  in  order  to  do  justice  to  the  treasurer,  Ben- 
jamin Burt,  and  committee  for  building  the  court-house  and  jail."  "  The  good 
people  of  the  county,"  observe  the  committee,  "  may  rely  upon  it,  that  said  money 
to  be  collected,  will  not  go  to  satisfie  the  demands  of  Samuel  Wells  and  Grean 
Brush,  Esquires,  but  it  will  be  put  to  the  real  interest  of  the  county,  in  paying  its 
just  debts." 


246  HISTORY    OF   EASTERN   VERMONT.  [1775. 

to  abide  bj  the  principles  whicli  they  had  taken  as  a  basis  of 
action.  In  view  of  the  "  very  broken  situation"  of  the  county, 
as  regarded  civil  authority,  they  asked  for  advice  from  the  Pro- 
vincial Congress,  touching  the  measures  which  would  be  potent 
in  restoring  "  order  and  regularity."  Owing  to  their  defence- 
less condition,  and  the  inefficiency  consequent  thereupon,  they 
desired  that  arms  and  ammunition  might  be  given  them.  "We 
liave,"  said  they,  "  many  brave  soldiers,  but,  unhappily  for  us, 
we  have  nothing  to  fight  with."  As  a  full  endorsement  of  the 
efforts  which  were  then  being  made  to  establish  concerted 
action.  Col.  John  Hazeltine  of  Townshend,  Dr.  Paul  Spooner 
of  Hertford,  and  Maj.  William  WiUiams  of  Westminster,  were 
chosen  delegates  to  represent  the  county  in  the  ISTew  York  Pro- 
vincial Congress.* 

Soon  after  their  appointment  they  proceeded  to  New  York  to 
engage  in  the  duties  incident  to  their  position.  They  were  the 
bearers  of  a  letter  from  Col.  Hazeltine  containing  an  account  of 
the  late  "  Congress."  This  communication,  fraught  with  patri- 
otic sentiments,  was  written  in  behalf  of  the  committees  who 
had  assembled  at  Westminster,  and  was  directed  to  Peter  Yan 
Brugh  Livingston,  the  president  of  the  Provincial  Congress. 
One  of  its  paragraphs  was  in  these  words: — "We  detest  and 
abhor  these  arbitrary,  t}Tannick,  and  sanguinary  measures,  which 
the  British  Parliament  are  most  industriously  pursuing  against 
the  American  Colonies,  in  order  to  dragoon  them  into  compli- 
ance with  certain  late  detestable  acts  of  Parliament  replete 
with  horrour,  and  repugnant  to  every  idea  of  British  freedom, 
and  which  have  a  direct  tendency  to  reduce  the  free  and  brave 
Americans  into  a  state  of  the  most  abject  slavery  and  vassal- 
age." "  You  may  rely  upon  it,"  observed  the  patriotic  writer, 
in  closing,  "  that  our  people  in  general  are  spirited,  resolute, 
and  active  in  the  defence  of  our  dear-bought  rights  and  liber- 
ties, and  will  not  flinch,  if  called,  generously  to  spill  our  blood 
to  oppose  and  resist  ministerial  tyranny  and  oppression." 

Another  letter  entrusted  to  the  delegates  contained  an  offer 
from  Maj.  William  Williams,  Maj.  Benjamin  Wait,  and  Capt. 
Joab  Hoisington,  the  last  two  of  Windsor,  to  serve  respectively 
as  Colonel,  Lieutenant-Colonel,  and  Major  of  a  regiment  of 
militia.     "  Glowing  with  true  martial  ardour,  and  willing,  with 

*  Journal  N.  Y.  Prov.  Cong.,  i.  1,  5,  7.  Am.  Arch.,  Fourth  Series,  1775,  voL  ii. 
cols.  851,  918,  919,  1'24:1,  12-12.  Credentials  of  Delegates,  in  office  Sec.  State, 
N.  Y.,  1775,  p.  103. 


1775.]  THE   NEW   TOKK   rKOVDfCIAL   CONGEESS.  247 

tlie  utmost  cheerfulness  and  alacrity,  to  unsheath  the  sword  in 
defence  of  the  lives  and  properties  of  the  good  people"  of  the 
"  ancient  and  truly  respectable  patriotick  colony  of  New  York ;" 
seeing  also  that  hostilities  had  already  commenced,  and  that  the 
sword  had  been  actually  drawn,  they  advised  the  formation  of  a 
regiment  "  of  good,  active,  enterprising  soldiers,"  in  order  "  to 
keep  imder  proper  subjection  regulars,  Roman  Catholicks,  and 
the  savages  at  the  northward,"  and  to  defend  their  own  rights 
and  privileges  "against  ministerial  tyranny  and  oppression." 
In  case  they  should  receive  the  appointments  for  which  they 
sought  in  the  proposed  regiment,  they  promised  to  be  "  entirely 
under  the  command  and  order  of  the  Provincial  Congress,"  and 
flattered  themselves  that  in  such  a  position  they  would  prove 
useful  instruments  in  serving  the  "  ancient  and  honourable 
colony  of  New  York."* 

Soon  after  the  circular  letter  of  the  Provincial  Convention  of 
New  York  was  received  in  Gloucester  county,  the  people 
assembled  and  chose  Jacob  Bayley  of  Newbury  to  represent 
them  in  the  Provincial  Congress.  On  the  29th  of  June  Bayley 
informed  the  Congress  by  letter  that,  on  account  of  the  great 
distance  between  Newbury  and  New  York,  and  the  exposed 
situation  of  the  northern  settlements,  his  friends  did  not  deem 
it  proper  for  him  to  attend  the  session  until  they  should  be 
"  prepared  to  meet  with  an  enemy  at  home."  A  county  com- 
mittee was  also  formed,  and  sub-committees  were  chosen  in  each 
town  and  precinct.  "  The  county  seems  to  be  very  well  united 
and  firm  in  the  cause  of  liberty,"  wrote  John  Taplin,  on  the 
15th  of  July,  "  and  I  make  no  doubt  but  they  will  cheerfully 
join  in  whatever  measures  and  directions  the  honourable  Con- 
gress may  point  out  from  time  to  time."t 

On  the  21st  of  June,  the  delegates  from  Cumberland  county 
took  their  seats  in  the  Provincial  Congress.  Hazeltine  remained 
only  three  days,  but  WilHams  and  Spooner  were  present  until 
the  close  of  the  session.  The  latter  gentlemen,  having  given 
previous  notice  of  their  intention,  laid  before  the  Congress  on 
the  7th  of  July,  an  account  of  the  condition  of  the  county  which 
they  represented.  The  nature  or  purport  of  their  remarks  is 
not  known,  but  from  a  minute  in  the  records  of  the  Congress,  it 
appears  that  when  they  had  concluded  their  observations,  a  com- 

*  Journal  N.  T.  Prov.  Cong.,  L  95;  il  53. 

f  Journal  N.  Y.  Prov.  Cong.,  il  50,  60.  Am.  Arch.,  Fourth  Series,  1175,  vol  ii. 
cols.  934,  935,  938,  939. 


2-iS  HISTOKT    OF   EASTERN   YEEMONT.  [1775. 

mittee  was  chosen  "  to  receive  information  of  the  members  of 
that  county  and  of  any  other  persons,  of  the  state  of  that  county, 
and  report  thereon  to  this  Congress."  The  Congress  adjourned 
on  the  8th  of  July,  but  a  committee  of  safety  was  chosen  to  act 
during  the  recess,  and  John  Morin  Scott  was  appointed  to  repre- 
sent Cumberland  county  in  the  absence  of  the  regular  delegates. 
He  was  present  but  twice  during  the  recess.  Fortunately  no 
business  was  transacted  which  demanded  his  especial  atten- 

t"  Ml.^- 

Meanwhile  the  dwellers  on  both  sides  of  the  Green  moun- 
tains were  endeavoring  to  enlist  soldiers  and  establish  an  effi- 
cient militia.  Means  were  also  taken  to  improve  every  oppor- 
tunity which  could  be  made  use  of,  to  advance  the  safety  of 
tlie  community.  The  committee  of  correspondence  in  the  town 
of  ISTorthfield,  Massachusetts,  informed  the  Council  at  Boston, 
on  the  26th  of  June,  that  there  were  "  two  small  cannon  be- 
longing to  the  Massachusetts  Bay"  at  Fort  Dummer,  which 
were  left  there  when  that  garrison  was  dismantled,  and  one  at 
Fort  Hinsdale.  Tliese  they  offered  to  convey  to  the  army  on 
the  western  frontier,  provided  ordnance  should  be  wanted  in 
tliat  section.  In  Townshend,  through  the  activity  of  Col.  John 
Hazeltine,  fifty-one  persons  signed  an  agreement  on  the  12th 
of  July,  binding  themselves  to  maintain  and  disseminate  the 
principles  of  American  liberty,  and  adopting  as  their  rules  of 
action  the  resolutions  passed  and  promulged  by  the  Continental 
Congress  during  the  months  of  September  and  October,  1774. 
A  similar  association,  with  the  same  number  of  members,  was 
formed  at  Springfield  on  the  26th  of  July,  and  on  the  31st  of 
the  sam'e  month  twenty-one  of  the  twenty-four  freeholders  of 
Weathersfield  united  in  completing  a  similar  organization.f 
About  the  same  period,  Capt.  Elisha  Benedict  of  Albany,  by 
the  direction  of  the  New  York  Provincial  Congress,  was  en- 
gaged in  forming  military  companies  in  Cumberland  county, 

*  Journal  K  Y.  Prov.  Cong.,  i.  49,  51,  69-71,  82,  86.  Am.  Arch.,  Fourth  Series, 
17*75,  vol.  ii.,  cols.  1309,  1314,  1345,  1348,  1777,  1793,  1798. 

f  In  Townshend  the  association  was  signed  by  all  the  citizens  then  in  the 
place.  Those  out  of  town  were  Samuel  Fletcher,  Benjamin  Moredock,  Oliver 
Moredock,  Aaron  Johnson,  Samuel  Parkis,  Thomas  Barns,  and  Ebenezer  Burt, 
who  were  "  in  the  service  at  Roxbury,  under  Gen.  AVashington."  The  names  of 
those  who  refused  to  sign  the  association  subscribed  in  Weathersfield,  were  John 
Marsh,  Joseph  Marsh,  and  John  Marsh,  Jr. — Associations  and  Miscellaneous  Pa- 
pers, in  office  Sec.  State  N.  Y.,  1775,  xxx.  56,  78,  140.  Journal  N„  Y.  Prov 
Cong.,  I  228. 


lYTo.]  A    MILITIA    BILL.  240 

which  were  to  be  comprised  in  two  regiments,  called  the  upper 
and  lower,  and  were  to  serve  in  the  provincial,  or,  as  it  was 
afterwards  designated,  the  state  line.* 

After  an  interval  of  nearly  three  weeks,  the  Pi'ovincial  Con- 
gress of  New  York  assembled  on  the  26th  of  July.  On  the 
same  day  a  convention  was  held  at  Westminster,  and  the  dele- 
gates from  Cumberland,  who  had  been  previously  appointed  to 
represent  that  county  in  the  Provincial  Congress,  were  impow- 
ered  to  act  singly,  "  in  as  ample  and  full  a  manner,"  as  if  all 
were  present.  With  a  certificate  to  this  efiect,  signed  by  James 
Clay,  the  temporary  chairman  of  the  convention,  William  Wil- 
liams appeared  in  Isew  York,  and  on  the  12th  of  August  took 
his  seat  in  the  Provincial  Congress  as  the  representative  from 
Cumberland.  In  order  to  make  the  military  force  of  the  pro- 
vince more  eftective,  a  militia  bill,  reported  by  Anthony  Hoff- 
man of  Dutchess  county,  was  adopted  by  the  Congress  on  the 
22d  of  August.  By  its  provisions,  the  whole  province  was  to 
be  divided  into  districts,  and  each  district  was  to  furnish  one 
company,  "  ordinarily  to  consist  of  about  eighty-three  able- 
bodied  and  effective  men,  officers  included,  between  sixteen 
and  sixty  years  of  age."  The  companies  were  to  be  formed 
into  regiments,  the  regiments  into  six  brigades.  One  of  these 
brigades,  the  sixth,  was  to  comprise  "  the  militia  of  the  counties 
of  Charlotte,  Cumberland,  and  Gloucester."f  On  the  2d  of 
September,  last  day  of  the  session,  the  gunpowder  which  had 
been  imported  and  was  then  in  store  for  the  use  of  the  pro- 
vince, was  divided  among  the  different  counties.  The  portion 
assigned  to  Cumberland  was  one  hundred  pounds.  During 
the  recess  which  followed  Williams  remained  in  New  York, 
and  was  a  member  of  the  committee  of  safety.     Tie  was  also 

*  Revolution,  Military,  in  office  Sec.  State  Mass.,  1115-MSS,  p.  270.  Am. 
Arch.,  Fourth  Series,  1775,  vol.  ii.,  col.  1796  ;  vol.  iii.,  col.  620.  Journal  N.  Y. 
Prov.  Cong.,  i.  84,  95 ;  ii.  53,  54,  68.  See  Appendix,  containing  a  List  of  the 
Civil  and  Military  Officers  of  Cumberland  and  Gloucester  Counties. 

f  An  imperfect  military  organization  had  been  effected  in  the  province  of  New 
York  before  the  passage  of  this  bill,  and  the  office  of  brigadier-general  for  the 
brigade,  which  it  was  then  in  contemplation  to  establish  in  the  north-eastern  part  of 
the  province,  had  been  offered  on  the  31st  of  M&j  previous,  to  Col.  James  Rogers 
of  Kent  (now  Londonderry).  He  refused  the  trust  "  upon  political  principles." 
He  afterwards  became  a  Tory  and  left  the  country.  His  possessions  in  Kent 
were,  in  the  year  1778,  confiscated ;  but  in  the  j-ears  1795  and  1797,  James  Ro- 
gers Jr.  obtained  from  the  Legislature  of  Vermont  possession  of  all  the  lands  in 
that  town  which  had  been  owned  by  his  father  and  were  then  unsold. — Journal 
N.  Y.  Prov.  Cong.,  ii.  32.    Thompson's  Vt.,  Part  HI,  p.  103. 


250  HISTORY    OF   EASTERN    VERMONT.  [1775. 

present  at  tlie  re-assembling  of  tlie  Provincial  Congress  on  the 
■itli  of  October,  but  it  does  not  appear  that  he  remained  through 
the  session.* 

By  a  resolution  of  the  Provincial  Congress,  passed  on  the 
ISth  of  October,  it  was  determined  that  that  body  should  an- 
nounce itself  dissolved  at  such  time  as  should  be  deemed  expe- 
dient, and  that  a  new  election  should  then  be  called  for  the 
choice  of  delegates  to  represent  the  province.  Tlie  dissolution 
took  place  on  the  4th  of  November,  and  the  7th  of  the  same 
month  was  set  apart  as  the  day  for  the  new  election.  In  Cum- 
berland county,  the  town  representatives  did  not  assemble  until 
the  21st.  The  convention  was  held,  as  on  former  occasions,  in 
the  county  hall  at  Westminster,  and  William  Williams  and 
Paul  Spooner  were  again  returned  as  delegates  for  the  county. 
On  the  14:th  of  I*^ovember,  the  day  on  which  the  newly-elected 
delegates  were  to  convene  in  the  city  of  J^ew  York,  it  was 
found  that  a  majority  of  tJie  counties  in  the  j^rovince  were  not 
represented.  For  the  purpose  of  maintaining  the  show  of 
authority,  informal  meetings  were  held  day  after  day.  Such 
letters  as  demanded  immediate  replies  were  answered,  and  de- 
spatches were  sent  to  different  parts  of  the  province,  entreating 
the  delegates  to  hasten  their  appearance,  in  order  that  "  the 
measures  necessary  to  be  carried  into  execution"  might  not  be 
longer  delayed  or  neglected.  The  Congress,  after  waiting  three 
weeks  for  a  quorum,  was  organized  on  the  6th  of  December, 
eight  counties  being  represented. 

Dr.  Spooner,  having  aj^peared  and  presented  his  credentials, 
was,  on  the  20th,  admitted  as  the  deputy  from  Cumberland, 
and  was  allowed  to  act  singly,  with  as  full  power  as  though  his 
colleague  were  also  in  attendance.  As  the  bearer  of  informa- 
tion concerning  the  military  affairs  of  his  district,  he  announced 
the  appointment,  by  the  committee  of  safety  for  Cumberland 
county,  of  Col.  James  Pogers  as  brigadier-general  for  the  bri- 
gade of  Cumberland,  Gloucester,  and  Charlotte  counties,  and 
recommended  certain  men  as  field  and  staff-officers  for  the 
militia  of  the  county  which  he  represented. 

Owing  to  the  readiness  manifested  in  different  parts  of  the 
province  to  second  the  views  of  the  Congress  in  the  organiza- 
tion of  the  militia,  the  plan  which  had  been  adopted  a  few 

*  Journal  K  Y.  Prov.  Cong,  i.,  87,  89,  105,  114,  135,  137,  139,  146,  163,  165, 
195,  197.  Am.  Arch.,  Fourtli  Series,  1775,  vol.  ii.,  cols.  1799,  1800;  vol.  iii. 
passim. 


1775.]  SPIRIT   OF   DISAFFECTIOX.  251 

months  previous  was  enlarged.  A  certain  numerical  rank  was 
assigned  to  the  militia  officers  of  each  of  the  fourteen  counties 
in  the  province.  The  rank  of  the  militia  officers  of  Cumberland 
was  the  twelfth,  and  of  Gloucester  the  fourteenth.  The  number 
of  brigades  was  increased  to  seven.  *Tlie  brigadier-general  of 
the  militia  of  the  counties  of  Cumberland,  Gloucester,  and 
Charlotte  was  announced  as  the  seventh  in  rank,  and  the  eighth 
in  command.  The  new  Congress  having,  on  the  22d  of  De- 
cember, decided  to  adjourn,  appointed  a  committee  of  safety, 
consisting  of  thirteen  members,  to  act  during  the  recess.  Of 
this  number.  Dr.  Spooner  was  one.* 

But  a  spirit  of  disaffection  had  already  begun  to  appear  in 
the  county.  On  the  6th  of  December,  a  number  of  the  inha- 
bitants of  Putney  sent  to  Kew  York  a  protest  against  the  pro- 
ceedings of  the  Westminster  convention,  at  which  field-officere 
were  nominated  for  the  proposed  regiments.  "  The  acts  of 
this  convention,"  said  they,  "  have  discovered  such  a  spirit  of 
ignorance  or  tyranny,  that  we  are  apprehensive  that  our  liber- 
ties, which  we  are  contending  for,  are  in  danger,  and  like  to  be 
wrung  out  of  our  hands,  by  nine  or  ten  arbitrary  men."  Tliey 
further  declared  that  the  convention  had  nominated  field-offi- 
cers who  had  ever  shown  "  an  inimical  spirit  to  the  liberties  of 
America,"  and  who  were  "  disagreeable  to  the  body  of  the  peo- 
ple." Tills  paper,  signed  by  thirty-one  persons,  was  followed 
by  another  from  "Westminster,  bearing  date  the  7th  of  Decem- 
ber, and  containing  expressions  of  a  similar  import.  The  latter 
document  set  forth  with  definiteness  the  situation  of  affairs  in 
the  county,  and  stated  that  John  Norton,  who  had  been  recom- 
mended as  first  major  of  the  lower  regiment,  had  often  disap- 
proved "  of  the  proceedings  of  the  colonies,"  and  was  held  in 
such  disfavor  that  neither  in  his  own  town,  that  of  Westminster, 
nor  in  any  other  where  he  was  known,  could  he  obtain  a  major- 
ity of  votes  from  the  people  for  any  office  in  the  American 
service.  Redress  of  grievances  of  this  nature  was  sought  for. 
Tlie  petitioners  based  their  plea  on  the  ground  of  necessity. 
"  Tyranny,"  said  they,  "  appears  so  evident  in  the  late  county 
convention  that  unless  a  stop  is  put  to  it  the  county  is  ruined." 
Of  a  like  nature  was  the  manifesto  dated  the  13th  of  December, 
and  signed  by  fifty-six  of  the  inhabitants  of  Dummerston.     In 

*  Journal  N.  Y.  Prov.  Cong.,  L  180,  195,  197,  199,  205,  226,  228-231 ;  iL  99. 
Am.  Arch.,  Fourth  Series,  1715,  voL  iiu  coL  1330. 


252  HISTORY   OF   EASTERN   VERMONT.  U-^^^j  1TT6. 

this,  tliey  denounced  the  proceedings  of  the  convention,  and 
declared  the  choice  of  tield-officers,  which  had  been  made  by 
the  town  delegates  on  that  occasion,  "  an  infringement  on  the 
rights  of  the  people."  This  position  was  supported  by  the  fact 
that  out  of  the  twenty-one  delegates,  who  were  entitled  to  seats 
in  the  convention,  only  nine  were  present,  and  of  this  number 
seven  were  in  nomination  for  military  offices.  John  ISTorton 
was  referred  to  as  one  who  was  "  universally  known  to  be  in 
opposition  to  the  plan  of  liberty,"  and  it  was  stated  that  other 
candidates  had  been  presented  for  election,  who  were  "  much 
suspected  of  being  unfriendly  to  the  liberties  of  America."* 

A  letter  from  Samuel  Stevens  of  Charlestown,  New  Hamp- 
shire, to  the  secretary  of  the  New  York  Congress,  written  on 
the  IStli  of  December,  at  the  suggestion  of  some  of  the  inhabit- 
ants of  Cumberland  county,  verified  the  accounts  which  had 
been  sent  from  the  towns  of  Putney,  Westminster,  and  Dum- 
mei*ston.  In  this  communication  he  requested  that  no  commis- 
sions should  be  given  to  any  persons  in  either  of  the  proposed 
regiments,  until  a  candid  expression  "  of  the  minds  of  the  people, 
with  respect  to  the  several  nominations  and  appointments  made 
by  their  county  congress  and  committee  of  safety,"  should  be 
presented.  An  exception,  however,  was  made  in  favor  of  those 
persons  who  had  been  chosen  in  the  month  of  June  previous, 
when  the  views  of  the  people  were  seconded  by  the  action  of 
the  delegates  at  the  county  "  Congress." 

On  the  4th  of  January,  1776,  during  the  recess  of  the  Pro- 
vincial Congress,  the  subject  of  the  militia  was  taken  up  in  the 
provincial  committee  of  safety,  of  ^vhich  Dr.  Spooner,  of  Cum- 
berland county,  was  a  member.  As  no  objection  had  been 
oftered  to  the  officers  who  had  been  nominated  for  the  upper 
regiment  and  for  the  regiment  of  minute  men,  they  were  pre- 
sented with  commissions,  signed  by  Pierre  Yan  Cortlandt,  the 
chairman,  and  John  McKesson,  the  secretary  of  the  committee. 
A  recommendation  was  at  the  same  time  given  to  the  commit- 
tees of  Cumberland,  Charlotte,  and  Gloucester  counties,  to  the 
effect  that  they  should  join  in  the  nomination  of  a  brigadier- 
general,  and  report  their  choice  "  with  all  convenient  speed." 
The  committee  of  Cumberland  county  were  ordered  to  return 
to  the  Provincial  Congress  a  list  of  the  officers  of  the  county 
militia,  under  the  rank  of  field-officers,  who  had  been  or  might 

*  Am.  Arch.,  Fourth  Scries,  1775,  vol.  iii.  cols.  429-481. 


1776.]  LETTER    TO   THE   COMMITTEE.  253 

be  elected  pursuant  to  the  resoh^es  of  the  Congress,  and  "  with 
intent  to  remove  all  ground  of  disquiet  in  the  minds"  of  the 
persons  who  belonged  to  the  lower  regiment,  the  committee  of 
the  county  were  requested  to  meet  and  nominate  such  field- 
officers  for  that  regiment  as  should  be  deemed  "  best  qualified 
for  the  service  of  their  country."  The  people  of  the  county 
were  also  informed,  that,  in  case  no  nomination  should  be  made 
by  their  immediate  representatives  in  county  convention,  the 
ofiicers  of  the  lower  regiment  would  be  aj^pointed  by  the  Pro- 
vincial Congress  or  committee  of  safety. 

To  accompany  this  manifestation  of  the  views  entertained  by 
the  chief  men  of  the  province,  a  letter  exhortatory  in  tone  and 
earnest  in  phraseology  was,  on  the  19th  of  January,  addressed 
to  the  committee  of  Cumberland  county.  Sorrow  on  account  of 
the  "jealousies  and  divisions"  which  disturbed  the  county  was 
plainly  ex]3ressed  in  this  communication,  and  surprise  was  shown 
that  greater  readiness  had  not  been  evinced  to  engage  in  behatf 
of  the  cause  of  American  liberty.  "  "We  entreat,  we  pray,  and  we 
obtest  you,"  wrote  the  provincial  committee,  "  as  you  tender  not 
only  3^our  own  welfare  and  happiness,  but  also  the  success  of  the 
American  colonies  in  their  present  struggle  for  liberty,  that  you 
exert  yourselves  to  put  an  amicable  period  to  all  dissensions  in 
your  county,  and  bring  about  a  perfect  union  among  the  inha- 
bitants ;  and  for  this  purpose  that  you  cause  a  large,  respect- 
able county  committee  to  be  elected  in  your  county,  if  that  has 
not  already  been  done.  Let  every  son  of  freedom  employ  his 
utmost  eiforts  that  our  attachment  to  the  rules  of  Congress,  our 
military  subordination  and  skill,  according  to  their  plan  and 
directions,  and  our  attachment  to  good  order  and  government 
may  distinguish  us  from  our  enemies,  as  much  as  the  glorious 
cause  we  are  engaged  in."  Dr.  Spooner,  having  obtained  leave 
of  absence,  was  directed  to  carry  this  letter  to  his  constituents, 
and  was  also  desired  to  deliver  the  commissions  to  those  per- 
sons to  whom  they  had  been  assigned.  Supplied  with  money 
from  the  treasury  of  the  Provincial  Congress,  he  departed,  on 
the  10th  of  January,  in  the  hope  of  being  able  to  "  restore  una- 
nimity and  harmony"  among  those  whom  he  represented.* 

The  spirit  which  had  actuated  the  conduct  of  the  people  west 
of  the  Green  mountains,  previous  to  the  year  1775,  and  which 
for  more  than  a  year  had  lain  dormant,  began  now  to  manifest 

*  Journal  K  T.  Prov.  Cong.,  i.  237,  238,  242,  243;  ii  148. 


254:  HISTOBT    OF   EASTEKN    VERMONT.  [17Y6. 

its  presence  in  a  less  violent  but  more  determined  manner.  A 
convention  was  called  at  Dorset,  on  the  16tli  of  January,  for  the 
purpose  of  proposing  and  adopting  measures  to  advance  the 
interests  of  those  dwelling  between  Lake  Champlain  and  Con- 
necticut river.  But  few,  if  any,  from  either  Cumberland  or 
Gloucester  county  were  present.  A  petition  addressed  to  John 
Hancock,  the  President  of  the  Continental  Congress,  was  pre- 
pared, and  persons  were  appointed  to  carry  it  to  Philadelphia, 
The  boon  sought  for  by  the  petitioners,  was  that  they  might  be 
ordered  to  "  do  duty  in  the  Continental  service  if  required,"  as 
inhabitants  of  the  New  Hampshire  Grants,  and  not  as  inhabit- 
ants of  the  Province  of  New  York,  or  as  "subject  to  the  limi- 
tations, restrictions,  or  regulations,"  of  the  militia  of  that  pro- 
vince.* 

Soon  after  the  views  of  the  Provincial  Congress  had  been 
made  known  in  Cumberland  county,  a  convention  of  the  town 
committees  of  safety  was  called  at  Westminster,  on  the  1st  of 
February,  and  Benjamin  Carpenter,  of  Guilford,  was  placed  in 
the  chair.  The  meeting  was  conducted  in  such  a  manner  as 
was  deemed  most  suitable  for  establishing  "  peace,  harmony, 
and  unanimity,"  in  the  county.  The  field-officers  for  the  lower 
regiment  were  selected,  and  in  making  the  choice,  regard  was 
had  to  the  conduct  which  the  candidates  had  displayed  when  the 
disposition  to  be  freed  from  the  encroachments  of  Great  Britain 
became  first  apparent.  A  few  days  later,  returns  were  made  to 
Benjamin  Carpenter  from  several  of  the  towns  in  the  southern 
part  of  the  county,  of  the  election  of  militia  officers,  and  this 
information  was,  on  the  6th  of  February,  communicated  to  the 
Provincial  Congress. f 

The  delegates  from  Cumberland  county  to  the  Provincial 
Congress,  which  assembled  in  Febiiiary,  1776,  were.  Col.  Joseph 
Marsh,  of  Hartford,  and  WiUiam  "Williams.  The  former  waa 
absent  during  the  whole  of  the  session,  and  the  latter  did  not 
present  himself  at  New  York  until  the  24th  of  February.     The 

*  This  petition  was  read  in  Congress,  on  the  8th  of  May,  and  was  referred  to  a 
committee  for  examination.  Their  report,  read  ou  the  30th,  recommended  sub- 
mission to  the  government  of  New  York  for  the  present,  and  at  the  close  of  the 
war,  a  reference  of  the  whole  subject  to  proper  judges,  whose  determination 
should  be  final  and  conclusive.  Permission  was  granted  to  Heman  Allen,  on  the 
4th  of  June,  to  withdraw  the  petition. — Journals  Am.  Cong.,  i.  337,  360,  364. 
Slade's  Vt.  State  Papers,  pp.  61-65. 

f  See  Appendix,  containing  a  List  of  the  Civil  and  Miutabt  Officers  op 

CUMBEBLAND    AND    GLOUCESTER    COUNTIES. 


177G.]  A  LOAN.  255 

nominations  of  field  and  militia  officers  which  had  been  made 
both  by  the  representatives  of  the  people  of  Cumberland,  and  by 
the  people  themselves,  having  been  presented  by  him,  on  the  2Gt]i 
of  February,  were  received  and  approved  of,  and,  on  the  1st  of 
March,  commissions  were  ordered  to  be  issued  for  those  persons 
whose  names  had  been  returned.  He  was  also  the  bearer  of  a 
letter  from  the  county  committee  of  safety,  in  which  they  avowed 
their  inability  to  fm-nish  their  delegate  with  the  money  "  neces- 
sary to  supply  his  present  necessities."  In  this  emergency, 
Peter  Yan  Brugh  Livingston,  the  treasurer  of  the  Provincial 
Congress,  was  ordered  to  "  advance  on  loan  to  Major  William 
"Williams,  on  the  credit  of  the  Cumberland  county  committee, 
in  general,  and  of  Benjamin  Carpenter,  the  chairman  of  the  said 
committee,  in  particular,  and  Major  Williams  therein  named, 
the  sum  of  £40,  to  be  repaid  in  such  manner  as  this  or  some 
future  Provincial  Congress  or  committee  of  safety  shall  direct." 

The  sum  of  £4,800  was,  on  the  13th  of  March,  distributed 
among  the  diiferent  counties,  as  a  loan,  to  enable  them  to  defray 
the  expenses  contingent  upon  war  and  government.  The  share 
of  Cumberland  county  was  but  £100,  and  from  this  sum  the 
£40  which  had  been  advanced  to  Major  Williams,  and  the  £20 
which  Dr.  Spooner  had  borrowed  on  a  former  occasion,  were 
deducted.* 

Although  several  attempts  had  been  made  to  choose  officei's 
for  the  brigade  which  comprised  the  counties  of  Cumberland, 
Gloucester,  and  Charlotte,  yet  these  attempts  had  thus  far 
proved  futile.  As  a  last  resort,  a  circular  letter  was  sent  to  the 
committees  of  safety  in  each  of  the  three  counties,  notifying  the 
time  and  place  of  a  meeting  for  the  purpose  of  completing  the 
general  military  organization  of  that  section  of  the  province. 
Three  representatives  from  each  of  the  committees  of  safety 
of  the  two  first-mentioned  counties  were  in  attendance  at 
Windsor  on  the  22d  of  May,  the  day  specified  in  the  notifica- 
tion; but  no  delegates  from  Charlotte  county  were  present. 
The  nominations  were  made,  therefore,  by  six  men,  and  Col. 
Jacob  Bayley,  of  Newbury,  and  Simon  Stevens,  of  Sj)ringfield, 
were  recommended  to  the  Provincial  Congress  as  worthy  and 
acceptable  candidates  for  the  respective  ofiices  of  Brigadier- 
General  and  Brigade-Major.f     It  was  not  deemed  proper, 

*  Journal  K  Y.  Prov.  Cong.,  i.  293,  S2],  324,  331,  856;  ii.  122. 
\  An  acccunt  of  this  meeting  was  forwarded  to  the  New  York  Provincial  Con- 
gress, by  Col.  Joseph  Mai'sh,  one  of  the  deputies  from  Cumberland  county. 


256  HISTORY    OF   EASTERN   VERMONT.  [1776. 

lio-wever,  to  sanction  appointments  of  so  high  importance  without 
first  obtaining  the  sentiments  of  all  the  parties  interested.  For 
this  reason,  the  Provincial  Congress,  on  the  17th  of  June,  ordered 
a  copy  of  the  proceedings  of  the  committees  who  had  made  the 
nominations  to  be  forwarded  to  the  committee  of  Charlotte 
county,  with  a  request  that  they  would  return  an  answer  decla- 
rative of  their  wishes  in  the  premises.  Further  action  was  post- 
poned until  a  reply  should  be  received.  The  necessity  of  per- 
fecting the  military  arrangements  of  the  county  was,  however, 
apparent.  By  the  late  resolves  of  the  Continental  Congress, 
'New  York  had  been  ordered  to  raise  three  thousand  men  to 
reinforce  the  American  army  in  her  own  province,  and  seven 
hundred  and  fifty  to  reinforce  the  army  in  Canada.  Of  this 
latter  number,  the  quota  assigned  to  Cumberland  county,  on 
the  7th  of  June,  was  one  hundred  and  twenty -five,  and  to  Glou- 
cester, seventy-five.  To  hasten  the  work  of  enlistment,  a  bounty 
of  $4  each  was,  on  the  9th,  ofiered  to  the  non-commissioned 
officers  and  privates  of  the  battalions  which  were  to  be  sent  to 
Canada.  The  money  intended  for  this  purpose  was  placed  by 
the  treasurer  of  the  Provincial  Congress,  in  the  hands  of  a 
committee  of  payment.* 

In  perusing  the  history  of  the  counties,  towns,  and  villages 
of  the  American  colonies,  during  the  earlier  period  of  the 
revolutionary  war,  one  is  often  inclined  to  inquire  as  to  the 
manner  in  which  civil  government  was  conducted,  and  the 
means  which  were  taken  to  enforce  the  execution  of  laws  in 
the  absence  of  executive  power.  The  object  of  the  American 
people  in  opposing  Great  Britain,  it  may  be  answered,  was  to 
free  themselves  from  an  unjust  government,  not  to  shake  off  or 
disown  the  obligations  of  law,  morality,  or  religion.  "When  the 
majority  of  the  inhabitants  of  a  village,  town,  or  county  had 
declared  their  unwillingness  to  obey  rulers  appointed  by  the 
King  or  subject  to  his  dictation,  village  inspectors  were  elected, 
and  town  and  county  committees  of  safety  were  chosen.  To 
them  questions  were  referred,  which  in  a  better  regulated  state 
of  society  would  have  been  presented  in  a  court  of  law.  By 
their  decisions  there  was  generally  a  readiness  to  abide.  If 
any  one  wished  to  appeal  to  the  bar  of  public  opinion,  his  fel- 
low-townsmen were  sure  to  decide  the  appellant's  case  by  the 
principles  of  equity  rather  than  of  law. 

*  Journal  N.  T.  Prov.  Cong.,  i.  483,  488,  496  ;  ii.  201. 


17T6.] 


MEETING   OF   THE   COMMITTEE   OF   SAFETY. 


257 


In  Cumberland  county  the  people  of  each  town  chose  their 
own  committee  of  safety,  and  each  town  committee  sent  dele- 
gates to  sit  in  the  committee  of  safety  for  the  county.  In  this 
manner  had  the  affairs  of  the  county  been  conducted  for  more 
than  a  year.  At  the  meeting  of  the  county  committee  held  at 
"Westminster  in  the  court-house,  which  continued  from  the  11th 
to  the  21st  of  June,  IVVG,  thirty-four  delegates  from  twenty 
towns  were  in  attendance.*  Capt.  James  Clay  was  placed  in  the 
chair,  and  Dr.  Elkanah  Day  was  chosen  clerk.  Business  which 
had  been  laid  on  the  table  at  previous  meetings  was  on  this 
occasion  taken  up  and  received  final  action.  One  man,  who 
had  been  abusing  his  neighbor's  wufe,  was  by  the  decree  of  the 
committee  committed  to  prison.  Another,  who  like  a  second 
Naboth  was  suffering  from  the  covetousness  of  some  townsman 
Aliab,  was  quieted  in  the  enjoyment  of  his  possessions.  Persons 
of  doubtful  political  principles  were  examined,  and  disputes 
between  contending  parties  were  settled.  Ignoring  the  princi- 
ples of  democratic  equality,  the  committee  resolved  that  eveiy 
person  who  bore  the  suflix  of  "  Gentleman,"  by  civil  or  mili- 
tary commission,  should  be  exempted  from  "  general  training." 
The  public  accounts  of  the  county  were  examined  by  a  special 
committee.  An  attempt  was  made  to  improve  the  condition 
of  the  treasury  by  urging  upon  the  collectors  of  taxes  the  im- 
portance of  attending  to  their  duties.  The  real  estate  of  every 
male  between  sixteen  and  sixty  was  estimated  at  ten  pounds. 


Brattleborough, 

Chester, 

Draper, 

Dummerston, 

Guilford, 

Halifax, 

Hertford, 

Hinsdale, 

Kent,     . 

Marlborough, 

Newfane, 

Pomfret, 

Putney, 

Rockingham, 

Springfield, 

Townshend, 

Weathersfield, 

Westminster, 

Windsor, 

Woodstock,  . 


Israel  Smith,  John  Sergeants. 
Jolm  Chandler,  George  Earl. 
Elijah  Alvord,  John  Gibbs. 
Joseph  Hildreth,  Ebenezer  Haven. 
Israel  Gurley,  Samuel  Nichols 
William  Williams. 
Jonathan  Burk. 
John  Bridgman,  Arad  Hunt. 
Edward  Aiken,  2d. 
Jonathan  Warren, 
Luke  Knowlton. 
John  Winchester  Dana. 
James  Clay,  Lucas  Wilson. 
William  Simons,  Ebenezer  Fuller. 
Simon  Stevens,  Jerathmiel  Powers. 
Joseph  Tyler,  Samuel  Fletcher. 
Israel  Burlingame,  William  Upham. 
John  Norton,  Elkanah  Day. 
Ebenezer  Hoisington,  Ebenezer  Curtis, 
John  Strong,  Benjamin  Emmons. 

17 


258  HI8T0KT   OF   EASTERN   VEEMONT.  [1776, 

Persons  were  appointed  to  ascertain  the  valuation  of  the  sale- 
able estate  of  each  town,  and  make  return  thereof.  Commit- 
tees were  chosen  to  draft  replies  to  letters  which  had  been  re- 
ceived from  the  Provincial  Congress,  and  to  carry  into  execu- 
tion the  resolves  which  had  passed  that  body  relative  to  the 
militia  of  the  province.  An  unsuccessful  attempt  was  made  to 
re-imprison  some  of  the  persons  who  had  been  engaged  in  the 
"  Westminster  Massacre,"  and  had  been  released  under  bonds  ; 
and  other  matters,  some  trivial  and  many  important,  occupied 
the  attention  of  the  county  committee  of  safety. 

Measures  were  also  taken  to  pei'fect  the  organization  of  the 
minute-men  of  the  county,  and  to  raise  soldiers  for  the  Canada 
service.  To  eftect  the  latter  object  the  colonel  of  the  lower 
regiment,  and  one  sub-conniiittee  man  from  each  town  compre- 
hended in  that  regiment  district,  were  desired  to  assemble  and 
appoint  one  captain  and  two  Ueutenants,  as  officers  of  such  men 
as  might  enlist  for  the  northern  expedition.  A  similar  request 
was  also  proffered  to  the  colonel  of  the  U23per  regiment,  and  times 
and  places  for  meeting  were  agreed  upon.  In  compliance  with 
the  requisition  contained  in  a  handbill  directed  to  the  committee, 
an  election  for  delegates  to  the  ISTew  York  Provincial  Congress 
was  held  at  the  same  time,  and  Joseph  Marsh,  John  Sessions, 
and  Simon  Stevens  were  chosen  to  represent  the  county  from 
the  second  Monday  in  July  following.  Ebenezer  Hoisington, 
John  Sergeants,  and  John  Chandler,  who  had  been  previously 
appointed  to  prepare  instructions  for  the  guidance  of  the  dele- 
gates, then  presented  their  report,  which  was  read  by  para- 
graphs, and  deliberately  adopted  as  expressive  of  the  sentiments 
of  the  committee  and  of  the  people  whom  they  represented. 
Tlie  instructions  were  in  these  words  : — 

"  Gentlemen, — Having  received  a  handbill  from  the  Honour- 
able Provincial  Congress,  recommending  to  the  inhalntants  of 
the  county  to  choose  delegates  and  invest  them  [with]  power 
to  establish  a  form  of  government,  tfec.  We,  the  committee 
for  this  county,  being  warmly  attached  to  the  noble  cause  of 
liberty,  and  ardently  desirous  to  have  the  foundation  of  govern- 
ment so  laid,  that  the  liberties  of  the  people,  both  civil  and 
religious,  may  forever  remain  sacred  and  inviolate — we  think 
it  our  indispensable  duty  to  give  you  the  following  instruc- 
tions ;  and  reposing  the  highest  confidence  in  your  honour  and 
integrit}^,  do  rely  upon  it,  that  you  will,  to  the  utmost  of  your 
power,  endeavour  to  carry  the  same  into  execution.     We  trust 


1776.]  INSTEUCTIONS   TO   TIIE  DELEGATES.  259 

the  Honourable  Congress  will  be  very  far  from  passing  ceusm-e 
on  us  for  being  thus  jealous  of  our  liberties,  especially  when 
they  consider  that  in  times  past  this  county  has  been  much 
imposed  upon,  in  having  certain  foreigners  put  into  high  places 
of  emolument  and  honour,  to  the  great  grief  of  virtuous  and 
honest  men. 

"  First ;  we  instruct  you  to  use  your  influence  to  establish  a 
government  in  this  colony  agreeable  to  the  maxim,  viz.  that  all 
civil  power  (under  God)  is  originally  in  the  people,  and  that 
you  in  no  instance,  in  your  publick  capacity,  will  do  anything 
to  abridge  the  people  of  this  fundamental  right.  We  further- 
more beg  leave  to  say  that,  in  our  opinion,  the  representatives 
duly  chosen  in  the  several  counties  in  this  colony,  when  con- 
vened at  ]!^ew  York,  to  all  intents  and  purposes  have  full 
power  of  legislation,  and  that  it  would  greatly  abridge  the  peo- 
jDle  of  their  right  should  the  representatives  presume  to  make 
choice  of  a  Governor  [and]  Lieut.-Governor  to  act  and  transact 
business  independent  of  the  people. 

"•  Second ;  that  you  use  your  best  influence  in  Congress  to 
adopt  such  a  code  of  laws,  whereby  the  liberty,  property,  and 
everything  dear  to  the  inhabitants  of  this  colony  and  America 
in  general,  shall  be  founded  on  a  permanent  basis — a  few  of 
which  laws,  we  humbly  beg  leave  to  suggest,  might  be  made  or 
enacted,  viz.  laws  for  establishing  religion  and  literature  so  that 
ministers  of  the  gospel  may  be  supported,  and  schools  set  up, 
which  must  have  a  tendency  to  promote  virtue  and  good 
manners. 

"  Third  ;  we  think  it  Avould  much  conduce  to  the  happiness  of 
this  county,  to  have  a  court  of  justice,  as  soon  as  may  be,  pro- 
perly organized,  to  take  cognizance  of  all  criminal  actions.  At 
the  same  time,  we  desire  that  men  of  character,  integrity,  know- 
ledge, and  virtue,  w^lio  belong  to  our  own  county,  may  sustain 
the  ofiices  in  such  an  important  department.  The  ancient  trial 
by  jury  we  have  a  great  veneration  for.  It  is  a  noble  barrier 
against  tyranny.  In  order  that  our  future  courts  may  be  sup- 
plied with  grand  jurors,  we  humbly  request  that  the  Honoura- 
ble Congress  would  adopt  the  following  method  for  this  county, 
viz.  that  each  town  through  the  county  at  their  annual  meetings 
shall  elect  their  proportion  of  men  who  shall  serve  as  grand 
jurors  the  ensuing  year,  and  that  their  names  shall  be  properly 
returned  in  the  clerk's  ofiice,  in  order  that  the  jury  when  so 
chosen  may  inform  the  advocates  who  shall  prosecute  criminal 


260  HISTORY   OF   EASTERN   VERMONT.  [1776» 

actions,  of  all  misdemeanors  in  the  county,  passing  within  their 
knowledge.  The  petit  jurors,  in  like  manner,  we  would  be  glad 
might  be  chosen  annually,  and  that  their  names  being  em'olled 
may  be  returned  in  the  clerk's  office,  and  when  so  returned  may 
be  drawn  by  lot  for  the  service  of  the  ensuing  year.  The  gen- 
tlemen of  the  law  (if  they  should  be  thought  necessary)  we 
hope  may  be  men  of  integrity,  learning,  and  ability.  In  a  par- 
ticular manner  we  desire,  and  insist  on  it,  that  no  freeholders  or 
men  of  interest  in  a  civil  action  on  the  first  process  shall  be 
apprehended  by  capias^  but  that  they  may  be  summoned  ac- 
cording to  ancient  usage ;  excepting  under  certain  circum- 
stances, when  there  is  not  a  sufficiency  of  estate  to  answer  debt 
and  cost ;  that  constables  as  well  as  sheriffs  may  have  power  to 
serve  all  processes ;  that  all  deeds  may  be  recorded  by  the  town 
clerk  in  each  town ;  that  attorneys'  fees  and  all  other  exorbi- 
tant fees  maybe  lowered  and  reduced  to  the  standard  of  justice. 

"  Lastly  ;  we  beg  leave  to  suggest  that,  in  our  opinion,  a  fre- 
quent change  of  magistrates  tends  to  prevent  corruption,  and 
keep  up  that  equality  of  mankind  in  which  by  natui'e  we  are 
all  formed.  Therefore,  we  humbly  request  we  may  be  indulged 
in  this  particular.  We  desire  that  each  town  in  this  county 
may  nominate  their  own  justices,  and  that  they  may  not  be 
appointed  without  such  nomination.  That  justice,  religion,  and 
virtue  may  prevail  in  this  colony,  and  that  peace  and  tran- 
quility may  be  restored  through  America,  is  the  sincere  desire 
of  the  committee  of  safety  for  Cumberland  county."* 

Such  were  the  terms  in  which  were  conveyed  ideas,  honor- 
able both  to  those  who  suggested  and  to  those  who  adopted 
them — ideas,  which,  in  their  execution,  contemplated  the  es- 
tablishment of  those  principles  which  regulate  communities 
and  exalt  nations.  Another  important  toj)ic  discussed  on  this 
occasion,  was  that  relative  to  the  right  of  the  New  Hamp- 
shire Grants  to  secede  from  New  York.  Several  of  the  mem- 
bers, representing  a  large  constituency,  favored  a  union  with 
Massachusetts.  Owing  to  this  cause,  a  letter  addressed  to 
the  members  of  the  Provincial  Congress  was  prepared  on  the 
21st  of  June,  and  the  representatives  of  the  county  were 
desired  to  deliver  it  at  New  York.  The  views  advanced  in 
this  communication  were  expressed  in  these  words : 

*  MS.  records  Cumberland  Co.  Com.  Safety.  In  connection  with  the  propo- 
sitions suggested  by  the  committee  of  safety  and  narrated  in  the  text,  they  also 
expressed  a  desire  that  a  court  of  Probate  might  be  established  in  the  county. 


ITTG.J  LETTER   TO   THE   PKOVINCIAL  CONGRESS.  261 

"  Upon  the  receipt  of  handbills  from  you,  sent  to  us,  purport- 
ing the  expediency  of  instituting  civil  government  according  to 
the  exigencies  of  the  county,  the  major  part  of  the  people  have 
agreed  thereto,  and  have  elected  their  delegates,  and  empow- 
ered them  with  their  authority,  to  agree  with  you  in  forming  a 
mode  of  government  independent  of  the  Crown,  in  the  most 
mild,  just,  and  equitable  manner  possible,  for  regulating  their  in- 
ternal police,  and  for  the  preservation  of  the  rights,  liberties,  and 
pro]3erty  of  the  people.  This  power  is  subjected,  nevertheless, 
to  those  regulations,  conditions,  and  restraints  herewith  trans- 
mitted you  by  the  hands  of  the  delegates  of  this  county  ;  to  all 
which  they  are,  by  their  constituents  in  the  premises,  limited 
and  restrained  in  such  manner,  that  if  they  break  over  and  vio- 
late those  sacred  instructions  herewith  sent  you  in  behalf  of  us 
and  our  constituents,  in  matters  of  such  infinite  importance  and 
delicacy,  the  county  committee  declare,  in  behalf  of  the  free, 
patriotic  people  thereof,  that  they  mean  to,  and  hereby  do 
resolve,  to  reserve  to  themselves  the  full  liberty  of  an  absolute 
disavowance  thereof,  and  of  every  clause,  article,  and  para- 
graph of  such  an  institution. 

"  Also,  it  is  hereby  acceded  to,  and  fully  meant  and  mtended 
by  the  good  people  of  the  county,  that  they,  notwithstanding 
this  compliance  with  the  requisition  of  the  said  handbills  above 
mentioned,  so  directed  to  us  for  the  purposes  aforesaid,  have 
fully  and  absolutely  reserved  to  themselves  and  their  heirs,  ifec, 
tlie  full  liberty  of  pursuing  their  former  petition  in  behalf  of 
the  i^eople,  prepared  some  years  ago,  and  referred  to  the  great 
and  General  Assembly  of  the  ancient,  ever  respectable,  and 
most  patriotic  government  of  the  Massachusetts  Bay  province, 
that  the  whole  district  described  in  the  said  petition,  may  be 
hereafter  reunited  to  that  province ;  and  reserving  to  themselves 
also  the  right  of  offering  their  pleas,  arguments,  and  proofs,  m 
full,  to  effect  a  reimion  thereof,  to  that  ancient  jurisdiction,  for 
those  important  reasons  to  be  adduced  when,  where,  and  before 
whom  the  parties  concerned  shall  be  admitted  to  offer  the 
same." 

This  letter  was  signed  by  James  Clay,  chairman  of  the  com- 
mittee, and  was  attested  by  the  clerk.  As  soon  as  the  majorit}' 
of  the  members  had  assented  to  it,  Elkanah  Day,  John  Eridg- 
man,  and  John  Norton,  entered  their  protest  against  the  decla- 
rations and  assertions  which  it  embodied ;  and  when,  shortly 
after,  it  was  carried  to  New  Tork,  their  names  appeared  among 


262  mSTOKY   OF   eastern   VERMONT.  [1776. 

tlie  opposition.  Botli  of  these  productions,  neither  of  them 
especially  remarkable  for  beauty  of  expression  or  grammatical 
accuracy,  were  of  great  weight  in  regulating  the  future  conduct 
of  the  Provincial  Congress,  with  respect  to  Cumberland  and 
Gloucester  counties.* 

At  another  meeting  of  the  committee,  which  commenced  on 
the  23d  of  July  and  ended  on  the  26th,  the  attendance  was  not 
as  great  as  on  former  occasions.  Eighteen  delegates  were  pre- 
sent from  fifteen  towns.  Several  questions  respecting  the  well- 
being  of  the  county  were  entertained.  Some  of  them  received 
final  action.  The  further  consideration  of  others  was  postponed. 
In  a  case  of  bastardy  which  was  reported  to  the  committee,  the 
defendant  gave  bonds  in  the  sum  of  £50  to  answer  the  com- 
plaint which  would  be  made  against  him  at  the  expiration  of 
a  certain  specified  time.  One  man  who  had  been  arrested, 
charged  with  counterfeiting  the  colonial  bills,  was  released. 
Another,  who  had  been  imprisoned  for  the  same  crime,  was 
tried,  and,  although  not  declared  guilty,  the  circumstances  con- 
nected with  the  case  were  ordered  to  be  published  in  "  the 
gazette,"  and  the  prisoner  was  required  to  discharge  the  costs 
of  the  suit  as  the  condition  of  his  release.  The  words,  "  paid 
up,"  which  appear  at  the  foot  of  the  record,  are  evidence  that 
the  prisoner  was  glad  to  escape  on  the  terms  prescribed.  To  a 
widow  who  sought  to  be  avenged  of  her  adversary,  the  com- 
mittee lent  a  willing  ear  and  a  helping  hand.  The  doughty  old 
soldier  of  Dummerston,  Lieut.  Spaulding,  was  cited  to  answer 
"  for  his  conduct  in  taking  Col.  "Wells  by  military  force,  that 
mode  of  proceeding  being  contrary  to  the  minds"  of  the  com- 
mittee. Polite  and  valiant,  his  apologies  were  ample,  and  the 
complaint  was  dismissed.  To  ensure  safety,  a  quantity  of 
powder  which  had  been  lately  received,  was  dejDOsited  in  one 
of  the  jail  rooms  of  the  court  house,  and  a  sergeant  and  four 
privates  were  detailed  to  guard  it  by  night,  and  a  sergeant  and 
two  privates  by  day.  That  they  might  not  want,  "  I^ecessary 
vittling  and  half  a  pint  of  rum  to  Each  man  once  in  twenty- 
four  hours"  were  supplied.  When  a  proportionate  division  of 
the  powder  was  ordered,  it  was  ascertained  that  the  share  of  the 
lower  regiment  was  eleven  hundred  and  ninety  pounds,  and 
of  the  upper  regiment,  six  hundred  and  ten  pounds.f   The  detec- 

*  Journal  N.  Y.  Prov.  Cong.,  i.  587  ;  ii.  272. 

f  From  this  statement,  it  would  seem  that  the  committee  of  safety  were  in 
possession  of  eighteen  hundred  pounds  of  gunpowder.     The  quantity  appropriated 


1776.]       THE  NEW  YORK  PROVINCIAL  CONGRESS.         263 

tion  of  spies  and  informers  being  regarded  as  especially  desir- 
able, "  the  utmost  protection"  of  the  committee  was  promised 
to  the  person  who  should  give  information  of  "  any  criminal 
correspondence"  carried  on  between  any  of  the  inhabitants  of  the 
county  "  and  the  Eang's  officers  in  the  army  at  Canada."  From 
the  abstract  of  the  records  of  the  county  committee  of  safety 
which  has  been  given  in  the  preceding  pages,  an  idea  may  be 
formed  of  the  powers  which  were  lodged  in  that  body  ;  powers 
civil,  military,  legislative,  executive,  and  judicial.* 

At  the  commencement  of  the  session  of  the  ISTew  York  Pro- 
vincial Congress,  on  the  9th  of  July,  Simon  Stevens  and  John 
Sessions  were  in  attendance.  They  were  afterwards  joined  by 
Joseph  Marsh,  and  Cumberland  county  was  for  several  months 
well  represented  in  the  Congress.  During  the  remainder  of  the 
year,  the  meetings  of  the  Congress  were  rotatory.  Yielding  to 
the  necessity  of  the  times,  the  members  assembled  either  at 
White  Plains,  "  in  the  church  at  Harlem,"  at  Kingsbridge,  "  at 
the  house  of  Mr.  Odell"  on  Philipse's  Manor,  or  in  the  Episcopal 
or  Dutch  church  at  Fishkill,  these  being  places  which  afforded 
the  greatest  facilities  for  the  transaction  of  business,  and  at  the 
same  time  permitted  communication  with  the  American  army. 
On  the  second  day  of  the  session,  the  title  of  the  body  was 
changed  by  a  resolution,  from  that  of  "  The  Provincial  Congress 
of  th'e  Colony  of  N'ew  York,"  to  that  of  "  Tlie  Convention  of 
the  Eepresentatives  of  the  State  of  New  York."  Tliis  alteration 
was  adopted  to  prevent  the  recurrence  of  mistakes  which  had 
already  been  made  by  confounding  the  Congress  of  New  York 
with  the  Congress  of  the  United  States.  It  was  also  significant 
of  the  times,  for  the  idea  of  subjection  conveyed  by  the  word 
colony  was  not  to  be  found  in  the  word  state,  and  the  dropping 
of  the  word  provincial,  removed  whatever  else  there  was  in  the 
former  name  suggestive  of  the  supremacy  of  Great  Britain. 

Supplies  of  gunpowder  had  already  been  voted  to  Cumber- 
land and  Gloucester  counties.  For  the  purpose  of  rendering 
their  situation  more  secure,  the  Convention  directed  the  com- 
missary, Peter  T.  Curtenius,  to  deliver  to  John  Sessions,  three 

to  Cumberland  county  by  the  New  York  Provincial  Congress,  on  the  30th  of 
June,  1776,  was  ten  barrels,  of  one  hundred  and  fifty  pounds  each,  and  to  Glouces- 
ter county,  on  the  same  occasion,  ten  barrels  of  one  hundred  pounds  each.  Under 
date  of  July  10th,  1776,  it  was  stated  that  Col.  Marsh  would  convey  the  powder 
to  its  destination,  "  via  Connecticut  river." — Journal  N.  Y.  Prov,  Cong.,  i.  511, 519. 
*  MS.  records  Cumb,  Co.  Com.  Safety. 


264  HISTOKY   OF   EASTERN   VERMONT.  [1776. 

thousand  pounds  of  lead  for  the  use  of  the  county  of  Gloucester, 
and  four  thousand  five  hundred  pounds  of  the  same  metal  for 
the  use  of  the  county  of  Cumberland.  Mr.  Sessions  was  desired 
to  forward  the  lead  to  the  general  committees  of  the  two  coun- 
ties "  in  the  most  safe  and  expeditious  manner,"  and  the  com- 
mittees were  required  "  to  attend  carefully  to  the  disposition"  of 
this  supply  among  the  militia  for  whose  use  it  was  intended.* 
Attention  was  then  directed  to  the  adoption  of  means  for  de- 
fending the  northern  and  western  portions  of  the  state.  Exj^osed 
to  the  inroads  of  the  Indians,  some  of  the  inhabitants  of  the  more 
distant  sections  of  Albany  county,  and  many  of  the  inhabitants 
of  Tryon,  Charlotte,  Gloucester,  Cumberland,  Ulster,  and  Orange 
counties,  had  already  removed  into  the  interior,  and  others  were 
preparing  to  change  their  place  of  residence  as  soon  as  they 
could  select  more  secure  localities.  To  prevent  these  removals, 
and  to  afford  protection  against  the  savages,  the  Convention  re- 
solved, on  the  23d  of  July,  to  raise  ranging  parties  in  the  above 

*  Of  the  value  of  lead  during  the  revolution,  and  of  the  means  which  were 
sometimes  resorted  to,  to  procure  it,  some  opinion  may  be  formed  from  the 
annexed  extracts,  from  the  Journal  of  the  New  York  Provincial  Congress : 

"March  25th,  1776.  Ordered,  That  Mr.  Samuel  Prince  be  and  he  is  hereby 
authorized  to  employ  proper  mechanics  for  that  purpose,  and  to  take  the  leads 
out  of  the  window-cases  of  the  City  Hall  of  this  city,  and  also  out  of  the  Exchange 
in  this  city  of  New  York ;  to  keep  an  account  of  the  weight  of  lead  taken  out 
of  each  building  separately,  that  the  weight  of  lead  taken  out  of  each  may  be 
known,  and  that  Mr.  Prince  cause  the  said  lead  to  be  delivered  to  Mr,  Curtenius, 
or  his  order."     i.  384. 

"  June  29th,  1776.  Whereas,  it  has  been  represented  to  this  Congress  that  lead 
will  speedily  be  wanted  for  the  use  of  the  army  in  the  defence  of  this  city  and 
Colony:  Therefore, 

"  Resolved,  That  Messrs.  Daniel  Dunscombe  and  Samuel  Prince  be  requested  and 
authorized,  and  they  are  and  each  of  them  respectively  is  hereby  authorized,  and 
empowered,  and  requested  to  take  to  their  assistance  such  persons  as  they  may 
think  proper,  and  forthwith  to  cause  all  the  lead  of  the  windows  in  this  city,  and 
also  all  the  leaden  weights,  (except  such  small  weights  as  are  in  use  in  the  course 
of  trade,)  to  be  collected  and  delivered  to  Peter  T.  Curtenius,  Esqr.,  for  the  use 
of  this  Colony,  taking  his  receipt  for  the  same  ;  that  a  particular  account  be  kept 
of  the  lead  taken  out  of  each  house,  in  order  that  the  respective  proprietors  may 
receive  compensation  for  the  same."     i.  511. 

"July  1 1th,  1776.  Resolved,  That  the  general  committee  of  the  county  of  Tryon, 
be  and  they  hereby  are  authorized  and  requested  to  employ  proper  persons  to 
take  the  leaden  weights  out  of  all  the  windows  in  the  said  county,  and  apply  so 
much  thereof  as  may  be  immediately  necessary,  to  the  use  of  the  militia  of  the 
said  county ;  that  an  exact  account  be  kept  of  the  quantity  taken  from  each  house, 
to  the  end  that  payment  may  be  hereafter  made  for  the  same  ;  and  that  the  said 
committee  do  transmit  an  account  thereof  to  this  Convention  with  all  convenient 
speed."  I  521. 


177G.]  OKGANIZATION   OF   RANGING   COMPANIES.  265 

named  counties,  to  scour  tlie  woods  and  expel  tlie  Indians  who 
infested  tliem.  Cumberland  and  Gloucester  were  ordered  to 
raise,  together,  two  hundred  and  fiftj-two  men,  "for  the  joint 
defence  of  both  counties,"  This  force  was  to  be  divided  into 
four  companies,  and  each  company  was  to  consist  of  one  captain, 
two  lieutenants,  three  sergeants,  three  corporals,  and  fifty-four 
privates.  The  commissioned  officers  were  to  be  nominated  by 
the  mutual  consent  of  the  committees  of  both  counties,  and  it 
was  recommended  that  they  should  be  "persons  of  sober  and 
active  dispositions."  The  command  of  the  companies  was  vested 
in  a  major,  to  be  appointed  by  the  Convention.  This  officer  was 
required  to  "  march  to  the  relief  of  any  of  the  neighboring  coun- 
ties or  states,  upon  a  mutual  application  from  the  county  commit- 
tees of  such  respective  counties  or  states,  or  upon  an  application 
from  the  continental  officer  commanding  in  the  northern  depart- 
ment." A  provision  was,  however,  inserted,  by  which  "  the  con- 
tinental officer"  was  not  permitted  to  order  the  companies  beyond 
the  limits  of  the  counties  of  Cumberland,  Gloucester,  and  Char- 
lotte. Tlie  pay  of  the  officers  and  j^rivates  was  the  same  as  that 
of  the  continental  troops.  A  bounty  of  $25  was  allowed  to  each 
non-commissioned  officer  and  private  "  upon  his  passing  muster."'^' 
In  lieu  of  rations,  a  certain  sum  was  paid,  weekly,  in  the  follow- 
ing ratio.  To  each  captain,  16s. ;  to  each  lieutenant,  14s. ;  and 
to  each  non-commissioned  officer  and  private,  10s.  Tlie  officers 
and  privates  were  required  to  furnish  themselves  each,  "  with  a 
good  musket  or  firelock,  powder-horn,  bullet-pouch  and  toma- 
hawk, blanket  and  knapsack."  Such  were  the  more  striking 
features  in  the  organization  of  the  ranging  companies,  as  after- 
wards established  in  the  counties  of  Cumberland  and  Gloucester. 
Tlie  plan  adopted  for  the  other  counties  in  the  state,  did  not 
dififer  from  that  above  detailed,  except  in  a  few  unimportant 
particulars.  On  the  day  following  the  passage  of  these  mea- 
sures, Joab  Hoisington,  of  Windsor,  on  the  recommendation 
of  the  members  from  Cumberland  county,  was  unanimously  ap- 
pointed by  the  Convention  to  the  office  of  "  major  of  the  rangers," 
and  the  secretary  was  ordered  to  prepare  his  commission.f 

*  By  a  subsequent  resolution,  one  half  of  this  sum  -was  to  be  paid  "  to  every 
able  bodied  man"  who  should  pass  muster  ;  the  other  half  as  soon  as  "  the  first 
muster  roll  of  every  company  "  should  be  received  by  the  Convention.  For  the 
pajTnent  of  the  first  half  of  the  bounty,  the  simi  of  £1200  ■was  advanced  to  the 
deputies  of  Cumberland  county. — Journal  N  .Y.  Prov.  Cong.,  i.  539,  640. 

f  As  the  style  of  this  commission  is  somewhat  novel,  a  copy  of  it  is  here 
inserted. 


266  HISTORY   OF   EASTERN   VEEMONT.  [1776. 

In  consequence  of  tliis  organization,  the  Convention  ordered 
Mr.  Curtenius  to  deliver  to  Messrs.  Marsli,  Stevens,  and  Ses- 
sions, "for  the  use  of  the  rangers  and  inhabitants"  of  Cumber- 
hmd  and  Gloucester  counties,  the  supply  of  lead  which  had 
l»een  previously  allotted  to  these  counties.  The  deputies  were 
also  supplied  with  two  thousand  flints,  and  the  treasurer  of  the 
state  was  directed  to  advance  the  sum  of  seventy  pounds  to 
enable  those  gentlemen  to  transport  the  lead  and  flints  to  the 
counties  for  which  they  were  intended.  By  the  provisions  of 
the  militia  bill,  passed  on  the  22d  of  August,  1775,*  the  sixth 
brigade  of  the  militia  of  the  province  comprised  the  counties 
of  Charlotte,  Cumberland,  and  Gloucester.  For  the  conve- 
nience of  all  concerned,  this  brigade  was  divided  and  another 
arrangement  was  effected.  The  militia  of  Charlotte  county 
were  formed  into  one  brigade,  and  the  militia  of  Cumberland 
and  Gloucester  into  another.  Of  the  latter  Jacob  Bayley,  of 
jS'ewbury,  was  appointed  brigadier-general,  and  Simon  Stevens, 

"  In  Convention  of  the  Representatives 
of  the  State  of  New  York. 
"  To  Joab  Hoisington,  Esqr.,  Greeting : 

"  Whereas,  this  Convention  did  on  the  23d  day  of  July  inst.  direct  and  order 
the  raising  and  embodying  two  hundred  and  fifty-two  men,  officers  included,  in 
the  counties  of  Gloucester  and  Cumberland,  for  the  joint  defence  of  both  coun- 
ties, and  of  the  neighbouring  counties  and  States,  to  be  divided  into  four  compa. 
nies,  to  be  under  the  command  of  a  major : 

"  Now,  therefore,  we,  the  representatives  of  the  State  of  New  York,  reposing 
especial  trust  and  confidence  in  your  patriotism,  martial  valour,  vigilance,  conduct, 
and  fidelity,  do  by  these  presents  constitute  and  appoint  you  to  be  major  of  the 
said  four  companies  of  rangers,  so  to  be  raised  as  aforesaid,  for  the  defence  of  Ame- 
rican liberty,  and  for  repelling  every  hostile  invasion  thereof  You  are,  therefore, 
carefully  and  diligently  to  discharge  the  duty  of  major  by  doing  and  performing 
all  manner  of  things  thereunto  belonging;  and  we  do  strictly  charge  and  require 
all  officers  and  soldiers  under  your  command  to  be  obedient  to  your  orders  as 
major ;  and  you  are  to  observe  and  follow  such  orders  and  directions  from  time  to 
time  as  you  shall  receive  from  this  or  a  future  Convention  of  the  State  of  New 
York,  or  the  Congress  of  the  United  States  of  America,  or  Commander-in-Chief 
for  the  time  being  of  the  army  of  the  United  States  of  America,  or  any  other,  your 
superior  officers,  according  to  the  rules  and  discipline  of  war,  in  pursuance  of  the 
trust  reposed  in  you. 

"  This  commission  to  continue  in  force  until  the  end  of  the  present  war,  imless 
sooner  revoked  by  the  Congress  of  the  United  States  of  America,  or  the  Conven- 
tion or  Legislature  of  the  State  of  New  York. 

"  Dated  at  White  Plains,  in  Westchester  county,  the  twenty-fourth  day  of  July, 
one  thousand  seven  hundred  and  seventy-six. 

"  By  order  of  the  Convention." 
—Journal  N.  Y.  Prov.  Cong.,  i.  540,  541. 

*  See  ante,  p.  249. 


1776.]  JOINT   MEETING   OF   COMMITTEES.  267 

of  Si'tringfield,  major.*  Altliongli,  on  account  of  their  poverty, 
tlie  inhabitants  of  Cnmberhand  county  -were  unable  to  give  but 
little  pecuniary  assistance  towards  carrying  on  the  war,  yet  the 
state  of  New  York  did  not  on  this  account  withhold  from  them 
her  aid.  The  return  which  they  made  by  levies  of  men  was,  it 
is  true,  a  partial  recompense  for  the  means  of  defence  with 
which  they  were  furnished.  But  there  was  wanting  on  their 
part  the  spirit  of  hearty  co-operation,  a  spirit  without  which 
division  is  made  certain  and  defeat  invited.f 

As  soon  as  the  resolutions  of  the  Convention  in  regard  to  the 
ranging  companies  had  been  officially  published,  a  joint  meet- 
ing of  the  committees  of  Cumberland  and  Gloucester  counties 
was  notified  for  the  purpose  of  nominating  the  commissioned 
officers.  Pursuant  to  the  notification,  thirteen  members  of  the 
two  committees  assembled  at  the  town-house  in  "Windsor  on 
the  6th  of  August.  In  settling  preliminaries,  it  was  agreed  that 
three  of  the  captains  and  four  of  the  lieutenants  should  be 
inhabitants  of  Cumberland  county,  and  the  remainder,  one 
captain  and  four  lieutenants,  from  Gloucester  county.  Tlie  ap- 
pointments from  the  former  comity  having  been  made,  it  was 
thought  best,  on  account  of  the  small  attendance  from  Glou- 
cester county,  to  call  another  meeting  before  completing  the  list 
of  officers.  This  sentiment  was  favorably  received,  and  a  com- 
mittee of  four  from  Cumberland  county  were  instructed  to 
co-operate  with  the  general  committee  of  Gloucester  county  in 
making  the  remaining  nominations.  In  the  course  of  the  fol- 
lowing week  the  business  was  completed,  and  return  was  made 
to  jMajor  Hoisington  that  he  might  obtain  the  necessary  com- 
missions from  the  New  York  Convention.:}: 

*  The  original  MS.  commission  of  Major  Simon  Stevens,  is  now  in  the  possession 
of  the  Hon.  William  M.  Pingry. 

f  Journal  N.  Y.  Prov.  Cong.,  i.  515,  519,  621,  638-540,  543,  651,  552. 

X  Much  dissatisfaction  seems  to  have  prevailed  at  the  time  as  to  the  manner  in 
which  the  meeting  at  Windsor  was  conducted.  By  the  records  of  the  committee 
it  appears  that  thirteen  members  were  present.  Another  account  states  that  ten 
only  were  present,  of  which  number  nine  were  from  Cumberland,  and  one  from 
Gloucester  county.  James  Clay,  who  was  chairman  on  the  occasion,  was  uuwill 
ing  to  proceed  with  business,  not  only  on  account  of  the  smallness  of  the  attend- 
ance, but  also  on  account  of  the  shortness  of  the  time,  six  days,  which  had  inter- 
verned  between  the  time  of  notification  and  the  time  of  meeting.  Tliese  objec- 
tions were,  however,  overiniled  by  Major  Hoisington,  who  declared  that  a  quo 
rum  was  not  necessary  to  transact  the  business  for  which  tliey  had  assembled. 
The  title  of  Major,  it  is  evident,  was  peculiarly  flattering  to  the  vanity  of  Hoi- 
eington.     The  power  with  which  it  invested  him,  namely,  the  direction  of  two 


268  HISTORY   OF   EASTEEiSr   VEEMONT.  [1776. 

The  dissatisfaction  with  the  jurisdiction  of  ]S^ew  York,  which 
on  the  western  side  of  tlie  Green  mountains  had  again  become 
prevalent,  was  now  beginning  to  sliow  itself  in  another  quarter. 
At  a  meeting  which  had  been  held  at  Dorset,  on  the  24th  of 
July,  on  which  occasion  fifty-one  delegates  from  thirty-five 
towns  were  present,  a  resolution  had  been  passed,  one  member 
only  dissenting  therefrom,  that  "suitable  applications"  should 
be  made  to  obtain  the  formation  of  the  ^N^ew  Hampshire  Grants 
"  into  a  separate  district."  By  another  resolution,  a  committee 
had  been  appointed  "  to  treat  with  the  inhabitants  on  the  east 
side  the  range,"  for  the  purpose  of  obtaining  their  consent  to 
this  project.  An  association  had  been  formed,  expressive  of 
the  views  of  the  mountaineers  on  the  subject  of  the  war,  and 
an  adjourned  m'eeting  had  been  agreed  on.'^ 

When  the  committees  of  Cumberland  and  Gloucester  counties 
assembled  at  Windsor,  on  the  6th  of  August,  as  previously  men- 
tioned, to  nominate  officers  for  the  ranging  companies,  Heman 
AUen,  Jonas  Fay,  and  William  Marsh,  the  Dorset  committee, 
were  also  present.  Various  papers  were  read  by  them  bearing 
upon  the  subject  of  a  separate  jurisdiction  ;  the  boundaries  of  a 
new  state  were  described ;  and  the  approbation  of  the  commit- 
tees was  sought  to  the  projects  of  the  Dorset  convention.     In 

hundred  and  fifty-two  men,  led  him  to  utter  many  indiscreet  words,  and  to  per- 
form not  a  few  injudicious  actions.  When,  on  one  occasion,  he  received  orders 
from  General  Gates,  to  the  effect  that  Capt.  Wait's  company,  belonging  to  the 
ranging  service,  should  guard  the  Crown  Point  road,  which  extended  from  Con- 
necticut river  to  Lake  Champlain,  he  replied,  falsely,  that  the  rangers  were  not 
raised  for  such  service,  and,  disregarding  the  order,  wrote  for  his  men  to  march 
immediately  to  Newbury,  where  he  was  then  stationed. 

The  names  of  the  officers  nominated  to  take  the  command  in  the  ranging  ser- 
vice were  read  in  the  New  York  Convention  on  the  2Gth  of  September,  1776,  and 
•were  "before  the  house  several  days.  On  the  loth  of  October  commissions  were 
granted,  and  on  the  '23d  tlie  officers  were  "sworn  to  the  faithful  discharge"  of 
their  respective  duties. — MS.  Records  Cumb.  Co.  Com.  Safety.  Miscellaneous  Pa- 
pers in  office  Sec.  State  N.  Y.,  xxxiv.  587  ;  xxxv.  315 ;  xxxvL  191,  205,  206,  212, 
213,  218,  239.  Journal  N.  Y.  Prov.  Cong.,  i.  646,  647,  659,  669;  ii.  214.  See 
Appendix,  containing  a  List  of  the  Civil  and  !Mii.itaev  OifFicEBS  of  Cumbekland 
AND  Gloucester  Counties. 

*  The  agreement  entered  into  on  this  occasion  was  in  these  words : — 
"  We,  the  subscribers,  inhabitants  of  that  district  of  land  commonly  called  and 
known  by  the  name  of  the  New  Hampshire  Grants,  do  voluntarily  and  solemnly 
engage  under  all  the  ties  held  sacred  among  mankind,  at  the  i-isk  of  our  lives  and 
fortunes,  to  defend  by  arms  the  United  American  Colonies  against  the  hostile 
attempts  of  the  British  fleets  and  armies,  until  tlie  present  unhappy  controversy 
between  the  two  countries  shall  be  settled." — Journal  N.  Y.  Prov.  Cong.,  ii.  311 
MS.  Records  of  Chester. 


1776.]  VARIOUS   TOWN-IIEETINGS.  269 

support  of  the  proposed  measures  Mr.  Allen  told  Mr.  Clay  that 
he  had  consulted  with  "several  members  of  the  Continental  Con- 
gress who  had  recommended  to  him  and  his  coadjutors  to  ascer- 
tain the  feelings  of  the'^'^ieople  concerning  the  formation  of  a  new 
state.  He  also  reminded  him,  that  if  the  inhabitants  of  the 
"  Grants  "  should  accede  to  the  form  of  government  which  would 
soon  be  adopted  for  the  state  of  New  York,  thej  would  have  no 
opportunity  to  withdi'aw  their  support  therefrom  at  a  future  day. 

For  the  purpose  of  ascertaining  the  views  of  those  residing 
east  of  the  Green  mountains,  upon  the  measures  suggested  by 
the  committee  from  the  Dorset  convention,  the  people  in  each 
town  were  invited  to  assemble  in  town-meeting  and  express 
their  opinion  as  to  the  course  which  they  should  deem  it  best 
to  pursue.  In  Rockingham,  on  the  26th  of  August,  the  inha- 
bitants voted  "  to  associate  with  the  inhabitants  of  that  district 
of  land  commonly  called  and  known  by  the  name  of  the  IS^ew 
Hampshire  Grants."  They  also  chose  two  delegates  to  attend 
the  convention  to  be  held  at  Dorset  in  the  fall,  and  instructed 
them  "to  use  their  best  influence"  to  obtain  the  passage  of 
such  resolves  as  would  tend  to  establish  the  "  Grants "  as  a 
separate  and  independent  state.  At  "  the  fullest  meeting  ever 
known  in  Chester,"  held  on  the  2d  of  September,  similar  mea- 
sures were  adopted,  and  the  association  which  had  been  formed 
at  the  Dorset  convention,  was  signed  by  forty-two  of  the  inha- 
bitants. A  like  spirit  pervaded  many  of  the  other  towns  in 
the  two  counties.  In  some,  however,  there  were  two  parties, 
and  in  a  few,  as  in  Halifax,  where  the  inhabitants  voted  not  to 
send  a  delegate  "  to  meet  the  Green  Momitain  Boys,"  no  dis- 
position was  shown  to  throw  off  the  jurisdiction  of  New  York. 

At  the  adjourned  convention,  which  was  held  at  Dorset  on 
the  25th  of  September,  representatives  were  present  from  both 
sides  of  the  mountains.  Loyalty  to  American  principles,  as 
embodied  in  the  Eevolution,  animated  the  discussions  which 
took  place,  and  gave  character  to  the  measures  which  were 
proposed.  Yet,  while  declaring  their  determination  to  support 
the  general  government  of  the  United  States,  the  members 
resolved  that  "no  law  or  laws,  direction  or  directions"  from 
the  state  of  New  York  would  be  accepted  by  them,  or  be 
regarded  by  them,  as  of  the  least  weight  or  authority.  Tlie  lit- 
tle leaven  of  dissatisfaction  had  worked  its  effect  in  silence, 
and  the  whole  lump  was  fast  becoming  assimilated.* 

*  Miscellaneous  Papers,  in  office  Sec.  State  N.  Y„  xxxri.  193,  197,  233.    Jour- 


270  HISTORY   OF   EASTERN   VERMONT.  [1YY6. 

While  tlie  inhabitants  of  Cumberland  county  were  thus  wa- 
vering between  duty  and  inclination,  debates  relative  to  the 
course  which  it  was  proper  to  pursue  towards  them,  occupied 
the  time  of  the  ISTew  York  Convention.  Major  Hoisington 
having  completed  his  enlistments  for  the  rangers,  sent  the  mus- 
ter-rolls to  the  Convention,  with  a  request  that  the  remainder 
of  the  bounty  money  then  due,  together  with  an  allowance  for 
rations,  and  the  wages  for  the  first  month,  might  be  immedi- 
ately sent  forward.  Discussions  ensued,  which  were  finally  cut 
short  by  a  motion,  offered  on  the  26th  of  September,  to  comply 
with  the  Major's  request.  To  such  a  course  it  was  objected 
that  the  Cumberland  county  committee  of  safety  had,  by  their 
letter  of  the  21st  of  June  previous,*  "  reserved  or  pretended  to 
reserve  to  the  people  of  that  county  a  right  of  seceding  from  the 
government"  of  ISTew  York  ;  that  the  state  had  "  already  been 
at  great  exj^ense "  for  the  county,  and  that  further  expenditures 
on  its  account  ought  not  to  be  made  until  the  jurisdiction  of 
Kew  York  should  be  fully  acknowledged  by  its  inhabitants. 
Messrs.  Stevens  and  Sessions  were  then  asked  whether,  as 
representatives,  they  acknowledged  the  jm-isdiction  of  the  state 
over  the  county.  Their  answer  was  in  the  afiirmative.  The 
subject  was  resumed  on  the  27th,  and  the  examination  of  the 
deputies  was  continued.  In  reply  to  the  interrogatories  of  the 
Convention,  they  declared  that  they  were  elected  by  the  people 
of  the  county  at  large,  that  the  county  committee  was  formed 
by  two  members  sent  from  each  of  the  town  committees,  which 
town  committees  had  been  chosen  long  before  the  late  election 
for  deputies  to  represent  the  county  in  the  state  Convention 
had  taken  place  ;  that  they  were  "  very  confident "  the  county 
committee  had  no  directions  or  instructions  from  the  people  of 
the  county  to  advance  such  sentiments  as  were  contained  in 
the  letter  of  June  21st,  or  to  make  such  declarations  or  reserva- 
tions as  were  therein  mentioned,  and  that  that  document  was 
prepared  in  order  "  to  prevent  any  division  in  the  county,  as 
some  few  towns  in  the  county  were  02:)posed  to  sending  deputies 
to  the  Convention  unless  with  such  instructions."  For  his  own 
part,  Mr.  Stevens  stated  that  he  had  no  particular  instructions 
from  the  people  of  his  town  ;  that  he  believed  the  people  of  the 
other  to%vns  gave  none  ;  that  he  conceived  the  credentials  from 

nal  N.  T.  Prov.  Cong.,  ii.  311.     Slade's  Vt  State  Papers,  pp.  66,  67.     Doc.  Hist. 
N.  Y.,  iv.  923,  924. 

*  See  ante,  pp.  260,  261. 


1T7G.]  REPORT  OF  THE  CO^^IiinTEE.  271 

the  county  gave  liim  "  full  and  unrestrained  power  in  forming 
a  government,"  and  tliat  he  did  not  consider  himself  bound  to 
abide  by  the  imposed  instructions  except  in  cases  where  they 
agreed  with  his  own  judgment.  Mr.  Sessions  also  declared 
that  he  should  deem  it  his  duty  "  to  pay  regard  to  his  instruc- 
tions so  far  as  to  lay  them  before  the  House,  and  obtain  a  com- 
pliance with  them,"  in  so  far  as  they  should  "appear  to  be 
right  and  beneficial."  In  answer  to  another  question,  both 
gentlemen  informed  the  Convention  that  they  did  not  deem 
themselves  required  to  follow  the  instructions,  when,  by  j^ursii- 
ing  such  a  course,  injury  might  accrue  to  the  state,  or  when  a 
majority  of  the  members  might  declare  against  the  sentiments 
inculcated  by  them.  At  this  stage  of  the  proceedings  the 
Convention  were  informed  that  the  committee,  who  had  been 
chosen  on  the  24th  of  August  to  report  on  the  letter  of  June 
21st,  had  made  no  return,  and  that  the  greater  part  of  the 
members  of  that  committee  were  absent.  William  Duer,  James 
Duane,  Zephaniah  Piatt,  John  Sessions,  and  Simon  Stevens  were 
thereupon  constituted  a  new  committee,  and  the  whole  subject 
was  referred  to  them,  with  a  request  that  they  would  examine  it 
thoroughly,  and  recommend  "  with  all  convenient  speed"  mea- 
sures consistent  with  the  character  of  the  state  and  the  situa- 
tion of  the  county.  To  this  committee  John  Jay  was  subse- 
quently added. 

A  detailed  history  of  the  course  which  had  been  pursued 
towards  Cumberland  county,  in  connection  with  the  establish- 
ment of  the  ranging  companies,  occupied  the  first  part  of  the 
report,  which  on  the  4th  of  October  was  submitted  to  the  Con- 
vention. The  meaning  of  the  letter  of  June  21st  was  also  con- 
sidered, and  objections  were  raised  against  paying  the  money 
demanded  by  Major  Iloisington.  In  support  of  these  objec- 
tions it  was  stated  that  there  was  no  evidence  from  the  muster- 
rolls,  which  had  been  I'cturned,  that  the  officers  and  privates 
tlierein  mentioned,  had  furnished  themselves  with  the  accoutre- 
ments required,  or  that  other  preliminary  mattei*s  had  been 
legally  arranged.  The  benefits  which  the  state  had  bestowed 
upon  the  sparsely-settled  county  were  then  recited,  and  in  con- 
tinuation of  and  enlargement  upon  this  topic,  the  report  pro- 
ceeded in  these  words  : — 

"  From  this  state  of  facts  it  appears  to  your  committee  that 
the  former  Congress,  and  present  Convention,  have  manifested 
the  most  ready  and  cheerful  disposition  to  protect  the  inhabit- 


272  HISTORY    OF   EASTEEN    VERMONT.  [1Y76. 

ants  of  Cumberland,  at  the  public  expense,  in  common  with 
their  other  constituents,  and  without  the  least  partiality  or  dis- 
tinction. That  liberal  supplies  of  men  and  money,  and  ammu- 
nition and  warlike  stores,  according  to  the  abilities  of  the  state, 
have  been  granted  them,  as  soon  as  their  wants  have  been  dis- 
closed. That  this  committee  neither  know,  nor  have  heard,  of 
the  least  cause  of  complaint  or  uneasiness,  that  has  been  given 
to  any  of  those  inliabitants  by  this  state,  or  any  under  its  au- 
thority, during  the  present  contest  for  our  rights  and  liberties. 

"  If  under  the  former  government  individuals  may  have  been 
injured,  it  ought  to  be  remembered,  that  to  rescue  ourselves 
from  the  oppressions  of  that  government,  the  United  States  of 
America,  submitting  to  all  the  miseries  of  war,  have  asserted 
their  independence.  It  is  unquestionable  that  the  jurisdiction 
of  this  state  over  the  territory  which,  now  comprehends  the 
county  of  Cumberland,  is  coeval  with  its  first  formation  as  a 
colony,  under  the  Crown  of  Great  Britain,  and  accordingly  that 
county  was  erected,  and  hath  been  represented.  Laws  have 
been  passed  for  its  internal  regulation,  courts  established,  civil 
and  military  officers  appointed,  and  many  charters  for  lands 
and  privileges  confirmed,  by  the  sole  authority  of  New  York. 
Your  committee,  therefore,  conceive  it  to  be  the  indispensable 
duty  of  this  Convention  to  preserve  and  maintain  their  jurisdic- 
tion over  the  said  county,  by  every  wise,  steady,  and  prudent 
measure  in  their  power,  at  a  time  when  this  state  is  invaded 
and  pressed  by  powerful  armies,  when  our  utmost  exertions  are 
necessary,  and  we  are  straining  every  nerve  for  the  common 
cause  of  America,  for  the  general  defence  of  this  state,  and  for 
the  more  immediate  defence  of  the  county  of  Cumberland. 

"  At  a  time  when  every  virtuous  member  of  the  community 
is  loudly  called  upon  to  assist  his  bleeding  country,  and  har- 
mony and  mutual  confidence  are  so  essential  to  our  preserva- 
tion, and  to  the  success  of  the  greatest  and  best  of  causes — at 
such  an  important  and  decisive  conjuncture,  your  committee 
cannot  but  lament  that  any  of  the  inhabitants  of  the  county  of 
Cumberland  should  suffer  themselves  to  be  so  far  misguided  as 
to  assert  a  claim  and  principles  subversive  to  all  government, 
derogatory  to  the  dignity,  rights,  and  jurisdiction  of  this  state, 
manifesting  an  unbecoming  return  for  the  assistance  and  pro- 
tection they  have  received  out  of  the  public  treasury  of  their 
fellow-subjects  at  large,  and  implying  a  latent  design,  by  a 
future  separation  from  the  state,  to  leave  the  whole  bm'then  of 


1Y76.]  REPORT   OF  THE   COMMITTEE.  273 

the  present  crnel  and  expensive  war  to  be  sustained  by  the 
rest  of  the  community.  Kthe  extraordinary  injunctions  in  the 
letter  from  their  committee  should  be  vindicated,  it  must  follow 
that  the  form  of  government  dictated  by  a  party,  from  the  best 
information,  by  no  means  the  majority  of  the  county,  is  to  be 
adopted,  however  injurious  to  the  general  interest  of  this  state, 
or  disagreeable  to  other  counties,  and  however  unreasonable  it 
might,  on  public  debate,  appear  even  to  their  own  immediate 
representatives ;  and  thus  a  single  county  is  to  control  the  whole 
state,  prescribe  its  constitution  and  government,  and  establish 
its  laws  on  pain  of  separation.  From  a  parity  of  reason  every 
other  county,  and  even  district  and  town  within  this  state, 
might  arrogate  the  same  power,  and  instead  of  producing  order, 
security,  and  a  wise  and  permanent  government — the  great  and 
salutary  purposes  for  which  this  free  Convention  was  elected 
and  assembled — anarchy  and  confusion  must  be  the  fatal  result. 
Your  committee  are  satisfied,  however,  that  the  letter  does  not 
convey  the  sentiments  of  the  majority  of  the  good  people  of  the 
county  of  Cumberland,  and  that  the  general  committee  will, 
upon  cool  reflection,  be  at  no  loss  to  perceive  its  want  of  respect 
to  this  Convention,  and  its  dangerous  tendency  not  only  to  the 
state,  but  to  the  common  cause  of  America ;  and  that  after  a 
deliberate  revision  they  will  cordially  correct  it,  and  give  this 
Convention  reasonable  assurances  of  their  attachment  to  its 
jurisdiction,  and  of  their  intention  to  share  its  blessings  and 
misfortunes,  its  protection  and  its  burthens,  Hke  faithful  and 
affectionate  fellow-citizens.  Such  a  course  your  committee 
earnestly  recommends  as  the  best  and  surest  means  of  removing 
the  uneasiness  which  a  measure  so  unexampled  has  excited, 
and  of  promoting  the  most  perfect  harmony  and  good  under- 
standing throughout  every  part  of  this  state.  In  confidence, 
therefore,  that  a  thinking  and  reasonable  people  must  see  that 
their  own  interest  and  preservation,  as  well  as  the  safety  of  the 
state  to  which  they  belong,  and  the  success  of  the  great  cause 
in  which  the  whole  continent  is  engaged,  cannot  but  be  weak- 
ened by  dissension,  and  by  countenancing  the  factious  and  self- 
interested,  your  committee  are  of  opinion  that  the  requisition 
of  the  commanding  ofiicer  of  the  ranging  companies  of  Cum- 
berland and  Gloucester  counties  should  be  complied  with,  lest 
the  good  people  of  those  counties,  being  disappointed  of  the  aid 
and  protection  provided  by  this  state,  may  suffer  from  the 
incursions  of  their  enemies,  before  an  explanation  of  the  said 

18 


274  HISTORY   OF   EASTERN   VERMONT.  [1776. 

letter  can  be  obtained  from  the  committee  of  Cumberland,  and 
have,  therefore,  agreed  to  the  following  resolutions  : — 

"  First :  Resolved,  That  it  is  the  opinion  of  this  committee 
that  the  sum  of  $6,412|,  being  the  remaining  part  of  the  bounty 
money,  and  month's  wages,  and  rations  due  to  the  officers  and 
men  of  the  four  companies  of  rangers,  raised  and  established 
for  the  immediate  protection  and  defence  of  the  counties  of 
Cumberland  and  Gloucester,  under  the  command  of  Major  Joab 
Hoisington,  be  forthwith  transmitted  for  their  use.  But  inas- 
much as  it  does  not  appear,  by  the  returns  of  the  commanding 
officer  or  otherwise,  that  the  men  are  equipped  and  furnished 
with  arms  or  accoutrements,  or  that  the  officers  have  been 
qualified  to  make  up  their  muster-rolls  and  retm-ns  agreeable 
to  the  directions  of  Convention  ; 

"  Second :  Resolved,  That  it  is  the  opinion  of  this  committee, 
that  a  committee  from  this  Convention  be  appointed  to  see 
that  the  said  money  is  faithfully  applied,  agreeable  to  the  esta- 
blishment of  the  said  rangers ;  for  that  purpose  consulting  with 
the  general  committee  of  the  said  counties.  Tliat  they  be  fur- 
ther authorized  to  call  upon  the  commanding  officer  and  other 
officers  of  the  said  rangers,  and,  if  they  shall  find  it  necessary, 
to  review  the  respective  companies.  That  they  be  instructed 
to  inquire  into  the  temper  of  the  inhabitants  of  the  said  county, 
and  the  grounds  of  any  discontent  which  may  prevail  among 
the  uninformed,  or  which  may  be  encouraged  by  designing 
men,  and  use  their  endeavom*s  to  remove  the  same,  and  to  frus- 
trate any  attempt  to  sow  the  seeds  of  jealousy  and  disafiiection. 
And,  lastly,  that  they  represent  to  the  committee  of  the  said 
county  of  Cumberland,  the  wisdom  and  pro]3riety  of  a  revision 
of  the  said  letter,  and  of  an  um*eserved  submission  of  the  said 
county  to  the  jurisdiction  of  this  state,  so  that  all  cases  of  dis- 
trust may  subside,  and  the  harmony,  which  is  so  essential  at 
this  important  conjuncture,  may  be  fixed  on  the  surest  founda- 
tion."* 

By  a  subsequent  resolution  this  report  was  accepted,  and 
was  declared  to  be  the  act  of  the  Convention.  Mr.  Sessions, 
one  of  the  deputies,  and  John  Taylor,  of  Albany  county,  were 
requested  "  to  proceed  to  the  county  of  Cumberland,"  and  with 
Col.  Marsh,  to  form  a  committee  to  secure  compliance  with  the 
resolutions  which  had  been  passed.     The  treasurer  of  the  state 

*  Miscellaneous  Papers,  in  office  Sec.  State  N.  Y.,  1716,  xxxv.  478-484 


1776.]  MEASURES   FOK   PEOTECTION.  275 

was  ordered  to  pay  the  sum  demanded  by  Major  Hoisington, 
and  $200  additional,  to  defray  tlie  expenses  of  the  committee 
appointed  to  visit  the  county.  At  the  same  time  the  commis- 
sary of  the  Convention  was  instructed  to  deliver  three  thousand 
flints  to  the  deputies  from  Cumberland,  two-thirds  of  the  quan- 
tity being  intended  for  the  use  of  that  county,  and  the  remain- 
der for  the  use  of  Gloucester.  On  the  5th  of  October,  Mr.  Ste- 
vens, having  obtained  leave  of  absence  for  three  weeks  to  visit 
his  family,  was  added  to  the  committee  who  had  been  chosen 
to  carry  into  effect  the  late  resolutions  of  the  Convention.  Five 
hundred  copies  of  the  resolutions  were  ordered  to  be  printed, 
and  distributed  in  the  counties  to  which  they  particularly  re- 
ferred, and  in  other  parts  of  the  state.  To  avoid  mistakes,  and 
to  afford  time  for  deliberation,  the  committee,  who  had  reported 
upon  the  course  which  it  was  necessary  to  adopt  towards  Cum- 
berland county  were,  at  the  request  of  their  chairman,  James 
Duane,  allowed  to  sit  again.  Other  applications  made  by  Ma- 
jor Hoisington,  in  the  course  of  the  month,  were  received  with 
favor,  and  satisfactorily  answered. 

In  conformity  with  his  duties,  the  Major  had  taken  post  at 
Newbury,  that  he  might  be  able  to  watch  the  movements  of 
the  Indians  and  Tories,  and  guard  the  northern  frontier  from 
their  incursions.  From  his  position  he  was  enabled  to  send 
to  G-enerals  Gates  and  Schuyler  information  of  a  valuable 
character,  obtained  from  spies  and  deserters.  During  the  en- 
gagement on  Lake  Champlain  between  the  British  and  American 
forces,  in  the  month  of  October,  when  it  was  feared  that  an 
attack  would  in  the  end  be  made  upon  Ticonderoga,  messengers 
were  sent  to  the  New  York  Convention  with  a  request  for 
immediate  assistance.  The  committee  of  safety,  who  were  in 
session  during  the  recess  of  the  Convention,  appointed  a  large 
committee  on  the  19th,  to  co-operate  with  Gen.  Schuyler  in 
devising  such  measures  as  would  ensure  protection,  and  to  this 
end,  invested  them  with  power  to  call  out  the  whole  or  any 
part  of  the  militia  of  the  counties  of  Tryon,  Charlotte,  Cumber- 
land, Gloucester,  and  Albany.  The  summons  to  arms  was 
answered  with  spirit.  Tlie  assistance  of  the  troops  was  not, 
however,  required  on  this  occasion,  for  Gen.  Carleton  did  not 
advance  north  of  Crown  Point.  Having  reached  this  place,  he 
remained  there  until  the  cold  weather  rendered  a  longer  stay 
impracticable.  He  then  re-embarked  for  Canada,  leaving  the 
reduction  of  Ticonderoga  unattempted. 


276  mSTORT   OF   eastern   VERMONT.  [1776. 

Owing  to  the  excitement  prevailing  in  Cumberland  comity 
consequent  upon  the  disturbances  on  the  Lake,  the  committee 
who  had  been  chosen  to  publish  the  resolutions  of  the  Conven- 
tion, found  it  difficult  to  accomplish  that  task  in  a  satisfactory 
manner.  By  the  information  of  John  Taylor,  communicated 
on  the  3d  of  l^ovembei*,  it  appeared  that  some  of  the  people 
were  in  favor  of  the  establishment  of  a  new  state,  "  some  for 
joining  New  Hampshire,  others  Massachusetts,  many  for  re- 
maining under  New  York."  Referring  to  this  state  of  feeling, 
he  remarked :  "  I  endeavoured  to  dissuade  them  from  persist- 
ing in  such  idle  and  delusive  schemes,  which  would  meet  with 
the  approbation  of  such  only  as  were  fond  of  changes."  But  as 
his  arguments  did  not  avail,  he  proceeded  to  evince  his  zeal  by 
his  acts.  From  the  side  of  a  tavern  in  Marlborough  he  took 
down  a  notification  of  a  town  meeting,  which  had  been  called 
for  the  purpose  of  ascertaining  the  sentiments  of  the  inhabitants 
respecting  a  revolt  from  New  York.  In  giving  an  account  of 
this  afi'air  on  a  subsequent  occasion,  he  remarked  with  pleasant 
naivete,  or  consummate  impudence,  "  the  inhabitants  accused 
me  of  being  guilty  of  a  desperate  mean  act.  They  could  not 
proceed  to  business  for  want  of  the  notification,  as  the  town 
clerk  had  no  other  minutes."  His  report,  though  neither  accu- 
rate nor  particular,  presented  a  condition  of  afikirs  unfavorable 
to  the  continuation  of  the  jurisdiction  of  New  York  over  the 
New  Hampshire  Grants.* 

Before  the  resolutions  of  the  Convention  concerning  Cum- 
berland county  had  passed,  James  Clay,  by  the  advice  of  Col. 
Williams,  one  of  the  former  deputies,  had  issued  circular  letters 
containing  a  request  that  the  peoj)le  of  each  town  would  assem- 
ble and  make  known  their  intentions  relative  to  the  course  they 
should  pursue  on  the  question  of  state  jurisdiction,  in  order 
that  their  proceedings  might  be  laid  before  the  county  com- 
mittee of  safety  at  the  next  meeting.  "Written  returns  were 
received  from  a  few  towns ;  verbal  messages  from  others  ;  but 
the  majority  did  not  deem  it  practicable  to  offer  a  reply.  The 
gi-eater  part  of  the  inhabitants  of  Hartford  favored  a  separation 
from  New  York,  but  desired  that  an  application  to  that  effect 
should  be  made  in  the  state  Convention  before  the  subject  was 
brought  before  the  Continental  Congress.     The  particular  sen- 

*  Journal  K  T.  Prov.  Cong.,  L  587,  646-648,  657,  659-662,  676,  684:  ii.  317. 
Williams's  Hist.  Vt.,  ii.  82-88.  Miscellaneous  Papers,  in  office  Sec.  State  N.  Y., 
XXXV,  148,  149. 


17Y6.]  LETTER   OF   MK.    CHARLES    PHELPS.  2Y7 

timent  prevailing  at  this  time  was  favorable  to  a  peaceable 
revolt,  if  a  revolt  should  be  declared  necessary  to  the  well- 
being  of  the  people.  On  the  5th  of  November,  the  county 
committee  of  safety  assembled  at  Westminster.  When  the 
meeting  was  declared  organized  on  the  6th,  there  were  present 
nineteen  representatives  from  sixteen  towns.  The  session  was, 
in  many  respects,  a  stormy  one.  A  few  questions  arising  from 
the  disagreement  of  individuals  were  equitably  decided,  and 
others  were  referred  to  a  future  occasion.  A  certain  man  who 
had  def)rived  his  neighbor  of  the  use  of  a  "  run  of  water,"  was 
commanded  to  restore  the  privilege,  and  was  reminded  that  no 
person  had  a  right  to  deprive  another  "  of  that  which  God  and 
Nature  "  intended  for  the  benefit  of  all.  Complaint  was  made, 
and  the  fact  was  proved,  that  Solomon  Phelps  of  Marlborough, 
had  made  himself  obnoxious  to  those  engaged  in  administering 
the  affairs  of  the  county.  In  consequence  of  this,  the  county 
committee  ordered  the  committee  of  safety  for  the  town  of 
Westminster,  at  which  place  Phelps  was  then  visiting,  "  to 
take  and  convey  him  to  y®  committee  of  the  next  town,  and  so 
on  till  he  is  conveyed,  as  was  the  practise  in  times  past,  to  his 
own  home."  Such  was  the  summary  mode  adopted  by  the  early 
inhabitants  of  the  "  Grants,"  in  dealing  with  those  who,  by 
misfortune  or  accident,  manifested  an  unbecoming  acerbity  of 
disposition,  or  showed  too  little  regard  for  the  sentiments  of  the 
people  or  community  with  which  they  were  connected. 

But  the  most  important  topic  which  occupied  the  attention 
of  the  committee  was  the  letter  of  June  21st,  which  had  been 
written  by  Charles  Phelps,  and  which  had  proved  especially 
obnoxious  to  the  New  York  Convention.  Those  who  were  will- 
ing to  remain  under  the  jurisdiction  of  New  York  wished  to 
withdraw  it  from  the  Convention ;  those  who  were  not  dis- 
posed to  acknowledge  allegiance  to  that  state  regarded  its  senti- 
ments with  favor,  and  were  not  disposed  to  recall  it.  When 
the  question  was  taken,  the  motion  to  withdraw  prevailed. 
As  soon  as  the  result  was  made  known  the  minority  deter- 
mined to  resent  this  declared  opposition  to  their  wishes.  They 
accordingly  denounced  the  acts  of  the  majority  as  repugnant  to 
the  resolves  of  the  Continental  Congress,  and  entered  their  pro- 
test against  any  further  proceedings  on  the  part  of  the  county 
committee  of  safety  as  then  constituted.  Explanations  followed 
close  upon  their  declaration,  and  the  bolters  were  at  length 
induced  to  withdraw  their  protest,  and  sit  again  as  members  of 


278  HISTOKY    OF    EASTERN    VEEMONT.  [17T6. 

the  committee  of  safety.  A  committee  were  tlien  chosen  to 
take  into  consideration  a  proposition  to  recall  the  letter  then 
before  the  Convention,  and  substitute  another  in  its  stead.  Their 
report  was  in  these  words  : — 

"  The  committee  appointed  by  this  body,  to  take  under  consi- 
deration the  expediency  of  tlie  letter  sent  from  this  body  to  the 
Convention  of  the  state  of  New  York,  dated  June  21st,  touching 
being  laid  to  some  other  state,  &c.,  &c.,  report : — that,  whereas, 
the  committee  of  the  county  of  Cumberland  have  received  a 
handbill  from  the  Convention  of  the  state  of  New  York,  direct- 
ing this  committee  to  withdraw  a  letter  sent  to  them  from  this 
body,  bearing  date  the  21st  of  June  last — We,  the  committee 
as  aforesaid,  having  taken  the  same  under  consideration,  report : 
That  said  letter  ought  to  be  withdrawn,  and  that  we,  notwith- 
standing, ought  to  enjoy  all  the  privileges  that  any  county  in 
this  state  enjoys,  and  tliat  we  hold  it  our  right  to  present  to  the 
Honourable  the  Provincial  Convention  of  this  state,  a  petition 
and  remonstrance,  setting  forth  those  grievances  that  are  the 
cause  of  the  uneasiness  that  subsists  among  us,  for  their  wise 
consideration  and  redress.  And  if,  on  proper  deliberation,  it 
may  be  thought  proper  a  separation  should  be  most  conducive 
to  the  peace  and  happiness  of  this  county,  we  do  not  preclude 
ourselves  from  the  privilege  of  presenting  our  petition  to  the 
Hon^'®  the  Continental  Congress  for  their  wise  determination. 
We  still  mean  to  pay  all  due  deference  to  the  state  of  New 
York,  and  pay  our  j^roportion  of  the  necessary  charges  of  the 
state." 

Tliis  report  was  accepted,  and  having  been  embodied  in  the 
form  of  a  letter,  was  sent  to  the  New  York  Convention.  An 
amicable  arrangement  having  been  thus  effected,  the  commit- 
tee of  safety  was  adjourned  to  reassemble  on  the  first  Tuesday 
of  June,  17TY,  "  and  not  sooner  except  on  emergent  call."  So 
discordant  were  the  elements  of  which  the  county  was  com- 
posed, that  it  was  found  necessary  to  issue  an  "  emergent  call" 
early  in  the  following  month.  In  compliance  with  this  call, 
the  committee  of  safety  convened  at  Brattleborougli  on  the  2d 
of  December.  An  attempt  was  then  made  to  prepare  a  repre- 
sentation of  the  "  broken  situation"  of  the  county.  To  such  a 
course  some  of  the  members  objected,  and  as  the  others  were 
not  disposed  to  yield,  the  objectors  withdrew  and  broke  up  the 
meeting.  The  few  who  remained  addressed  a  letter  to  the 
county  representatives  in  the  New  York  Convention,  and  de- 


1776.]  DISCOED    AMONG    THE   KAI^GING   COMPANIES.  279 

sired  them  to  lay  before  tlieir  colleagues  sucli  a  description  of 
the  state  of  the  county  as  the  circumstances  would  warrant. 
This  was  the  only  business  transacted,  and  the  members  retired 
without  naming  any  time  or  place  for  another  meeting. 

On  the  same  day,  the  freeholders  of  Chester  assembled  in 
town  meeting,  and  appointed  Thomas  Chandler  to  prepare  a 
memorial  to  be  sent  to  the  'New  York  Convention,  setting  forth 
the  sentiments  of  the  majority  of  the  inhabitants  of  that  town 
respecting  the  manner  in  which  the  affairs  of  the  county  had 
been  conducted ;  and  remonstrating  against  the  propriety  of 
allowing  the  representatives  from  Cumberland  county  to  sit  in 
Convention,  when  they  had  been  chosen  to  that  position  by  less 
than  one-quarter  of  the  votes  of  the  people.  The  memorial 
was  presented  to  the  people  a  week  later,  and  having  been  ap- 
proved of,  the  author  of  it  was  chosen  to  proffer  it  whenever  a 
fitting  opportunity  should  occur. 

In  addition  to  the  disaffection  arising  from  troubles  of  a  civil 
nature,  discord  began  to  prevail  in  the  ranging  companies  of 
the  two  counties.  Major  Hoisington  had  demanded  of  the 
Kew  York  Convention  certain  wages  which  he  declared  were 
due  his  men.  The  payment  of  this  claim  was  delayed,  because 
it  had  been  neither  satisfactorily  stated  nor  proved.  Failing  to 
receive  their  wages,  the  men  were  not  easily  prevailed  upon  to 
do  duty,  even  when  their  aid  was  most  needed.  In  this  emer- 
gency Gen.  Jacob  Bayley,  of  Newbury,  wrote,  on  the  20th  of  No- 
vember, to  the  committee  who  had  been  appointed  to  settle  the 
difficulty  with  the  rangers,  in  these  terms :  "  If  our  rangers 
have  not  what  was  engaged  them,  viz.  bounty,  one  month's 
pay,  and  billeting,  we  have  no  right  to  command  them ;  and 
if  that  payment  is  not  made,  we  must  not  expect  them  on  any 
duty ;  and  if  General  Gates,  who  doubtless  stands  in  need  of 
them,  should  call  for  them,  he  must  be  disappointed.  Where 
the  blame  Kes  I  cannot  say.  However,  it  is  my  opinion  that 
the  Major  be  paid  according  to  his  rolls,  if  authentic ;  after- 
wards he  may  be  called  to  account,  if  he  has  been  faulty. 
Otherwise,  the  whole  had  better  now  be  dropped ;  better  now 
than  when  one  or  two  months'  more  time  is  spent  to  no  purpose." 

Tlie  prospect  that  the  county  would  much  longer  remain,  of 
its  own  accord,  a  part  of  the  state  of  New  York,  was  every  day 
becoming  more  and  more  uncertain.  At  the  close  of  the  year 
1776,  the  disaffection  had  become  so  general  that  many  of  the 
principal  men  were  ready  to  announce  their  secession,  and  join 


280  HISTORY   OF   EASTEEN   VERMONT.  [17T6. 

in  forming  a  free  and  independent  state,  to  include  the  whole 
of  the  New  Hampshire  Grants  lying  between  Connecticut  river 
and  Lake  Champlain.* 

*  Miscellaneoua  Papers,  in  office  Sec.  State  K  T.,  xxxvi  191-196,  199-235 
MS.  Records  Cumb.  Co,  Com,  Safety.  Journal  N.  Y.  Prov,  Cong,,  ii  210,  214, 
815.    MS.  Kecorda  of  town  of  Chester.    Doc,  Hist.  N.  Y,,  iy.  922,  923. 


CHAPTER  XI. 

THE  FOKMATION  OF  THE  STATE  OF  VEEMONT. 

Disaffection  of  the  Inhabitants  of  the  "  Grants"  towards  New  York — The  Rangers 
— The  Westminster  Convention — "  New  Connecticut,  alias  Vermont" — Report 
on  the  condition  of  Cmnberland  and  Gloucester  counties — ^Appeal  to  Congress 
— Efforts  to  obtain  the  Services  of  the  Rangers  in  behalf  of  the  State  of  New 
York — Col.  William  Williams's  opinion — Attempts  of  John  Sessions  to  establish 
peaceful  Relations — Letter  of  Bayley,  Clay,  and  Sessions — Commissioners  ap- 
pointed by  New  York  to  take  charge  of  the  Property  of  those  who  had  left  the 
State — New  York  adopts  a  State  Constitution — Powers  of  the  Committees  of 
Safety  enlarged — ^The  first  State  Election  ordered  in  New  York — Meeting  of  the 
Friends  of  New  York  in  Brattleborough — Their  Report — Resolutions  of  the 
New  York  Convention  thereon — Meetings  of  the  Cumberland  county  Committee 
of  Safety — Their  "  True  Representation" — Sanitary  Measures — Adoption  of  the 
Constitution  of  Vermont — Congress  refuses  to  countenance  the  Proceedings  of 
the  New  State — The  Rangers  ordered  to  Kingston — They  Refuse  to  Obey — 
Charles  Phelps  attempts  to  procure  Arms  from  Massachusetts — His  Petition  and 
the  Reply — Alarm  at  the  expected  Approach  of  Burgoyne — Burgoyne's  Instruc- 
tions to  Baum — The  Victory  at  Bennington — ^The  increasing  power  of  Vermont 
— George  Clinton  elected  Governor  of  New  York — Action  of  the  Cumberland 
county  Committee  of  Safety — Charles  Phelps's  statement  of  the  right  of  Massa- 
chusetts to  a  Portion  of  the  Territory  of  the  State  of  Vermont. 

Many  there  were,  in  the  state  of  New  York,  who  would  have 
gladly  denied  the  existence  of  any  alienation  between  that  go- 
vernment and  the  inhabitants  of  the  New  Hampshire  Grants 
had  not  the  fact  of  such  an  alienation  been  too  clear  to  admit 
of  a  doubt.  An  occasional  forced  admission,  by  the  former 
government,  of  the  real  condition  of  affairs,  was  also  significant 
of  the  pains  which  were  generally  used  by  one  of  the  parties  to 
conceal  it.  Near  the  close  of  the  year  1776,  Washington  ordered 
Gen.  Heath  "  to  march  to  the  grand  army  on  the  banks  of  the 
Delaware,  with  the  troops  under  his  command."  In  the  recess  of 
the  New  York  Convention,  the  state  committee  of  safety  informed 
his  Excellency,  that  it  would  be  unsafe  to  comply  with  his  requi- 
sition, and  advised  some  other  course.      In  their  letter  to  him, 


282  HISTORY   OF   EASTERN   VERMONT.  [1777. 

dated  January  1st,  1777,  containing  these  suggestions,  they  said : 
"  On  this  occasion,  we  beg  leave  to  lay  before  your  Excellency 
the  true  situation  of  this  state.  It  formerly  consisted  of  four- 
teen counties,  of  which  five,  and  a  part  of  the  sixth,  are  in  pos- 
session of  the  enemy,  and  a  considerable  part  of  the  inhabitants 
of  the  counties  of  Gloucester,  Cumberland,  and  Charlotte,  ap- 
pear determined  to  shake  off  their  dependence  upon  us,  so  that 
above  one  half  is  lost ;  of  the  remainder,  a  considerable  propor- 
tion is  disaffected,  and  ready  upon  a  favorable  ojjportunity  to 
join  the  enemy."  Such  was  the  light  in  which  even  the  most 
sanguine  were  compelled  to  view  the  situation  of  the  "  Grants." 

Notwithstanding  these  disheartening  prospects,  the  wants  of 
the  counties  of  Cumberland  and  Gloucester  were  still  supplied, 
to  a  certain  extent,  by  the  state  of  New  York.  The  four  rang- 
ing companies,  whose  aid  had  not  proved  as  effectual  as  many 
had  supposed  it  would  prove,  clamored  loudly  for  their  wages, 
although  they  were  almost  forced  to  confess  that  they  had  not 
earned  them.  Tlieir  major,  Joab  Hoisington,  had  journeyed  to 
Fishkill,  where  the  state  committee  of  safety  were  in  session,  to 
obtain  a  settlement  for  them.  This  he  partially  effected,  but 
being  detained  beyond  the  time  fixed  for  his  absence,  he  was 
forced,  on  the  11th  of  January,  to  apply  to  the  committee  for 
funds  to  enable  him  to  return.  His  request  was  granted,  and 
wages  were  paid  him  on  account  of  services  rendered,  and  to  be 
rendered  by  him  in  his  oflicial  station.  A  resolution  was  also 
passed  on  the  l-lth,  by  which  the  Convention  agreed  to  lend  to 
the  county  of  Cumberland  "  a  sum  not  exceeding  £300,"  on 
certain  just  and  easy  terms.  Owing  to  the  neglect  of  the  com- 
mittee of  Cumberland  county  to  furnish  their  representatives 
with  money.  Sessions  and  Stevens  applied  to  the  Convention  for 
the  wages  due  them  for  their  services  rendered  as  members  of 
that  body.  In  answer  to  this  request,  £70  were  advanced  to 
them,  and  they  were  requested  to  account  for  that  amount  to 
the  county  committee,  who  were  directed  to  consider  it  as  a  part 
of  the  £300  loaned  by  the  Convention  to  the  county.* 

"While  New  York  was  endeavoring  to  bind  the  wavering 
counties  to  herself  by  acts  of  kindness,  they  were  striving  openly 
and  in  secret  to  effect  a  separation.  On  the  15th  of  January, 
an  adjourned  meeting  of  the  convention  of  the  "  Grants"  which 
had  assembled  at  Dorset  in  September  of  the  previous  year, 

*  Journa  K  Y.  Prov.  Cong,  L  753,  770,  771:  ii.  379. 


1777.]  DISAFFECTION   TO   NEW   YORK.  283 

was  lield  at  "WestmiDster.  By  a  rej^ort  made  on  that  occasion, 
it  appeared  that  more  than  three-fourths  of  the  people  of  Cum- 
berland and  Gloucester  counties,  who  had  acted  upon  the  sub- 
ject, were  in  favor  of  a  new  state.  The  rest  were  viewed  as 
neutrals.  On  the  west  side  of  the  mountains  where  the  project 
had  made  most  head,  separation  from  New  York  was  not  only 
regarded  as  necessary,  but  inevitable.  A  committee  appointed 
to  prepare  a  report  expressive  of  the  views  of  the  convention, 
presented  the  result  of  their  deliberations,  in  the  form  of  a  decla- 
ration of  rights  and  independence.  The  statements  and  avowals 
which  it  comprised,  were  adopted  unanimously,  and  the  district 
of  territory,  known  as  the  New  Hampshire  Grants,  was  pro- 
claimed a  separate  and  independent  state,  and  was  called  "  New 
Co2sNECTicTJT  ciUos  Yeemont."  Au  accomit  of  these  proceedings 
was  transmitted  to  the  Continental  Congress,  4iccompanied  by 
a  prayer  that  the  declaration  of  the  people  might  be  received, 
and  New  Connecticut  ranked  "  among  the  free  and  independent 
American  states,  and  delegates  therefrom  admitted  to  seats  in 
the  grand  Continental  Congress."* 

Wliile  measures  like  these  were  engaging  the  attention  of 
the  inhabitants  of  the  new  state,  the  New  York  state  committee 
of  safety  were  engaged  in  devising  means  to  stop  the  revolt, 
and  bring  back  the  disaffected  to  their  allegiance.  The  gentle- 
men appointed  to  visit  the  two  river  counties  and  inquire  into 
their  condition  having  returned,  had  announced  their  readiness 
to  submit  the  result  of  their  investigations.  A  hearing  was 
granted  them  on  Saturday,  the  18th  of  January,  and  while 
their  chairman  was  reading  the  report  they  had  prepared,  the 
Cumberland  deputies  listened  in  silence  and  with  sorrow  to  the 
accounts  which  they  too  well  knew  were  true  in  each  particu- 
hir.  The  arguments  which  had  been  made  use  of  by  the  Green 
Mountain  Boys  to  swerve  their  ultra-montane  brethren  from 
the  path  of  duty  were  detailed  at  length,  and  although  some  of 
them  were  baseless,  many  were  so  specious  as  to  call  for  a  good 
si  1  are  of  discrimination   to   detect  their  fallaciousness,  while 

*  The  convention,  after  sitting  from  the  15th  to  the  22d  of  January,  adjourned 
to  meet  at  Windsor  on  the  first  Wednesday  in  June  following.  Tliere  appears 
however,  to  have  been  a  meeting  intermediate.  A  call  was  issued  on  the  30th 
of  January  by  Nathan  Clark,  for  a  convention  at  Dorset,  and  by  the  records  of 
t]ie  town  of  Chester,  it  seems  that  Lieut.  Jabez  Sargeant  was  chosen  on  the  13th 
of  February,  to  attend  the  special  convention,  and  act  "  for  the  good  of  the  state 
of  New  Connecticut,  and  for  the  town  of  Chester,  according  to  the  best  of  his  \m- 
derstanding." — MS.  Records  of  Chester.    Slade's  Vt.  State  Papers,  pp.  68-73. 


284  HISTORY   OF   EASTERN    VERMONT.  [1777. 

othei*s  were  sound  and  conclusive.  When  the  reading  was 
finished,  every  member  then  present,  and  "  every  member  in 
the  neighbourhood"  to  whom  notice  could  be  sent,  were  directed 
to  attend  on  the  Monday  following  for  the  purpose  of  passing 
upon  the  report.  At  the  appointed  time  the  subject  were  dis- 
cussed at  length,  and  an  appeal  to  Congress  was  decided  upon 
as  the  inceptive  step  in  whatever  proceedings  might  follow. 
That  the  matter  might  be  placed  in  its  proper  light.  Congress 
were  informed  that,  at  the  commencement  of  the  struggle  for 
American  liberty  then  in  progress,  the  inhabitants  of  Cumber- 
land and  Gloucester  counties  had  "  in  general "  submitted  to 
the  jurisdiction  of  New  York,  obtained  grants  and  confirmation 
charters  from  that  state,  and  been  ruled  by  magistrates  of  her 
appointment ;  that  "  a  spirit  of  defection  and  revolt "  had  lately 
been  extended  1sb  those  counties,  "  through  the  arts  and  misre- 
presentations of  certain  people  inhabiting  the  county  of  Char- 
lotte, distinguishing  themselves  by  the  name  of  Green  Mountain 
Boys,  and  their  emissaries ;"  that  the  Congress  and  Convention 
of  ISTew  York  had  hitherto  viewed  "  the  effects  of  this  danger- 
ous insurrection  with  silent  concern,  being  restrained  from  giv- 
ing it  a  suitable  opposition,  by  the  apprehension  that  it  might, 
at  so  critical  a  juncture,"  weaken  their  exertions  in  the  com- 
mon cause ;  that  the  insurgents  from  Charlotte  county  had 
incited  many  of  the  inhabitants  of  Cumberland  and  Gloucester 
to  unite  with  them  in  asserting  a  separate  independence,  in 
holding  a  separate  convention,  and  in  "  framing  a  petition  to 
the  Honourable  Congress  for  its  sanction  and  approbation  of 
this  unprovoked  revolt ;"  that  the  loss  of  so  valuable  a  terri- 
tory, whose  people  during  the  present  war  had  received  "  libe- 
ral allowances  out  of  the  public  treasury "  of  the  state,  would 
not  only  burden  those  remaining  with  enormous  debts,  but 
would,  at  every  future  period,  afibrd  an  excuse  for  others  who 
might  wish  to  deny  the  jurisdiction  of  the  state,  and  set  her 
authority  at  defiance ;  and  finally,  that  it  had  become  abso- 
lutely necessary  that  "  proper  and  vigorous  means  should  be 
forthwith  exerted "  for  vindicating  the  rights  of  the  Convention 
of  the  state  of  New  York.  In  view  of  these  considerations  and 
others  as  potent,  the  committee  resolved  that  a  proper  applica- 
tion should  be  immediately  made  to  the  Congress  of  the  United 
States,  to  whose  justice  the  "  insurgents"  had  appealed,  request- 
ing them  to  interpose  their  authority,  and  recommend  to  the  "  in- 
surgents" a  peaceful  submission  to  the  jurisdiction  of  New  York. 


1777.]  APPEAL  TO  C0NGKES8.  285 

In  accordance  with,  these  views,  a  letter  was  dispatched  to 
the  president  of  Congress,  embodying  an  epitomized  account 
of  the  sentiments  of  the  committee,  and  inclosing  the  resolve 
which  had  been  passed  and  the  preambulatory  remarks  con- 
nected with  it.  Notwithstanding  this  appeal,  confidence  in  the 
revolting  comities  had  not  entirely  disappeared.  On  the  21st 
of  January  a  resolution  was  passed  ordering  an  application  to 
be  made  to  some  of  the  counties  in  the  state,  for  blankets  and 
stockings  for  the  army ;  and  Cumberland,  Gloucester,  and  Char- 
lotte were  included  among  the  counties  from  which  relief  was 
to  be  sought.  A  few  weeks  later,  when  the  position  of  Ticon- 
deroga  was  considered  perilous  on  account  of  the  smallness  of 
the  force  to  whose  care  it  was  intrusted,  Gen.  Schuyler  was 
empowered,  on  the  9th  of  February,  to  dispatch  one-fifth  part 
of  the  militia  of  several  of  the  counties  of  the  state,  among 
which  counties  were  the  three  mentioned  above — to  reinforce 
the  garrison  at  that  post. 

Owing  to  reasons  of  policy,  the  resolutions  and  letter  of  the 
20th  of  January  were  not  immediately  transmitted  to  Congress. 
All  hopes  that  a  decided  change  would  take  place  in  the  senti- 
ments of  the  majority  of  the  inhabitants  of  the  "  Grants"  hav- 
ing failed,  the  state  committee  resolved,  on  the  1st  of  March,  to 
present  their  appeal  to  Congress  without  further  delay.  With 
the  letter  which  had  been  already  prepared  another  was  sent, 
in  which  were  detailed  several  facts  which  had  lately  trans- 
pired. One  paragraph  in  this  communication  was  in  these 
words  :  "  The  Congress  may  be  assured  that  the  spirit  of  defec- 
tion, notwithstanding  all  the  arts  and  violence  of  the  seducers, 
is  by  no  means  general.  The  county  of  Gloucester,  and  a  very 
great  part  both  of  Cumberland  and  Charlotte  counties,  continue 
steadfast  in  their  allegiance  to  this  government."  In  support 
of  this  declaration  as  regarded  the  first  named  county,  reference 
was  made  to  a  letter,  inclosed,  from  Brigadier-General  Bayley, 
and  in  proof  of  the  rest  of  the  statement,  it  was  afiirmed  that 
Cumberland  and  Charlotte  were  still  represented  in  the  New 
York  Convention,  and  that  "  out  of  eighty  members  who  were 
expected  to  have  attended  the  mock  convention  of  the  deluded 
subjects"  of  New  York,  twenty  only  were  present.*    Intrusted 

*  The  number  of  delegates  in  attendance  at  the  conTention  held  at  Westmin- 
ster on  the  loth  of  Januar}',  1777,  and  referred  to  in  the  text,  was  twenty-four. 
Three  towns  expressed  their  approbation  of  its  measures  by  letter. — Slade's  Vt 
State  Papers,  p.  68. 


286  HISTORY   OF   EASTERN    VERMONT.  [1777. 

with  these  documents,  a  messenger  was  dispatched  to  Con- 
gress.* 

The  death  of  Joab  Iloisington,  which  took  place  early  in  the 
year,  left  the  rangers  without  a  commander.  The  conduct  of 
these  soldiers,  from  the  first,  seems  to  have  given  but  little  satis- 
faction. In  a  letter  to  Gen.  Schuyler  of  the  24th  of  February, 
Col.  Bedel  declared  that  they  had  not  done  three  days'  duty 
since  they  were  enlisted,  and  other  accounts,  though  not  so  dis- 
paraging, were  in  no  instance  complimentary.  Being  now 
wholly  unemployed,  although  they  had  been  engaged  to  serve 
during  the  war,  Gen.  Schuyler  proj^osed  to  the  Convention  that 
they  should  be  located  where  they  could  render  some  assistance. 
"  I  apprehend,"  wrote  he  on  the  4th  of  March,  "  there  will  be 
occasion  of  their  service  as  scouts  to  be  employed  on  the  head 
of  the  river  St.  Francis,  and  although  I  have  no  immediate 
power  from  Congress  to  engage  any  troops  for  that  purpose,  I 
shall  nevertheless  venture  on  the  measure  if  Convention  should 
think  proper  to  direct  that  they  should  be  put  under  my  com- 
mand as  Continental  troops;  in  which  case  the  Continental 
bounty  will  be  allowed  to  Convention  to  replace  what  it  may 
have  advanced  them."  This  communication,  and  another  dated 
the  6th  of  March,  on  the  same  subject  from  Gen.  Bayley,  were 
read  in  Convention  and  committed  to  Charles  De  Witt,  Simon 
Stevens,  and  Leonard  Gansevoort.  A  report  was  prepared  by 
these  gentlemen,  advising  the  adoption  of  certain  measures. 
Their  propositions  were  rea^  on  the  11th  of  March,  but  were 
not  received  with  favor,  and  the  whole  matter  was  recommit, 
ted,  James  Duane  and  John  Taylor  having  been  added  to  the 
committee. 

A  second  report  was  submitted  on  the  15th,  which  declared, 
that,  owing  to  the  present  state  of  Gloucester  and  Cumberland 
counties,  the  rangers  raised  under  the  command  of  the  late 
Major  Joab  Iloisington,  ought  to  be  contirmed  in  service,  pro- 
vided they  would  agree  to  be  employed  "  for  the  support  of  the 
common  cause  of  America,"  in  such  manner  as  the  Convention 
or  a  future  Legislature  of  the  state  should  think  proper.  If  an 
understanding  of  this  nature  could  be  eifected,  the  committee 
recommended  that  the  companies  should  be  mustered  by  com- 
missioners appointed  for  that  purpose,  and  such  soldiers  as  might 
be  willing  to  serve  as  before,  should  subscribe  an  enlisting  roll 

*  Journal  K  T.  Prov.  Cong.,  i.  775-780,  800,  820,  821.     Slade's  Vt.  State  Pa- 
pers, pp.  73-75.     Doc.  Hist.  N.  Y.,  iv.  925-S'30. 


1777.]  DEFECTION   AMONG   THE  MILITIA.  287 

to  that  effect.  They  further  advised  that  the  commissioners 
should  thereupon  appoint  one  lieutenant  for  every  thirty  men, 
and  one  captain  for  every  two  lieutenants ;  and  that  such  of  the 
soldiers  as  should  refuse  to  serve,  should  be  discharged,  having 
first  received  one-half  o|^  the  bounty  which  had  been  voted  by 
the  Convention  to  such  as  should  engage  to  serve  during  the 
war,  together  with  "pay  and  subsistence"  for  the  time  they  had 
been  employed.  Tliey  recommended  the  appointment  of  Gen. 
Jacob  Bayley,  John  Sessions,  and  James  Clay  as  commissioners, 
not  only  for  the  purpose  aforesaid,  but  also  to  examine  into  and 
state  the  sums  due  to  the  officers  and  privates  of  the  ranging 
companies  according  to  their  actual  services.  For  their  trouble 
and  expenses  while  actually  employed  in  this  business,  they 
were  to  be  paid  two  dollars  each,  per  diem.  The  consideration 
of  this  report,  in  consequence  of  its  connection  with  some  other 
topics  which  had  not  been  fully  discussed,  was  postponed. 
When  it  again  came  before  the  Convention  on  the  17th,  it  was, 
on  the  motion  of  Gouverneur  Morris,  a  second  time  recommitted. 
When,  on  the  18th,  final  action  was"  had,  no  alterations  were 
made  in  the  propositions  above  stated. 

In  accordance  with  the  resolve  of  the  9th  of  February,  Col. 
William  Williams  of  Wilmington  had  received  orders  both  from 
Gen.  Schuyler  and  the  Convention  to  enlist  every  fifth  man  in 
the  lower  regiment  of  the  militia  of  Cumberland  county  for  the 
purpose  of  assisting  in  the  reinforcement  of  Ticonderoga.  He 
immediately  undertook  the  task  which  had  been  assigned  him, 
but  the  spirit  of  defection  had  spread  so  far,  that  he  met  with 
but  little  success.  "I  find,"  he  wrote  on  the  13th  of  April, 
"  that  in  general  the  men  are  averse  to  go  out  under  the  state  of 
New  York,  neither  do  I  think  it  possible  for  me  to  raise  any 
men.  They  are  ready  to  go  out  under  the  notion  of  New  Hamp- 
shire Grants,  or  a  new  state ;  but  for  my  own  part  I  am  willing 
to  serve  under  York  until  the  matter  can  be  decided  by  the 
Continental  Congress."  Similar  orders  were  transmitted  to  Col. 
Joseph  Marsh,  the  commandant  of  the  upper  regiment  in  the 
county.  His  exertions  were  followed  by  more  favorable  results, 
for  he  had  the  good  fortune  to  succeed  in  collecting  his  men 
and  in  marching  them  to  the  place  to  which  they  had  been 
ordered.  The  commissioners  who  had  been  chosen  to  settle 
with  the  rangers,  dispatched  the  business  with  commendable 
diligence.  In  communicating  an  account  of  their  transactions 
to  tlie  Convention,  on  the  21st  of  April,  John  Sessions,  the  chair- 


288  mSTOKY   OF   eastern   VERMONT.  [17T7. 

man,  signified  his  regret  that  all  the  negotiations  which  had 
been  had,  concerning  the  rangers,  had  been  attended  with 
"snch  perplexity  and  cost,"  and  expressed  a  hope  that  more 
care  would  be  taken  in  the  future  to  avoid  mistakes  and  pre- 
vent misunderstandings.  He  recomn^^nded  the  appointment 
of  a  paymaster  and  commissary,  for  the  companies  which  should 
be  continued  in  the  service,  and  proposed  Gen.  Bayley  for 
those  ofiices.  He  also  advised,  in  case  the  General  should  re- 
ceive the  appointments,  that  he  should  be  further  empowered  to 
correspond  with  the  commanding  officer  in  the  northern  depart- 
ment, and  in  that  way  act  as  director  of  the  rangers  of  Cumber- 
land and  Gloucester  counties.  He  further  declared  that  the 
situation  of  his  own  and  the  country's  affairs,  rendered  it  almost 
impracticable  for  him  to  attend  as  a  deputy  in  the  Convention. 
At  the  same  time  he  asserted  his  loyalty  to  the  state  of  Kew 
York,  and  his  displeasure  at  the  course  which  many  of  his 
friends  were  pursuing.  Referring  to  the  attempt  to  establish 
the  state  of  New  Connecticut  or  Vermont,  he  said,  "  I  hope  if 
prudent  measures  are  taken  this  new-fangled  scheme  will,  like 
the  house  of  Saul,  wax  weaker  and  weaker.  I  ardently  wish 
that  some  decisive  measures  might  be  taken  that  the  sword  of 
justice  and  sceptre  of  mercy  may  be  properly  exercised."  In 
the  same  reasonable  temper,  he  remarked  that  he  had  no  dis- 
position to  extenuate  the  faults  of  those  who  manifested  such 
contempt  for  the  authority  of  New  York.  He  desired  that 
every  obstacle  with  respect  to  the  title  of  lands  might  be  re- 
moved, and  expressed  the  wishes  of  the  more  moderate  inhabit- 
ants of  the  county,  when  he  indirectly  recommended  the  abo- 
lishment of  quit  rents,  and  advised  the  substitution  of  a  land 
tax  in  their  place. 

A  joint  letter  was  prepared  on  the  2d  of  May,  by  Bayley, 
Clay,  and  Sessions,  the  commissioners  for  settling  with  the  ran- 
gers. In  this  communication,  the  Convention  were  informed  of 
the  course  which  had  been  pursued  in  investigating  and  wiping 
out  the  old  accounts.  The  formation  of  a  company  mustering 
one  hundred  and  fifty-two  men,  to  be  divided  according  to  the 
plan  previously  suggested,  was  announced  ^s  the  result  of  the 
efforts  which- had  been  made  to  secure  re-enlistments.  A  pro- 
position was  made  that  these  soldiers  should  be  employed  as 
scouts  and  messengers  between  Connecticut  river,  Ticonderoga, 
and  Canada,  and  that  they  should  be  paid  according  to  the  rules 
of  the  Continental  service.     This  communication  having  been 


1777.]  FUETIIER   PKOCEEDINGS    OF   THE   CONVENTION.  289 

read  in  Convention,  was  referred  to  a  committee,  who,  after  due 
deliberation,  reported  the  accounts  therein  stated  correct.  Con- 
formable to  this  report,  the  treasurer  of  the  state  was  directed 
to  pay  to  the  commissioners,  the  sum  of  $13,430,  and  take 
a  receipt  for  that  amount  from  the  messenger  who  had  been 
deputized  by  the  commissioners  to  receive  the  money.  Upon 
the  suggestions  regarding  the  method  of  employing  the  new 
ti'oops,  no  action  was  taken.* 

While  endeavoring  to  regulate  the  militia,  the  Convention  had 
not  neglected  to  attend  to  the  general  welfare  of  Cumberland 
county.  In  every  part  of  New  York,  as  in  the  other  states,  many 
who  had  joined  the  enemy,  had  left  their  possessions  in  such  a 
condition  as  to  render  them  liable  to  waste,  or  to  be  employed 
for  j)urposes  unfriendly  to  the  cause  of  liberty.  To  prevent 
these  results,  commissioners  were  appointed,  on  the  6th  of  March, 
in  every  county,  to  take  into  their  custody  "  all  the  personal 
property"  of  persons  answering  to  the  above  description,  and 
sell  it  at  public  vendue  after  ten  or  more  days'  notice.  An 
account  of  each  sale  was  to  be  left  with  the  treasurer  of  the 
state,  as  were  also  the  net  proceeds  and  such  moneys  as  might 
be  found.  The  whole  was  to  be  paid  to  the  respective  ownei-s, 
at  some  futm'e  time,  or  disposed  of,  at  the  discretion  of  the  Le- 
gislature of  the  state.  Strict  directions,  however,  were  given 
that  the  families  of  persons  who  had  joined  the  enemy,  should 
be  allowed  to  retain  their  apparel,  necessary  household  furni- 
ture, and  as  much  provisions  as  would  be  sufficient  to  maintain 
tliem  for  three  months.  James  Clay,  Amos  Robertson,  and 
Israel  Smith,  were  chosen  commissioners  for  Cumberland  coun- 
ty ;  but  the  appointment  of  commissioners  for  Gloucester  county 
was  deferred,  until  the  names  of  persons  fitted  for  the  trust  could 
be  obtained.f  By  a  resolution  passed  on  the  21st  of  March,  the 
commissioners  were  authorized,  in  case  of  a  refusal  to  deliver 
up  property  over  which  their  olfice  gave  them  jurisdiction,  to 
apply  to  the  committee  of  the  county  or  district  in  which  they 
might  meet  with  opposition,  for  such  aid  as  should  be  judged 
necessary  to  enable  them  to  perform  their  duty. 

«  Journal  N.  Y.  Prov.  Cong.,  i.  825,  831,  83'7,  839,  841,  907,  916:  ii  404, 
421,  431,  476, 477.  MS.  Letter  CoL  J.  Bedel  to  Gen.  Philip  Schuyler,  dated  Feb. 
24th,  1777. 

f  By  the  advice  of  Col.  Jacob  Bayley,  the  Convention  on  the  2d  of  May,  1777 
appointed  Col.  Peter  Olcott,  CoL  Jacob  Kent,  and  Maj.  Israel  Smith,  commission- 
ers for  Gloucester  county. — Journal  N.  Y.  Prov.  Cong.,  i.  907 :  ii.  498.  499. 

19 


290  HISTOET   OF   EASTERN    VERMONT.  [1Y77. 

One  of  tlie  most  important  measures  of  the  Convention,  during 
the  year,  was  the  adoption  of  a  state  constitution.  This  event 
took  place  on  the  20th  of  April.  It  would,  of  course,  be  out  of 
place  in  this  connection,  to  present  a  detailed  account,  or  even 
an  epitome,  of  this  most  "  venerable  monument  of  the  wisdom 
of  our  high-minded  ancestors."  Let  it  be  sufficient  to  say,  that 
such  men  as  John  Jay  and  Gouverneur  Morris  were  its  found- 
ers, and  that  it  continued  to  guide  and  govern  the  people  of 
Xew  York  until  the  year  1821,  when  a  new  system  was  adopt- 
ed. By  its  provisions,  the  supreme  legislative  power  v/as  vested 
in  an  Assembly  and  a  Senate.  In  the  former  body,  Cumber- 
land county  was  allowed  a  representation  of  three  members  and 
Gloucester  two.  The  state  was  divided  into  four  senatorial  dis- 
tricts ;  and  of  these  the  eastern  district  comprised  the  counties 
of  Charlotte,  Cumberland,  and  Gloucester,  and  was  permitted  to 
elect  thi-ee  of  the  twenty-four  state  senators. 

Until  the  new  constitution  should  take  effect,  the  Convention 
were  willing  to  increase  the  powers  and  dignify  the  character 
of  the  committees  of  safety,  who  had  acted  so  important  a  part 
in  regulating  the  affairs  of  the  districts,  counties,  or  towns  over 
which  they  bore  rule.  To  this  end,  they  passed  a  recommenda- 
tion, on  the  21st  of  April,  counselling  all  the  committees  in  the' 
state  "  to  use  their  utmost  endeavors  to  apprehend,  secure,  and 
otherwise,  according  to  their  discretion,  dispose  of  aU  such  per- 
sons" as  they  might  deem  inimical  or  dangerous  to  the  state. 
As  the  time  for  which  the  committees  were  appointed  to  serve 
would  soon  expire,  the  Convention  adopted  a  resolution,  on  the 
5th  of  May,  caUing  on  the  inliabitants  of  the  state  to  choose 
"  active,  spirited,  and  discreet"  persons  to  act  as  committee 
inen,  and  to  continue  in  that  service  until  the  1st  of  the  follow- 
ing October.  "  Although,"  said  they  in  the  handbill  which  was 
circulated  throughout  the  state,  "  although  the  office  of  a  mem- 
ber of  any  of  tlie  said  committees  is  extremely  painful  and  labo- 
rious, yet,  as  the  service  will  probably  expire  before  the  said 
day,  it  is  most  earnestly  recommended  to  the  good  subjects  of 
this  state,  cheerfully  to  undertake,  and  vigilantly  to  execute,  the 
said  office ;  more  especially,  as  the  last  hope  of  our  dispirited 
foes  is  now  grounded  upon  those  intestine  divisions  which  they 
so  assiduously  labor  to  promote,  by  the  assistance  of  which  they 
expect  to  accumulate  greater  evils  upon  a  country  which  they 
cannot  subdue,  and  without  which  all  their  diabolical  designs 
must  prove  utterly  abortive."      Special  powers  were  given  tc 


1T77.]  MONETARY   ATFAIRe.  291 

some  of  the  committees.  Those  of  Albany,  Tiyon,  Charlotte, 
Cumberland,  Gloucester,  Ulster,  and  Orange  counties,  were  re- 
quested and  authorised  "  to  take  the  most  eifectiial  measures  to 
prevent,  suppress,  and  quell  all  insurrections,  revolts,  and  disaf- 
fection within  their  respective  counties,"  and  were  also  empow- 
ered to  call  out  the  militia  to  aid  them  in  destroying  or  securing 
any  who  might  be  found  in  arms  against  the  state. 

At  the  same  time  measures  were  taken  by  the  state  to  main- 
tain the  monetaiy  affairs  of  Cumberland  and  Gloucester  coun- 
ties, and  an  attempt  was  made  to  exert  a  more  direct  influence 
upon  the  people  by  appointing  to  such  offices  as  the  state 
government  was  empowered  to  fill  men  who  were  friendly  to 
its  interests  and  designs.  At  the  request  of  Simon  Stevens,  one 
of  the  deputies  from  Cumberland  county,  the  Convention,  on 
the  3d  of  May,  ordered  the  state  treasurer  to  accommodate  him 
with  the  sum  of  £60,  and  render  the  charge  to  his  constituents. 
This  circumstance  showed  that  confidence  was  still  reposed  in 
the  honor  of  the  county,  although  its  loyalty  was,  to  all  appear- 
ances, irrevocably  lost.  On  the  5th  of  May,  Paul  Spooner  was 
chosen  by  the  Convention,  sheriff  of  Cumberland  county,  and  in 
conjunction  with  other  sheriffs  in  the  state,  was  ordered  to  qua- 
lify himself  without  delay,  and  give  public  notice  in  his  baili- 
wick of  the  time,  place,  and  manner  of  the  first  state  election, 
and  of  the  offices  which  were  to  be  filled.*  The  places  desig- 
nated for  holding  the  election  in  Cumberland  county,  were  the 
house  of  Seth  Smith  in  Brattleborough,  the  house  of  Luke 
Knowlton  in  'New  Fane,  the  Court-house  in  Westminster,  the 
house  of  Jonathan  Tarbell  in  Chester,  the  Town-house  in  Wind- 
sor, and  the  house  of  Col.  Joseph  Marsh  in  Hertford.  Writs  of 
dedimus  'potestatem  were  issued  to  John  Sessions  and  John 
Stevens,  to  enable  them  to  qualify  the  county  officers  of  Cum- 
berland county  ;  and  the  same  authority  was  given  to  Brig.-Gen. 
Bayley,  to  be  exercised  in  the  county  of  Gloucester. f 

Meantime,those  who  continued  favorable  to  the  government  of 
!Xew  York  were  striving  to  stem  the  opj^osition  which  surround- 
ed them  on  every  side.     In  Brattleborough,  they  were  more 

*  Spooner  declined  the  appointment  soon  after  it  had  been  given  him,  and  the 
Convention  were  informed  of  his  refusal  in  a  letter  which  he  wrote  them,  and 
which  was  presented  on  the  15tli  of  July,  1777,  by  Col.  Eleazer  Patterson  of  Hins- 
dale, now  Vernon. — Journal  K  Y.  Prov.  Cong.,  i.  995. 

f  Journal  N.  Y.  Prov.  Cong.,  i.  826,  845,  892,  898,  910,  912,  917,  918,  935,  937. 
Dunlap's  Hist.  N.  Y.,  ii.  130.  Handbill  issued  "  In  Convention  of  the  Representa- 
tives of  the  state  of  New  York,  at  Kingston,  May  5,  1777."    Pingry  MSS. 


292  mSTORT   OF   eastern   VERMONT.  [1777. 

numerous  than  the  Yermont  adherents,  and  were  not  afraid 
to  act  as  their  convictions  dictated.  At  one  of  their  meet- 
ings held  in  that  town,  on  the  22d  of  April,  they  declared  that, 
as  they  had  always  owed  allegiance  to  the  state  of  Kew  York, 
so  they  would  continue  to  pay  that  allegiance,  and  would 
strictly  adliere  to  such  directions  as  might  be  sent  from  the 
Convention  of  that  state.  To  express  these  views  to  the  New 
York  Convention,  Israel  Smith  was  chosen  agent  for  the  town, 
and  his  instructions,  dated  the  25th  of  April,  pointed  out  to  him 
the  manner  in  which  he  should  fulfil  his  commission.  He  was 
especially  directed  to  inform  the  Convention,  that,  at  the  meet- 
ing held  at  Westminster  on  the  15th  of  January  previous,  not 
one  half  the  towns  in  Cumberland  county  were  represented ; 
that  all  the  people  in  Brattleborough  were  loyal  to  the  state  of 
'New  York,  and  considered  themselves  in  duty  bound  to  execute 
all  orders  of  the  state  and  Continental  Congress ;  and  that,  in 
the  opinion  of  many,  these  were  the  sentiments  of  the  majority 
of  the  property  holders  in  the  county.  He  was  also  instructed 
to  say,  that  the  spirit  of  faction  was  so  rife  that  it  was  dangerous 
to  speak  against  a  new  state,  and  that  the  difficulties  prevalent 
in  the  county,  were  neither  few  nor  unimportant.  These  instruc- 
tions were  signed  by  Obadiah  Wells,  Seth  Smith,  Samuel  War- 
riner,  James  Blakeslee,  and  John  Griffin. 

On  his  appearance  in  Convention,  on  the  6th  of  May,  the 
papers  with  which  he  had  been  intrusted  were  read  and  com- 
mitted to  Gouverneur  Morris  and  Simon  Stevens.  In  his  con- 
ferences with  these  gentlemen,  he  informed  them  more  particu- 
larly of  the  condition  of  the  town  which  he  represented,  and,  in 
a  general  way,  of  the  aifairs  of  the  county.  The  report  of  the 
committee  was  divided  into  two  parts;  the  first  part  having 
reference  to  those  inconveniences  which  obtained  equally  in  the 
counties  of  Cumberland,  Gloucester,  and  Charlotte,  arising  from 
the  uncertainty  or  defect  of  land  titles,  distance  from  the  seat  of 
■government,  and  the  exaction  of  heavy  quit  rents ;  and  the 
second  part  relating  to  the  disadvantages  sufiered  by  the  people 
of  Brattleborough  on  account  of  their  steady  attachment  to  Wew 
York.  In  the  latter  portion  of  the  report,  the  committee,  in 
conformity  with  the  information  given  them  by  Mr.  Smith,  and 
obtained  from  otljer  reHable  sources,  declared  that  the  inhabit- 
ants of  Brattleborough  had,  on  account  of  their  "  unwearied  op- 
position" to  the  independence  of  Yermont  as  a  separate  state, 
and  their  allegiance  to  New  York,  become  odious  to  some  of 


1777.]  RESOLUTIONS    OF   THE   COlIillTTEE.  293 

their  neighbors ;  that,  owing  to  the  indolence  or  disaffection  of 
their  mihtia  officers,  they  were  not  in  a  position  to  exert  them- 
selves against  the  common  enemy,  although  willing  to  aid,  should 
their  services  be  required  ;  that  they  were  in  want  of  arms  to 
reduce  the  tories  to  subjection;  and  that,  although  they  were 
ready  to  join  in  new  and  spirited  measm'es  against  the  Tories, 
yet  it  was  feared  that  it  would  be  impossible  to  collect  a  county 
committee  to  carry  such  measures  into  execution. 

In  view  of  this  representation,  and  of  the  general  condition  of 
the  state,  the  committee  reported  on  the  10th,  that  it  would  be 
utterly  impracticable  to  furnish  the  inhabitants  of  Brattlebo- 
rough  with  arms ;  and  that  the  odium  they  had  incurred  from 
their  attachment  to  New  York,  could  not  be  removed  except 
by  a  change  in  the  opinions  of  those  who  favored  the  new 
state — a  change  which  the  committee  imagined  would  take  place 
as  soon  as  those  who  had  revolted  became  convinced  of  their 
true  interests.  Upon  the  remainder  of  the  representation,  the 
committee  submitted  these  resolutions  : — 

"  First.  Whereas  it  hath  been  represented  to  this  Conven- 
tion, that  divers  of  the  inhabitants  of  the  county  of  Cumberland, 
who  are  desirous  of  continuing  the  subjects  of  this  state,  are, 
from  divers  reasons,  incapable  of  exerting  themselves  in  the 
general  defence,  particularly  from  the  want  of  proper  officers — 
therefore,  Resolved,  that  it  be  recommended  to  such  inhabit- 
ants to  associate  as  follows,  to  wit :  '  We,  the  subscribers,  sub- 
jects of  the  state  of  ISTew  York,  do  associate  together  for  the 
defence  of  the  United  States  against  the  King  of  Great  Britain, 
as  follows :  First.  We  will  choose  our  officers  by  vote  of  the 
majority  in  each  respective  comj)any  or  regiment.  Secondly. 
We  will  obey  our  officers  so  chosen  in  the  same  manner  as  the 
militia  of  the  said  state,  render  obedience.  Thirdly.  The  names 
of  tlie  said  officers  shall  be  transmitted  to  the  government  of 
the  said  state,  and  to  the  general  in  the  northern  department. 
Lastly.  This  association  shall  continue  in  force  imtil  revoked  by 
proper  authority.' 

"  Second,  Whereas  it  hath  been  suggested  to  this  Convention, 
that  the  county  committee  of  the  county  of  Cumberland  cannot 
be  collected  together  but  with  great  difficulty.  Resolved,  that 
any  committee  chosen  by  the  inhabitants  of  three  or  more  adjoin- 
ing townships,  within  the  said  count}",  may  exercise  the  powers 
[of  a  county  committee  of  safety.]" 

That  part  of  the  report  which  related  to  the  condition  of  the 


294  msTORT  OF  eastern  yekmont.  [17T7. 

"Grants,"  together  witli  the  portion  ah-eady  cited,  was  tabled, 
the  two  resolutions  excepted.  The  latter  of  these  was,  how- 
ever, changed  so  as  to  read  thus :  "  Resolved,  that  such  of  the 
members  of  the  said  county  committee  as,  on  due  and  regular 
notice  for  the  convening  of  the  said  committee,  shall  meet,  be 
authorized  to  proceed  to  business."  Such  was  the  result  of 
Smith's  mission  to  the  New  York  Convention.* 

Encouraged  by  the  evidences  of  good  will  on  the  part  of  Kew 
York,  the  county  committee  of  safety  still  continued  to  exercise 
their  functions,  though  unable  to  secure  such  obedience  to  their 
orders  as  they  desired.  At  a  general  meeting  held  in  the  Court- 
house at  "Westminster,  on  the  ttth  of  June,  it  was  resolved  that 
an  attempt  should  be  made  to  give  greater  vitality  to  their  ope- 
rations. Twelve  members  from  eight  towns  only  were  in  attend- 
ance on  the  first  day.  A  chairman  and  clerk  were  appointed, 
a  few  complaints  were  heard,  but  it  Avas  deemed  inexpedient 
to  proceed  with  the  business  of  the  meeting.  A  postponement 
was  therefore  agreed  on.  When  the  committee  reassembled  on 
the  following  morning,  and  it  became  known  that  no  addition 
had  been  made  to  their  number,  an  adjournment  was  voted, 
and  the  members  separated,  with  a  fuller  persuasion  than  they 
had  ever  before  felt,  of  the  weakness  of  the  minority  which 
they  represented. 

At  the  adjourned  meeting,  held  on  the  17th  of  June,  six 
members  from  five  towns  were  present.  After  waiting  for  two 
days  in  the  vain  hope  of  collecting  a  quorum,  a  readjournment 
was  resolved  on,  and  the  house  of  Capt.  John  Sergeant  in 
Brattleborough  was  selected  as  the  place  for  the  next  meeting. 
Nine  members  from  six  towns  assembled  in  Brattleborough,  on 
the  26th,  at  the  second  adjourned  meeting.  It  had  now  become 
evident  that  it  would  be  impossible  to  command  the  attendance 
of  a  majority  of  the  members.  The  committee  accordingly  re- 
solved that  they  would  act  in  accordance  with  the  dispensation 
which  had  been  granted  them  by  the  jSTew  York  Convention, 
and  proceed  to  business  without  a  quorum.  James  Clay,  Elea- 
zer  Patterson,  and  Hilkiah  Grout  were  thereupon  chosen  a  com- 
mittee to  draft  a  "True  Representation  of  the  Broken  State,  of 
the  Inhabitants  of  the  County,"  and  assign  some  reasons  for  the 
conduct  of  the  county  committee  in  neglecting  to  observe  the 

*  Journal  N.  Y.  Prov.  Cong.,  i.  913,  921.  Miscellaneous  Papers,  in  office  Sec. 
State,  N.  y.  xxxvii.  5Y,  397 :  xxxix.  23.   Doc.  Hist  N.  Y.,  iv.  936-940. 


17Y7.]  KEPOKT  OF  THE  COMMITTEE.  296 

resolves  of  the  Conyention  respecting  tlie  election  of  a  Governor 
and  representative  officers.    Their  report  was  in  these  words : — 

"  Pursuant  to  the  resolves  of  the  Honorable  Convention  of  the 
state  of  New  York,  appointing  the  committee  of  the  county  of 
Cumberland  to  assist  the  sheriif  in  holding  the  election  for  Go- 
vernor, Lieutenant  Governor,  Senators,  &c.,  the  county  commit- 
tee from  eight  towns  met  on  the  4th  day  of  June,  instant,  and 
proceeded  to  make  choice  of  Capt.  James  Clay,  chairman,  and 
Mr.  Simon  Stevens,  clerk,  and  after  deliberating  on  the  import- 
ant affairs  and  broken  state  of  the  county,  adjourned  until  the 
ITth  day  of  June,  instant,  at  which  time  they  met  according  to 
adjournment  from  five  towns.  But  the  sheriff  having  resigned 
his  commission,  and  entirely  refusing  to  act  thereon,  and  the 
committee  being  terrified  with  threats  from  the  people  who  are 
setting  up  a  new  state  here,  thought  it  imprudent  to  proceed  to 
any  business,  and  adjourned  to  meet  at  Brattleborough  on  this 
26th  day  of  June,  where  they  are  met  according  to  adjourn- 
ment from  six  towns,  and  where  also  a  number  of  men  who 
are  appointed  by  several  towns  to  make  their  disapprobation  to 
the  proceedings  of  the  late  convention  at  Windsor  pubHckly 
known,  in  some  proper  manner,  meet  the  committee  and  joyne 
with  them  in  representing  the  broken  and  disordered  state  of  the 
county,  and  making  their  disaj)probation  of  the  proceedings  of 
the  late  convention  at  AVindsor,  laiown  to  the  Honorable  Con- 
vention or  Assembly  of  the  state  of  New  York. 

"  "We  therefore,  the  committee  of  the  county  of  Cumberland, 
and  others  specially  appointed  by  the  towns  of  Weathersfield, 
Westminster,  Putney,  Brattleborough,  Hinsdale,  and  part  of 
Guilford,  for  said  purposes,  do  represent  as  follows,  viz.,  that  the 
convention  held  at  Windsor  on  the  4th  day  of  June,  instant, 
for  the  purpose  of  establishing  their  new  state  of  Yermont,* 
have  taken  into  their  possession  the  prison  of  this  county,  and 
have  strictly  forbid  all  committees  acting  under  the  authority 
of  the  state  of  New  York,  so  that  it  is  become  impracticable 
for  the  county  committee,  or  an}'-  other  committee  to  proceed  to 
any  pubHck  business  in  this  county.  As  the  result  of  these 
measures,  several  prisoners  now  in  prison  in  this  county  who 

*  The  Vermont  convention,  held  at  Windsor  on  the  4th  of  June,  recommended 
to  the  people  of  the  new  state  to  assemble  in  their  respective  towns  on  the  23d 
of  the  same  month,  and  choose  representatives  to  meet  at  Windsor  on  the  2d  of 
July  following,  for  the  purpose  of  forming  a  constitution,  and  electing  delegates 
to  the  Congress  of  the  United  States. — Various  MSS. 


296  HISTOKT    OF   EASTEEN   YEEMONT.  [1777. 

might  have  been  set  at  hberty,  agreeable  to  the  resolves  of  the 
Convention  of  the  state  of  New  York,  are  still  kept  in  prison  in 
the  most  pitiful  circumstances,  and  are  so  like  to  continue. 
The  pubKck  peace  is  so  interrupted  by  the  proceedings  of  this 
convention  at  Windsor,  and  by  those  disorderly  persons  who 
are  so  warmly  engaged  in  suj^porting  the  illegal  authority  of 
their  new  state,  that  it  hath  already  considerably  hindered  the 
raising  of  men  for  the  common  defence  ;  and  we  think  we  have 
reason  to  believe  that  if  a  stop  is  not  speedily  put  to  this  spirit 
of  disorder  which  rages  so  vehemently  here,  a  final  period  will 
soon  be  put  to  any  further  provision  being  made  in  this  county 
for  the  common  defence  of  America. 

"TVe  fm-ther  represent  that  a  considerable  number  of  the 
people  in  this  county  who  are  so  wai'mly  engaged  in  setting  up 
their  new  state,  have  not  any  or  but  little  property  wdiich  they 
can  claim  under  any  grant  whatever ;  and  we  really  believe 
that  the  leaders  of  the  people  who  are  for  the  new  state  in  this 
county,  are  pursuing  that  which  they  esteem  their  private 
interest,  and  prefer  that  to  the  publick  weal  of  America,  and 
that  they  are  determined  to  support  the  authority  of  their  new 
state  at  all  events ;  and  we  really  believe  that  without  the 
interposition  of  the  Honourable  Continental  Congress  they  will 
never  submit  to  the  authority  of  the  state  of  New  York  until 
obliged  so  to  do  by  the  sword. 

"  And  we  do  hereby  solemnly  declare,  that  we  entirely  disap- 
prove of  the  proceedings  of  the  late  convention  at  "Windsor, 
and  of  all  persons  whatever  acting  under  authority  of  said  con- 
vention, and  that  we  will,  at  all  times,  do  our  best  endeavour  to 
support  the  legal  authority  of  the  state  of  New  York  in  the 
county." 

This  report  having  been  accepted  by  the  committee,  was 
signed  by  James  Clay,  the  chairman.  Eleazer  Patterson  and 
Hilkiah  Grout  were  deputed  to  present  it  to  the  Convention  of 
New  York.  In  the  credentials  which  were  given  them,  it  was 
stated  that  the  expense  of  their  journey  was  to  be  paid  by 
private  subscription,  inasmuch  as  the  state  of  the  county 
rendered  it  impossible  to  raise  money  in  any  pubKc  way.* 

*  Col.  Patterson  presented  his  commission,  and  the  various  papers  entrusted  to 
him,  to  the  New  York  Council  of  Safety,  on  the  15th  of  July,  111'!.  They  were 
committed  to  Robert  R.  Livingston,  Gen.  John  Morin  Scott,  and  Major  Christopher 
Tappen,  but  the  records  do  not  show  that  any  action  was  had  upon  them. — 
Journal  N.  Y.  Prov.  Cong.,  i.  995. 


1777.]  MEETING   OF  THE   NEW   STATE   CONTENTION.  297 

One  other  act  of  the  committee  is  worthy  of  notice.  By  a 
resohitioii  of  the  ]^ew  York  committee  of  safety,  passed  some 
mouths  previous,  authority  had  been  given  to  tlie  county  com- 
mittees to  select  places  suitable  for  the  residence  of  persons 
who  should  be  inoculated  with  the  small-pox.  In  conformity 
with  this  resolve,  permission  was  now  gi-anted  by  the  county 
committee  to  erect  a  house  in  Brattleborough  to  be  nsed  for 
that  j)urpose.  Obadiah  Wells,  Capt.  John  Sergeant,  and  Lieut. 
Israel  Smith,  were  empowered  to  select  a  proper  site  for  the 
building,  which  when  completed  was  to  be  in  their  charge. 
Special  instructions  were  at  the  same  time  given  them  as  to  the 
manner  in  which  they  should  act,  and  they  were  enjoined  to  be 
watchful,  lest  through  any  neglect  the  dreaded  disease  shoidd 
extend  its  ravages  among  those  who  could  not  receive  the  treat- 
ment necessary  to  their  health  and  safety.  The  committee 
then  adjom-ned,  to  meet  on  the  first  Tuesday  in  September,  at 
the  court-house  in  "Westminster.* 

On  the  2d  of  July,  the  convention  of  the  new  state  of  Ver- 
mont assembled  at  Windsor.  The  draft  of  a  constitution  was 
presented  and  read,  and  the  convention  entered  upon  an  exami- 
nation of  its  articles,  determined  to  accept  of  nothing  which 
would  not  support  the  principles  of  republicanism  and  demo- 
cracy combined.  In  the  midst  of  their  deliberations,  news  came 
that  Ticonderoga  had  been  evacuated,  and  that  the  frontiers  of 
the  state  were  exposed  to  the  ravages  of  the  enemy.  Many 
wished  to  break  up  the  convention  and  return  to  their  homes, 
in  order  to  defend  their  families  and  firesides.  But  Providence 
had  ordered  otherwise.  While  fear  seemed  to  paralyze  efibrt, 
and  doubt  to  render  the  little  action  which  was  exerted  inefiect- 
ual,  a  violent  storm  arose.  So  fierce  was  the  conflict  of  the 
elements,  that  the  members  were  compelled  to  remain.  A  new 
life  seemed  to  inspire  the  convention.  The  constitution  was 
read,  paragraph  by  paragraph,  amid  the  roaring  and  flashing 
of  batteries  fiercer,  louder,  and  brighter  than  those  with  which 
the  British  were  at  that  moment  endeavoring  to  environ  the 
Americans  in  their  flight  from  Ticonderoga.  Evening  saw  the 
work  completed.  The  constitution  had  been  adopted,  a  council 
of  safety  had  been  appointed  to  act  dm-ing  the  recess,  and  the 
convention  had  adj  ourned.     Besides  the  adoj)tion  of  the  constitu- 

*  MSS.  in  the  possession  of  the  Hon.  William  M.  Pingry,  containing  a  record 
of  the  acts  of  the  Cumberland  county  committee  of  safety.  Journal  N.  Y.  Prov. 
Cong.,  i.  11Z. 


298  HISTOEY   OF   EASTEKN   VERMONT.  [1777. 

tion,  little  else  was  done  by  the  convention.  A  right  to  the 
county  jail  at  "Westminster  was,  however,  reiterated,  and  orders 
were  issued  to  a  sergeant  and  six  men  to  guard  it  both  by  night 
and  day,  and  to  permit  no  one  to  advance  within  six  feet  of  the 
gratings,  or  to  approach  the  j  aU  door.* 

While  the  New  York  and  Vermont  adherents  were  struggling 
for  the  supremacy  on  the  soil  which  they  both  claimed,  the 
supporters  of  the  former  in  the  New  York  council  of  safety, 
were  endeavoring  to  wring  from  the  Congress  of  the  United 
States  an  expression  of  opinion  as  to  the  validity  of  the  con- 
flicting claims.  In  a  letter  to  Congress  of  the  28th  of  May, 
wherein  reference  was  made  to  those  who  had  been  instrumental 
in  declaring  the  independence  of  Vermont,  they  said:  "Al- 
though we  apprehend  no  great  difhculties  in  reducing  these 
factious  spirits  to  obedience  and  good  order  by  the  justice  and 
vigor  of  the  government  of  this  state  without  the  aid  of  Con- 
gresSj  yet  as  a  report  prevails,  and  is  daily  gaining  credit,  that 
they  are  privately  countenanced  in  their  designs  by  certain 
members  of  your  honourable  house,  we  esteem  it  our  duty  to 
give  you  this  information,  that  by  a  proper  resolution  on  that 
subject,  the  reputation  of  Congress  may  cease  to  be  injured  by 
imputations  so  disgraceful  and  dishonourable."  Although  some 
members  of  Congress  had  expressed  oj)inions  favorable  to  the 
establishment  of  Vermont,  yet  their  number  was  small,  and  did 
not  at  present  seem  likely  to  receive  accessions.  "When  the 
petitions  from  Vermont  and  the  letters  from  New  York  had 
been  thoroughly  examined,  the  subject  of  the  controversy  was 
referred  to  a  committee  of  the  whole  house.  When  their  report 
had  been  submitted,  Congress  resumed  the  discussion,  and 
determined  after  long  debate,  to  agitate  no  further  a  topic  which 
appeared  to  be  pregnant  with  difficulties.  To  this  end  they 
resolved  on  the  30tli  of  June,  that  the  independent  government 
whose  establishment  had  been  attempted  by  the  people  of  the 
new  state,  "  could  derive  no  countenance  or  justification  from 
any  act  or  resolution"  which  they  had  passed.  Other  resolutions 
explaining  more  fully  their  sentiments  were  at  the  same  time 
adopted,  and  Vermont  was  left  to  pursue  her  own  course,  with 
the  sure  warrant,  however,  of  the  disapprobation  of  Congress.f 

*  Slade's  Vt.  State  Papers,  p.  79.  MS.  letter  from  William  Williams  to  Capt 
John  Sessions,  dated  July  7th,  1777. 

f  By  a  resolution  of  the  New  York  council  of  safety,  passed  at  Kingston, 
July  17th,  1777,  printed  copies  of  the  resolves  of  Congress  referred  to  in  the  text 


177Y.]  LETTEK   OF   GEN.    BAYLET.  299 

In  order  to  concentrate  the  troops  not  at  that  time  in  actual 
service,  the  'New  York  council  of  safety  had,  on  the  28th  of  May, 
requested  Gen.  Bayley  to  march  the  ranging  company  formerly 
commanded  by  Joab  Hoisington,  but  now  in  charge  of  Capt. 
Benjamin  Wait,  to  Kingston,  there  to  receive  further  instruc- 
tions. Orders  were  accordingly  issued,  but  it  was  found  im- 
possible to  procure  money  to  support  the  men  on  their  jour- 
ney, and  for  this  reason  they  refused  to  advance.  In  a  letter 
from  Gen.  Bayley,  of  the  14th  of  June,  containing  the  reason 
of  their  refusal  to  obey  orders,  he  adverted  to  the  situation  of 
the  people  inhabiting  the  north-eastern  counties.  He  stated  that 
he  had  received  an  ordinance  from  the  state  council  of  safety 
directing  the  election  of  state  oflBcers  ;  that  the  sheriff  had 
given  the  proper  orders  to  the  different  towns,  but  that  it  was 
not  probable  the  people  would  choose  any  members  to  sit  in 
tlie  Legislature  of  ISTew  York.  In  this  supposition  he  was  cor- 
rect. A  few  days  later,  when  a  committee  from  Charlotte 
county  visited  Cumberland  county,  to  obtain  information  as  to 
the  temper  of  the  people  east  of  the  Green  mountains,  word 
was  returned  that  "  the  New  Hampshu-e  Grants  had  declared 
themselves  independent,  and  would  not  let  the  county  commit- 
tees sit,  nor  permit  anything  to  be  transacted  under  the  juris- 
diction of  New  York." 

While  matters  were  in  this  condition,  the  New  York  council 
of  safety  resolved,  on  the  2Tth  of  June,  that  the  company  of 
rangers  commanded  by  Capt.  Wait  should  be  "peremptorily 
ordered"  to  repair  immediately  to  Kingston,  and  that  all  arrear- 

were  sent  to  James  Clay,  the  chainnan  of  the  general  committe  •  of  the  county 
of  Cumberland,  to  be  given  by  him  to  Col.  Eleazer  Patterson,  and  Major  John 
Wheeloek,  with  a  request  that  they  should  distribute  them  through  the  eastern 
district  of  the  state.  By  his  own  exertions,  Clay  notified  the  resolves  to  the 
towns  in  Cumberland  county,  and  at  the  same  tijne  requested  that  a  meeting 
might  be  called  in  each  town  for  the  purpose  of  affording  the  people  an  opportu- 
nity to  hear  the  resolves  read  publicly,  and  to  ascertain  whether  they  were  will- 
ing to  choose  county  committee  men  to  meet  at  Westminster  court-house  on  the 
first  Tuesday  in  the  following  September.  The  Vermont  council  of  safety  hear- 
ing that  Clay  was  thus  engaged,  issued  a  warrant,  dated  August  10th,  1777,  for 
his  arrest.  He  was  accordingly  taken  before  them  aa  a  prisoner,  and  was  informed 
by  Col.  Thomas  Chittenden  that  he  had  done  wrong  in  obeying  the  directions  of 
the  state  of  New  York  ;  in  notifying  a  meeting  of  the  county  committee  ;  in  dis- 
tributing the  resolves  of  the  Continental  Congress ;  and  in  inciting  people  against 
the  new  state.  On  these  charges  Clay  was  detained  in  custody  six  days.  At  the 
end  of  that  period,  he  was  allowed  to  return  to  his  home  in  Putney. — Miscel- 
laneous Papers  in  ofiice  Sec.  State,  N.  Y.,  vol.  xxxvii ;  also  Papers  relating  to  the 
Vermont  Controversy,  pp.  2-4.     Doc.  Hist.  N.  Y.,  iv.  944-948. 


300  HISTORY   OF   EASTERN   VERMONT.  [1777. 

ages  should  be  paid  them  on  their  arrival  at  that  place.  By 
another  resolution,  they  directed  $200  to  be  advanced  to  Capt, 
Wait  to  defray  the  travelling  expenses  of  his  men.  On  reaching 
their  place  of  destination,  permission  was  to  be  given  them  to 
receive  rations  instead  of  subsistence-money,  if  such  should  be 
their  wish.  A  copy  of  these  resolutions  was  sent  to  Capt.  Wait, 
and  notice  was  at  the  same  time  given  him  that  compliance 
was  expected.  Li  obedience  to  orders.  Wait  proceeded  to 
Kewbury,  in  Gloucester  county,  and,  on  arriving  there,  was 
informed  that  his  under-officers  and  men  had  marched  for 
Ticonderoga,  to  ward  off,  if  possible,  the  attack  anticipated  at 
that  post.  On  their  return,  on  the  14:th  of  July,  he  called  them 
together  and  ordered  them  to  set  out  for  Kingston.  This  com- 
mand they  refused  to  obey,  and  in  support  of  their  refusal,  de- 
clared that  at  the  time  of  their  enlistment  they  did  not  exjDect 
to  be  removed  from  the  counties  of  Cumberland,  Gloucester 
and  Charlotte ;  that  on  account  of  the  abandonment  of  Ticon- 
deroga, the  frontiers  were  exposed  to  the  attacks  of  the  enemy ; 
and  that  they  could  not,  under  such  circumstances,  tliink  of 
leaving  their  wives  and  children  unprotected  and  alone.  This 
answer  was  presented  on  the  26th  to  the  New  York  council  of 
safety,  who  declared  themselves  satisfied  with  Wait's  conduct, 
but  refused  to  pass  any  resolutions  respecting  the  conduct  of  the 
rangers,  choosing  to  leave  that  subject  for  the  consideration  of 
the  Legislature,  who  were  soon  to  assemble.* 

Owing  to  the  defenceless  condition  of  Cumberland  county, 
many  attempts  were  made  by  the  inhabitants  to  procure  arms 
and  ammunition,  that  they  might  be  enabled  to  defend  their 
families  from  the  attacks  of  the  enemy's  ranging  parties,  and  in 
the  meantime  prepare  to  escape  to  more  secure  abodes,  should 
the  British  approach  in  force.  Among  those  most  active  in  for- 
warding these  measures,  was  Charles  Phelps.  Though  far  from 
single-minded  in  many  of  his  operations,  yet  in  this  instance  he 
mingled  with  secondary  motives  enough  of  disinterestedness  to 
render  his  conduct  praiseworthy,  and,  to  some  extent,  merito- 
rious. From  a  period  anterior  to  the  erection  of  Fort  Dummer, 
the  General  Court  of  Massachusetts  had  professed  a  claim  to  a 
portion  of  what  was  now  the  southern  part  of  Cumberland 
county.  This  claim  had  for  a  long  time  been  allowed  to  rest  in 
abeyance.     Within  a  few  years,  a  disposition  to  renew  it  had 

*  Journal  K  Y.  Prov.  Cong.,  i.  94Y,  976,  977,  979,  980, 1016  ;  ii.  502.     Journals 
Am.  Cong.,  ii.  183.     Slade's  Vt.  State  Papers,  pp.  77-79, 


177T.]  PETITION   OF   CHAULES    PHELPS.  301 

been  evinced.  Taking  advantage  of  this  circumstance,  Plielps, 
on  the  17th  of  Julj,  addressed  a  petition  "  to  the  Honourable 
Council  of  the  most  Patriotic  State  of  the  ancient  Colony  of  the 
Massachusetts  Bay,"  in  behalf  of  the  inhabitants  of  fifty  town- 
ships mostly  in  Cumberland  county,  which,  three  years  ago, 
had  been  "claimed  by  the  legislative  authority  of  the  two 
houses  of  Assembly"  of  Massachusetts.  In  a  lengthy  address, 
he  referred  to  "  the  shameful  and  detestable"  evacuation  of  the 
"all  important  fortress  of  Ticonderoga,  and  the  adjacent  garri- 
sons ;"  to  the  pitiable  situation  of  the  "  infant  settlements  and 
defenceless  plantations ;"  to  the  destruction  of  men,  women,  and 
children,  which  would  surely  follow,  unless  strenuous  endeavor 
was  made  to  prevent  it ;  to  the  oppressive  sway  of  New  York 
and  her  "new-fangled  schemes;"  to  the  attempts  which  had 
been  made  by  the  adherents  of  the  new  state  of  Yermont  to 
put  a  period  to  the  jurisdiction  of  New  York,  by  "wrenching" 
prisons  and  prisoners  from  the  hands  of  New  York  prison- 
keepers  ;  to  the  settlers  scattered  among  "  woody,  mountainous 
wilds ;"  to  their  extreme  jjoverty ;  to  their  incessant  toil,  which 
scarcely  rewarded  them  with  the  food  necessary  to  support  life ; 
and  to  the  inability  of  the  people  generally  to  procure  the 
means  of  defence.  Pursuing  this  style  of  remark,  he  declared 
that  the  government  of  New  York  had  wholly  refused  to  afford 
any  protection  to  the  distressed  inhabitants  of  the  new  state,  on 
account  of  the  revolt  in  which  many  of  them  had  lately  engaged ; 
j'.nd  that  on  this  account,  the  only  alternative  left  them  was  to 
apply  for  assistance  elsewhere.  Tlie  petition  ended  with  a  re- 
quest for  arms  and  ammunition.  No  definite  number  or 
amount  was  named,  since  it  was  thought  best  that  the  Council 
should  assist  according  to  their  ability  rather  than  be  guided  in 
their  actions  by  the  necessities  of  others. 

In  answer  to  this  petition,  Phelps  was  referred  to  General 
Heath.  Heath  immediately  wrote  to  the  Council,  that  he  had 
no  power  "to  issue  arms  to  any  other  than  the  Continental 
troops,"  but  at  the  same  time  asked  the  question  whether  a 
number  of  arms  put  into  the  hands  of  the  Vermonters,  would 
not  answer  a  valuable  purpose.  In  reply  to  this  question,  which 
comprised  the  substance  of  Phelps's  petition,  the  Council  order- 
ed the  Board  of  War  to  deliver  to  Abel  Marsh,  and  Charles 
Phelps,  three  hundred  fire  arms,  on  condition  that  they  should 
pay  or  give  security  for  them,  and  engage  to  distribute  them 
among  the  inhabitants  of  the  New  Hampshire  Grants.     On  the 


302  HISTORY   OF   EASTERN   VERMONT.  [1777. 

same  conditions,  the  Board  of  War  were  further  directed  to 
furnish  Phelps  with  one  hundred  and  fifty  pounds  of  powder, 
three  hundred  pounds  of  lead,  and  four  hundred  and  fifty  flints, 
to  be  distributed  among  those  persons  who  should  receive 
arms.* 

l^or  were  the  people  of  Cumberland  county,  themselves 
inactive.  All  who  were  not  incapacitated  by  extreme  youth, 
old  age  or  infirmity,  were  formed  into  guard  companies  and 
scouting  parties,  and  were  stationed  at  the  points  and  along  the 
roads  by  which  it  was  supposed  the  enemy  would  advance. 
But  as  preparations  went  on,  fear  increased.  Joel  Matthews 
of  Hertford,  having  heard,  on  the  19tli  of  July,  that  the  forces 
of  Burgoyne  were  at  Rutland,  and  that  they  intended  to 
advance  on  JN'umber  Four,  and  send  forward  a  detachment  to 
the  Coos  country  lying  north  of  Newbury,  ordered  out  the 
militia  under  his  command,  and  sent  word  to  Col.  Joseph 
Marsh,  that  although  he  should  await  his  orders,  he  should  yet 
march  whatever  men  he  might  be  able  to  raise,  to  oppose  the 
enemy.  This  information  having  reached  Bezaleel  Woodward 
at  Hanover  in  ISTew  Hampshire,  on  a  Saturday  near  midnight, 
he  immediately  endeavored  to  disseminate  it  among  the  ofiicers 
and  soldiers  of  the  state  by  expresses. 

One  appeal  for  aid,  written  by  him  at  this  critical  moment, 
concluded  with  these  words  :  "  As  you  regard  the  safety  of  this 
frontier,  for  God's  sake,  jjray  come  forward  without  delay." 
As  the  impression  became  more  prevalent,  that  the  enemy 
were  advancing  to  scour  the  banks  of  the  Connecticut,  the 
terror  of  the  inhabitants  increased.  In  one  day,  from  the 
thinly  settled  towns  of  Stratford  and  Tlietford,  thirty  men 
deserted  and  went  over  to  the  enemy.  By  this  cowardly  act, 
twenty  families,  and  over  four  hundred  cattle  and  sheep,  were 
deprived  of  protection.  By  the  kindness  of  the  people  of  Lyme, 
they  were,  however,  conveyed  across  the  river,  and  made  com- 
fortable by  shelter  and  security.  On  the  21st,  Gen.  Bayley 
advised,  that  the  militia  of  the  county  should  march  to  Otter 
creek.  If  they  shall  do  so,  said  he,  "we  will  operate  with 
them — otherwise  five  hundred  men  will  not  be  able  to  guard 
Connecticut  river." 

By  the  time  the  enemy's  forces  had  arrived  within  thirty- 
four  miles  of  the  Connecticut,  the  consternation  had  become 

*  Revolution  Council  Papers,  in  office  Sec.  State,  Mass.,  1777,  iv.  90-92:  2d 
series,  1775-1777,  p.  291;  also  Revolution  Letters,  v.  307. 


1777.]      btjegotne's  msTEUcnoNS  to  lieijt.-col.  EAor.         303 

general.  Many  refused  to  take  up  arms  in  defence  of  their 
families  and  firesides,  and  some  declared  ojDenly,  their  inten- 
tion of  joining  the  British  as  soon  as  they  should  make  their 
appearance.  Nor  were  these  fears  without  cause.  Although 
Burgoyne  had  not  at  that  time  made  known  his  intention  of 
ravaging  the  country  bordering  the  Connecticut,  still  that  such 
was  his  design,  there  was  no  room  to  doubt.  In  the  instructions, 
which,  on  the  9th  of  August,  he  issued  to  Lieut.-Col.  Baum, 
this  intention  was  fully  proved.  That  he  might  "  try  the  afiec- 
tions  of  the  country,  disconcert  the  councils  of  the  enemy,  and 
obtain  large  supplies  of  cattle,  horses,  and  carriages,"  he  charg- 
ed the  allied  Hessian  in  these  terms.  "  You  are  to  proceed 
from  Battenkill  to  ArHngton,  and  to  take  post  there  till  the 
detachment  of  Provincials  under  the  command  of  Capt.  Sher- 
wood shall  join  you  from  the  southward.  You  are  then  to  jDro- 
ceed  to  Manchester,  where  you  will  again  take  post,  so  as  to 
secure  the  pass  of  the  mountains  on  the  road  from  Manchester 
to  Eockingham.  .  From  thence  [i.e.  Manchester],  you  will 
detach  the  Indians  and  light  troops  to  the  northward,  towards 
Otter  creek.  On  their  return,  and  also  receiving  intelligence 
that  no  enemy  is  in  force  uj)on  the  Connecticut  river,  you  will 
proceed  by  the  road  over  the  mountains  to  Rockingham,  where 
you  will  take  post.  This  will  be  the  most  difficult  part  of  the 
expedition,  and  must  be  jjroceeded  upon  with  caution,  as  you 
will  have  the  defile  of  the  mountains  behind  you,  which  might 
make  a  retreat  difficult.  You  must  therefore  endeavor  to  be 
well  informed  of  the  force  of  the  enemy's  militia  in  the  neigh- 
boring country.  Should  you  find  it  may  be  efiected,  you  are 
to  remain  there,  while  the  Indians  and  light  troops  are  detach- 
ed up  the  river,  and  yon  are  afterwards  to  descend  the  river  to 
Brattleborough,  and  from  that  place  by  the  quickest  march,  you 
are  to  return  by  the  great  road  to  Albany." 

Such  was  the  course  which  the  British  General  had  marked 
out  for  the  Hessian  Colonel.  By  pursuing  it,  Burgoyne  hoped 
to  replenish  his  diminishing  stores,  and  to  render  the  condition 
of  his  forces  so  formidable  as  to  enable  him  to  obtain  jjossession 
of  Albany,  and  establish  there  the  headquarters  of  his  army. 
But  the  result  of  the  battle  at  Bennington,  not  only  changed  the 
entire  programme  of  his  proceedings,  but  aroused  in  the  breasts 
of  the  Americans  feelings  of  hope — ^feelings  to  which  they  had 
been  strangers  during  months  of  despondency  and  gloom.  The 
victory  at  Bennington,  like  that  achieved  at  Trenton,  was  re- 


304  niSTOET   OF   EASTERN   VERMONT.  [1777. 

ceived  with  exultation  throughout  the  whole  northern  coimtry. 
Men  who  had  long  time  been  wavering  between  the  smiles  of 
royalty  and  the  beggary  of  republicanism  snatched  eagerly  at 
the  honest  rags  of  the  latter,  and  spurned  the  glittering  robes 
of  the  former  with  unqualified  determination.* 

Although  events  connected  with  the  struggle  in  which  the 
whole  United  States  was  interested,  now  and  then  concentrated 
the  feelings  and  actions  of  the  people  of  Vermont,  and  led  them 
to  forget,  for  a  season,  the  differences  occasioned  by  the  conflict 
of  jurisdictions,  still  the  cessation  from  internal  discord  was 
only  temporary,  and  the  partizans  of  New  York  and  Vermont 
usually  returned  to  their  former  positions,  strengthened  in  the 
support  of  their  difierent  principles  by  the  respite  they  had  en- 
•joyed.  The  favorers  of  the  new  state,  supported  only,  it  is  true, 
by  an  infant  government,  felt  that  they  could  call  on  that 
government  for  assistance  and  be  sure  of  receiving  such  aid  as 
it  could  afford.  The  supporters  of  the  jurisdiction  of  New 
York,  on  the  contrary,  were  uncertain  whether  an  active  opposi- 
tion to  Vermont  would  be  sustained  by  those  to  whom  they  owed 
allegiance.  In  Cumberland  county,  committees  of  safety  had 
been  formed  under  the  superintendence  of  the  leading  men  of 
the  new  state.  The  committees  of  a  similar  name  who  had 
been  responsible  to  New  York  for  their  proceedings,  were  now 
almost  wholly  disregarded.  Tlie  power  of  the  Vermont  com- 
mittees was  far  in  the  ascendant.  They  it  was  who  decided  the 
differences  which  were  continually  arising  between  man  and 
man,  and  settled  disputes  which,  if  courts  of  law  had  been  then 
established,  would  have  been  there  determined.  By  them  the 
citizens  were  detailed  as  guards,  or  excused  from  militaiy  duty. 
In  their  estimation,  the  favorers  of  New  York,  who  resided  in 
Vermont,  were  but  little  better  than  enemies  to  American 
liberty.  From  men  of  this  class  they  would  frequently  extort 
no  inconsiderable  sums  of  money  for  the  support  of  government, 
tlireatening  them,  in  case  of  refusal,  with  bonds,  or  imprison- 
ment in  the  jail  at  Northampton,  Levies  were  often  made  by 
them  for  the  maintenance  of  the  militia,  and  those  who  refused 
to  serve  as  soldiers  were  compelled,  whether  acknowledging  the 
authority  of  New  York  or  Vermont,  to  pay  for  the  support  of 
a  certain  number  of  men  and  horses  for  a  specified  time.  In 
this  manner  the  Vermont  committees  of  safety  were  enabled  to 

*  MS.  letters  and  documents  in  office  Sec,  State  Vt. 


1777.]         GEORGE   CLmrON   ELECTED    GOV.    OF   NEW   YORK.  305 

maintain  the  authority  of  the  young  state,  and  in  many  of  the 
towns  in  Cumberland  county  to  liold  in  check  the  discontented 
and  rebellious  Yorkers. 

As  the  result  of  the  first  state  election  held  in  New  York, 
George  Clinton  was,  on  the  SOtli  of  July,  elected  Governor. 
Soon  after  this  event,  the  question  arose  whether  the  militia  of 
Cumberland,  Gloucester,  and  Charlotte  counties  should  be  called 
on  to  render  aid  to  that  state.  The  Governor  was  in  doubt  as 
to  the  course  he  should  pursue.  He  was  not  acquainted  with 
the  names  of  the  officers  in  command,  nor  did  he  expect,  if 
orders  were  issued,  that  they  would  be  obeyed.  On  the  other 
hand,  he  knew  that  if  he  should  neglect  to  notice  these  counties 
on  this  occasion,  when  he  was  calling  on  every  other  county  in 
the  state  for  a  proportion  of  their  militia,  the  oversight  would 
not  only  be  marked,  but  would  tend  to  strengthen  the  Yer- 
monters  in  carrying  forward  their  project  of  a  new  state.  For 
these  reasons,  on  the  13th  of  August,  he  ordered  all  the  coun- 
ties in  the  state,  those  on  the  New  Hampshire  Grants  included, 
not  only  to  make  returns  of  the  present  state  of  their  militia, 
but  also  to  furnish  their  quota  of  men  to  join  the  northern  army. 
Although  no  attention  was  paid  to  this  requisition  by  the  three 
counties,  yet  this  disobedience  did  not  prevent  the  exercise  of 
humane  feelings  on  the  part  of  New  York.  When  a  few  weeks 
later  it  became  known  that  the  inhabitants  of  the  northern  coun- 
ties were  suftering  from  a  want  of  salt,  the  subject  was  referred 
to  the  Legislature,  and  means  were  taken  to  supply  them  with 
a  sufficient  quantity  of  this  article  so  necessary  to  health  and 
subsistence. 

Notwithstanding  the  opposition  they  encountered,  the  com- 
mittee of  safety  in  Cumberland  county  who  derived  their 
powers  from  New  York,  met  occasionally,  and  strove  to  exert 
the  little  influence  left  them,  for  the  good  of  the  state  whose 
interests  they  represented.  On  assembling  on  the  2d  of  Sep- 
tember, there  were  present  delegates  from  six  towns  only.  In 
the  absence  of  Capt.  James  Clay,  the  chairman,  the  meeting  was 
called  to  order  by  Simon  Stevens,  the  clerk.  After  long 
debate  an  adjournment  until  the  following  day  was  ordered. 
But  this  measure  did  not  avail  to  increase  the  attendance.  Soon 
after  assembling  on  the  morning  of  the  3d,  a  motion  was  made 
to  send  some  "  suitable  person"  to  the  New  York  Legislature  to 
give  information  of  the  conduct  of  the  "  pretended  council" 
and  the  "  pretended  committees"  of  Yermont.     The  motion 

20 


306  HISTORY    OF   EASTERN   VERMONT.  [1777. 

being  lost,  the  committee  voted  to  adjourn  mitil  the  second 
Tuesday  in  November.  In  less  than  an  hour  after  the  adjourn- 
ment, Capt.  Clay  appeared,  attended  by  Obadiah  Wells  of 
Brattleborough.  The  members  of  the  committee  who  had  not 
as  yet  left  town,  together  with  those  who  had  just  arrived, 
again  assembled,  and  voted  to  send  Clay  to  ISTew  York  for  the 
purpose  of  representing  the  difficulties  of  the  county,  and  seek- 
ine:  some  method  of  relief.  The  credentials  which  he  received 
with  his  appointment  were  signed  by  Simon  Stevens,  Hilkiah 
Grout,  Michael  Gilson,  Obadiah  Wells,  and  Eleazer  Patterson, 
At  the  same  time  Deacon  John  Sessions  of  Westminster,  a 
supporter  of  the  jurisdiction  of  Kew  York,  wrote  to  the  con- 
vention of  that  state,  of  which  he  had  until  of  late  been  a 
member,  in  truly  scriptural  j)hrase,  an  account  of  the  incon- 
veniences to  which  he  was  subjected  because  of  his  opinions. 
"  My  opposition,"  said  he,  "  has  rendered  my  situation  some- 
what unhappy  at  present,  but  I  trust  I  shall  find  the  old  maxim 
true  in  the  end,  that  honesty  is  the  best  policy.  I  have  been  a 
sort  of  Micaiah  in  the  aifair,  and  I  believe  many  would  be  glad 
I  were  in  the  house  of  Jonathan,*  and  I  have  reason  to  expect 
this  will  be  my  fate  if  something  is  not  done  very  soon."f 

Having  been  successful  in  obtaining  arms  and  ammunition 
from  Massachusetts,  to  be  distributed  among  the  people  residing 
on  that  portion  of  the  "  Grants"  which  border  the  western 
banks  of  the  Connecticut,  Charles  Phelps  now  turned  his 
attention  towards  the  accomplishment  of  a  project  which,  had 
it  resulted  according  to  his  wishes,  would  have  rendered  the 
condition  of  the  inhabitants  of  Cumberland  county  far  more 
precarious  than  ever  before  it  had  been.  On  the  27th  of 
October  he  presented  a  memorial  to  the  Council  of  Massachu- 
setts, "  in  behalf  of  tlie  sacred  rights"  of  that  state,  and  for  the 
purpose  of  securing  to  her  the  control  and  disposal  of  fifty 
townships  situated  in  the  south-eastern  part  of  Yermont.  In 
defence  of  his  position,  he  asserted  that  Massachusetts  had 
purchased  of  the  Indians  the  territory  in  question,  which  had 
been  afterwards  laid  out  into  townships,  and  had  taken  of  them 
the  necessary  deeds  and  conveyances  signed  and  sealed  by  their 
chiefs  and  sachems ;  that  these  transactions  had  taken  place 

*  1  Kings,  chap.  xxii.  vs.  7-28.     1  Samuel,  chap.  xiv. 

f  Miscellaneous  Papers  in  office  Sec.  State  N.  Y.,  xxxvii.  461 ;  also  Papers 
relating  to  the  Vermont  Controversy,  pp.  4,  5.  Pingry  MSS.  Journal  N.  Y.  Prov. 
Cong.,  i.  1021,  1039,  1059.     Doc.  Hist.  K  Y.,  iv.  948-951. 


1777.]  MEMOKIAL   OF   PHELrS   TO   THE   COUNCIL.  307 

while  Belcher  was  Governor  of  Massachusetts  ;  that  the  neces- 
sary agreements  had  been  entered  into  at  Fort  Dummer  ;  that 
the  papers  drawn  on  the  occasion  had  been  placed  in  the  pro- 
vincial Court-house  at  Boston,  and  had  been  destroyed  when 
that  building  with  its  contents  was  burned  on  the  9th  of 
December,  1Y4Y.  He  denounced  as  unjust  the  conduct  of 
Great  Britain  in  assigning  to  New  York  lands  which  belonged 
to  Massachusetts,  and  did  not  scruple  to  blame  New  York,  the 
state  from  which  he  had  received  so  many  favors,  and  to  which 
he  owed  allegiance,  for  endeavoring  to  retain  possession  of  ter- 
ritory which  had  been  claimed  for  Massachusetts  by  the 
"rightful,  just,  and  most  solemn  resolves"  of  her  General  Court. 
Inasmuch  as  manuscript  testimony  was  out  of  the  question, 
Phelps  proposed  that  Col,  Israel  Williams  of  Hatfield,  the  only 
surviving  witness  to  the  transactions  referred  to,  should  be 
requested  to  make  afiidavit  to  such  facts  as  he  might  remem- 
ber bearing  upon  the  case  under  consideration,  and  that  Mas- 
sachusetts should  purchase  of  John  Moffatt  of  Boston,  the 
journals  and  records  of  that  colony  then  in  his  possession.  In 
answer  to  this  memorial,  the  Council,  on  the  29th  of  October, 
voted  to  take  the  deposition  of  Col.  Williams,  to  be  used  as 
evidence  of  the  treaty  consummated  at  Fort  Dummer  between 
the  years  1725  and  1730,  the  proofs  of  which  had  been  after- 
wards destroyed.  Two  years  later  the  General  Court  declared 
that  the  state  of  Massachusetts  had  a  "  clear  and  indisputable 
right"  to  the  southern  j)art  of  Yermont,  but  when,  in  the  year 
1780,  the  subject  was  brought  before  Congress,  the  General 
Court  decided  that  the  claim  was  an  "  infringement  on  the  rights 
of  Yermont,"  and  refused  to  prosecute  it  further.* 

*  Revolution  Council  Papers,  in  office  Sec  State  Mass.,  1777,  iv.  877. 


CHAPTER  Xn. 

OPPOSITION   TO   THE   GOVERNMENT   OF  VERMONT. 

The  first  General  Assembly  of  Vermont — Meeting  of  the  friends  of  New  York  at 
Brattleborough — Gov.  Clinton's  Proclamation — Its  reception — A  Protest  against 
the  Government  of  Vermont — Circular  Letter  from  the  Protesting  Convention 
at  Brattleborough — First  Meeting  of  the  Legislature  of  Vermont — Col.  Thomas 
Chittenden  elected  Governor — Opposition  of  the  New  York  Adherents  to  the 
Government  of  Vermont — Disturbance  at  Halifax — Robbery  of  Powder  and 
Lead  at  Hinsdale — Simon  Stevens's  friendship  to  Vermont — Letter  from  Micah 
Townsend  and  Israel  Smith  to  Gov.  Clinton — Clinton's  reply — Peletiah  Fitch's 
Letter  to  CUnton — Clinton  to  Fitch — Clinton  to  Gouverneur  Morris — Clinton 
to  Henry  Laurens — "  Yorkers,"  "  Vermonters,"  "  Neutrals" — Officers  chosen 
both  by  Vermont  and  New  York — Union  with  New  Hampshire  dissolved — An 
attempt  to  connect  Vermont  with  New  Hampshire — Arrest  of  Hilkiah  Grout,  a 
New  York  Justice  of  Peace,  by  the  authority  of  Vermont — His  Trials  before 
various  Courts — A  Conviction  for  Defamation. 

When  the  delegates  from  the  different  towns  in  Yermont  who 
had  assembled  at  Windsor  in  convention,  on  the  2d  of  July, 
1777,  separated  on  account  of  tho  evacuatioij  of  Ticonderoga, 
and  the  progress  of  the  enemy  under  Burgoyne,  they  had 
intended  to  publish  without  delay,  the  constitution  they  had 
adopted,  and  thus  enable  the  peoj)le  to  hold,  in  the  month  of 
December  following,  an  election  of  representatives  to  compose 
the  General  Assembly.  Owing  to  the  unsettled  condition  of 
the  times,  the  constitution  was  not  printed  in  season  to  allow 
of  the  accomplishment  of  this  object.  Another  general  con- 
vention was  therefore  called  by  the  council  of  safety.  The 
meeting  was  held  at  Windsor  on  the  24tli  of  December,  the 
constitution  was  revised,  and  effectual  means  were  taken  to  set 
the  machinery  of  government  in  full  oj)eration.  On  the  6th  of 
February,  1778,  the  council  of  safety  distributed  among  the 
inhabitants  of  the  different  towns  in  the  state,  copies  of  the  new 
constitution.  The  election  of  representatives  took  place  on  the 
3d  of  March  following,  and  on  the  12th  of  the  same  month,  the 


1TY8.]  PECULIAR   POSITION   OF   YEEMONT.  309 

I 

first  session  of  the  General  Assembly  of  the  state  of  Yermont 
was  held  at  Windsor.  The  necessary  state  officers  were  soon 
after  elected,  and  Vermont  presented  the  novel  spectacle  of  a 
free  government,  wholly  independent  of  Congress,  and  yet 
engaged  in  the  same  struggle  against  the  power  of  Great 
Britain,  which  interested  the  men,  and  employed  the  money  of 
the  thirteen  United  States.* 

While  the  leaders  of  the  new  state  were  thus  engaged  in 
perfecting  their  plans,  a  number  of  the  inhabitants  of  Cumber- 
land county  who  owed  allegiance  to  New  York,  assembled  at 
Brattleborough  on  the  28th  of  January,  and  prepared  a  petition 
addressed  to  the  Legislature  of  the  latter  state.  In  this  paper 
they  stated  that  they  had  been  informed  on  "  credible  authority," 
that  the  convention  of  the  "  pretended  state  of  Yermont"  had 
prohibited  the  exercise  of  all  authority  derived  from  New  York ; 
had  made  laws  to  bind  the  inhabitants  of  Cumberland  county ; 
and  had  lately  adopted  a  constitution  under  which  state  and 
other  officers  were  soon  to  be  elected.  From  the  evils  which 
threatened  them  in  this  quarter,  they  prayed  to  be  defended. 
More  tully  to  express  their  views,  they  appointed  James  Clay 
their  agent  at  the  New  York  Legislature. 

Li  answer  to  their  petition  and  others  similar,  the  subject  of 
the  controversy  between  New  York  and  Yermont  was  taken 
up  in  the  Senate  and  Assembly  of  the  former  state,  and  resolu- 
tions were  passed,  on  the  21st  of  February,  containing  such 
overtures  to  the  disaffected  inhabitants  of  the  northern  counties, 
as  were  deemed  compatible  with  the  dignity  of  New  York  as  a 
state,  and  with  the  welfare  of  those  with  whom  a  reconciliation 
was  desired.  Tliese  resolutions  were  embodied  in  a  proclama- 
tion, which  was  issued  on  the  23d,  under  the  signature  of  Go- 
vernor Clinton.  Its  closing  paragraph  was  in  these  words. 
"The  several  branches  of  the  Legislature  of  the  state  of  New 
York  will  concur  in  the  necessary  measures  for  protecting  the 
loyal  inhabitants  of  this  state,  residing  in  the  counties  of  Albany, 
Charlotte,  Cumberland,  and  Gloucester,  in  their  persons  and 
estates,  and  for  compelling  all  persons,  residing  within  this 
state,  and  refusing  obedience  to  the  government  and  Legislature 
thereof,  to  yield  that  obedience  and  allegiance,  which,  by  law 
and  of  right,  they  owe  to  this  state."  Prompt  and  energetic 
action,  it  was  supposed,  was  to  follow  a  declaration  like  this, 

*  Slade's  Vt.  State  Papers,  pp.  80,  8L 


310  HISTOKT    OF   EASTERN    VEKMONT.  [1778. 

but  subsequent  events  sliowed  that  tlie  government  of  New- 
York,  although  skilled  in  the  use  of  firm  language,  was  not 
prepared  to  support  its  words  by  its  acts.* 

To  the  JS'ew  York  adherents  resident  in  Yermont,  this  pro- 
clamation was  most  welcome.  On  its  reception  at  Halifax  on 
the  10th  of  March,  forty-six  of  the  principal  inhabitants  of  that 
town  joined  in  an  address  of  thanks  to  Governor  Clinton,  and  to 
the  Senate  and  Assembly,  "  for  the  salutary  measures  taken  for 
settling  the  peace  and  unity"  of  the  northern  counties.  "  Not- 
withstanding the  uneasiness  of  mauy  disaffected  persons,"  said 
they,  "  we  do  freely  comply  with  the  terms  of  said  proclama- 
tion, and  rejoice  to  find  such  pacific  sentiments  therein  con- 
tained ;  not  in  the  least  doubting  but  on  suitable  application,  we 
may  have  redress  of  all  grievances."  In  the  few  towns  in  the 
county  where  the  sympathies  of  the  inhabitants  were  consonant 
with  the  sympathies  of  the  people  of  Halifax,  the  proclamation 
was  regarded  with  similar  feelings.  It  was  for  this  reason  that 
Governor  Clinton  was  informed  that  his  address  had  been 
"  productive  of  some  good,"  in  spite  of  "  the  many  unmanly 
artifices  made  use  of  by  the  New  State's  men  to  prevent  it." 
In  order  to  exert  a  favorable  infiuence  upon  the  gubernatorial 
election  which  was  soon  to  be  held  in  the  state  of  New  York, 
and  also  in  such  towns  upon  the  "  Grants"  in  which  there  was 
a  prospect  of  obtaining  New  York  votes,  care  had  been  taken  to 
distribute  this  proclamation  as  widely  as  possible  before  that 
event.  The  efi'ect  on  the  election  was  far  otherwise  than  had 
been  anticipated.  In  some  towns  a  very  small  vote  was  polled, 
and  in  others  there  was  no  voting.  The  proclamation  was 
generally  regarded  as  an  unfortunate  production,  whose  pro- 
visions would  by  no  means  suit  the  temper  of  the  mass  of  the 
people.     In  some  towns  it  was  publicly  burned.f 

The  dispute  between  New  York  and  Yermont  having  now 
assumed  a  definite  shape,  the  people  of  Brattleborough  at  once 
evinced  a  decided  preference  towards  the  jurisdiction  of  the 
former  state.  At  the  annual  meeting  of  the  town,  held  on  the 
3d  of  March,  they  resolved  unanimously  to  send  a  protest  to 
the  Assembly  of  the  "  pretended  state,"  denouncing  the  con- 
duct of  that  body  in  disavowing  allegiance  to  New  York,  as  an 
act  tending  to  "  disunite  the  friends  of  America  in  the  present 

*  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  K  Y.,  p.  1.  Slade's 
Vt.  State  Papers,  pp.  82-84.     Doc.  Hist.  N.  Y.,  iv.  951-955. 

f  George  Clinton  Papers  in  N.  Y.  State  Lib.,  vol.  iv.  docs.  1161,  1181. 


1778.]  A  PKOTEST.  311 

important  contest  with  Great  Britain."  Desiring  to  add  -weight 
to  this  intended  protest,  they  apj^ointed  Benjamin  Butterfield, 
Samuel  Knight,  Israel  Smith,  James  Blakslee,  and  Micah 
Townsend,  a  committee  to  confer  with  the  different  town  com- 
mittees in  the  county,  and  ascertain  who  among  them  were 
inclined  to  bear  testimony  against  the  "  unjustifiable  proceed- 
ings" of  Vermont.  Letters  were  accordingly  sent  by  the  cen- 
tral committee,  on  the  4th  of  March,  both  to  those  who  were 
known,  and  to  those  who  were  supposed  to  entertain  friendly 
feelings  towards  New  York.  "  We  call  upon  you  in  the  most 
earnest  manner,"  said  the  committee  in  their  circulars,  "  as  you 
value  the  blessings  of  good  order  and  just  government,  to  unite 
with  us  in  concerting  and  executing  such  measures  as  will  be 
most  efficacious  for  procuring  those  blessings,  and  frustrating 
the  designs  of  those  who  are  opposed  to  them."  A  request 
was  at  the  same  time  made,  that  the  towns  would  send  com- 
mittees to  confer  with  the  central  committee,  and  a  meeting,  to 
be  held  on  the  18th,  was  called  at  the  house  of  Capt.  Sergeants 
in  Brattleborough. 

Delegates  from  several  towns  assembled  at  the  appointed 
time,  but  of  their  proceedings  no  record  has  been  preserved. 
It  is  known,  however,  that  the  initiatory  steps  in  the  proposed 
movement  were  then  taken,  and  that  proper  persons  were 
chosen  to  draft  such  papers  as  were  required.  At  an  adjourned 
meeting  held  at  the  same  place,  on  the  15th  of  April,  represent- 
atives from  Guilford,  Brattleborough,  Putney,  JSTewfane,  Hins- 
dale, and  Eockingham,  were  in  attendance.  The  proposed  j^ro- 
test  which  had  been  previously  prepared,  in  accordance  with 
the  sentiments  of  the  committees  of  the  above  towns,  and  of 
Westminster  and  Weathersfield  also,  was  on  this  occasion  pre- 
sented for  adoption.  It  was  in  the  form  of  an  address,  and  was 
directed  "To  the  gentlemen  convened  at  Windsor,  under  the 
style  of  the  General  Assembly  of  the  state  of  Vermont."  In 
it  the  objections  to  the  formation  of  a  new  state  were  strongly 
put,  and  old  arguments  in  a  regenerated  fonn,  and  new  ones 
also,  were  urged  in  opposition  to  the  plans  of  the  patrons  and 
citizens  of  Vermont.  In  view  of  the  principles  adduced,  the 
protesters  announced  their  determination  in  these  words : — 

'•  We  conceive  that  endeavoring  at  present  to  establish  a 
separate  state  here,  is  not  only  a  violation  of  the  Continental 
Union,  but  is  imprudent,  and  to  the  last  degi-ee  impolitic  and 
dangerous,  tending  in  the  present  important  crisis  to  weaken 


312  HISTORY    OF    EASTERN    VERMONT.  [1778. 

the  authority  of  the  Continental  Congress,  disunite  the  friends 
of  America,  and  stimulate  a  spirit  of  separation  and  sedition 
Avhich  may  end  in  the  ruin  of  the  United  States ;  and  we  esteem 
it  not  only  our  duty,  but  the  duty  of  all  who  are  friends  to  the 
liberty  of  America,  to  bear  open  testimony  against  it.  Therefore, 
on  behalf  of  ourselves  and  those  who  delegated  us  for  that  pur- 
pose, we  publicly  declare  that  as  we  have  not  in  any  way  assisted 
in,  or  consented  to,  the  forming  of  a  separate  and  independent 
government,  we  shaU  not  consider  ourselves  bound  by  any  acts 
of  the  Legislature  thereof,  but  shall,  as  in  duty  bound,  continue 
to  yield  our  allegiance  to  the  state  of  New  York,  until  other- 
wise directed  by  the  Honorable  the  Continental  Congress.  And 
we  do  hereby  solemnly  protest  against  the  right  of  any  persons 
to  govern  us  and  the  other  inhabitants  of  the  New  Hampshire 
Grants,  except  that  of  the  Continental  Congress  and  the  Legis- 
lature of  New  York,  and  against  all  measures  which  shall  be 
used  to  enforce  the  pretended  rights  of  any  other  person  or 
body  of  men,  and  against  all  the  bad  consequences  which  may 
arise  from  attempting  at  present  to  establish  an  independent 
government  in  the  '  Grants'  before  mentioned," 

Before  separating,  a  letter  was  prej)ared  and  presented  to  the 
convention,  expressive  cf  the  ideas  of  those  who  had  joined  in 
the  protest.  As  an  epitome  of  their  sentiments,  and  of  the 
course  which  they  wished  to  pursue,  this  document  is  now  of 
especial  value.  At  the  time  it  was  written,  its  composers  were 
careful  to  make  use  of  such  language  as  would  dignify  the 
measures  which  they  wished  to  publish  and  pursue. 

"  As  we  are  warmly  interested  in  favour  of  American  liberty," 
said  they,  in  the  paper  referred  to,  "  we  cannot  view  with  un- 
concern, or  remain  silent  spectators  of,  the  present  disorderly 
attempt  to  separate  the  New  Hampshire  Grants  from  the  thir- 
teen United  States — a  measure  directly  tending,  in  our  opinion, 
to  weaken  the  opposition  made  by  the  continent  to  its  European 
oppressors,  and  introduce  the  utmost  confusion,  at  a  time  when 
good  order  and  unanimity  are  essentially  necessary, 

"The  final  adjudication  of  the  King  of  Great  Britain  in  privy 
Council  (the  only  proper  court  which  could  then  determine 
matters  of  this  nature),  that  this  territory  was  within  the  juris- 
diction of  New  York ;  our  peaceable  acquiescence  in  that 
judgment ;  and  representation  in  Continental  Congress  and  the 
Convention  of  New  York,  both  before  and  since  the  Declaration 
of  Independence,  are  undoubted  proofs  that  our  allegiance  is 


1T7S.]  LETTER   TO   THE   CONVENTION.  313 

justly  due  to  the  state  of  ISTew  York,  until  Congress  shall  other- 
wise determine.  The  resolutions  of  Congress  of  the  30th  June 
last,  and  the  articles  of  confederation,  are  convincing  to  us  that 
that  honourable  body  disapproves  of  a  measure  so  extraordinary. 
The  present  government  of  New  York  engaging  to  remove  such 
grievances  as  we  really  laboured  under,  from  the  iniquity  and 
bad  policy  of  our  former  governors,  we  hope  will  quiet  the 
complaints  arising  from  those  grievances.  The  confusion  that 
erecting  a  new  state,  without  tlie  consent  of  Congress,  has  al- 
ready, and  will  more  abundantly,  introduce ;  the  present  in- 
ability of  the  people  to  support  a  separate  government,  however 
frugally  the  public  moneys  are  managed ;  and  the  great,  very 
great  scarcity  of  men  j)roperly  qualihed  to  make  and  put  in 
execution  a  wise  system  of  laws,  plainly  demonstrate  to  us 
the  wretched  policy  of  so  extraordinary  an  attempt  at  this 
time. 

"  "We  have  therefore  agreed  upon,  and  shall  forward  to  the 
Assembly  of  the  pretended  state  of  Yermont,  a  protest  against 
erecting  the  '  Grrants'  into  an  independent  government  in  the 
]>resent  time,  and  also  one  copy  thereof  to  his  Excellency 
Governor  Clinton,  and  another  to  the  press  for  publication,  that 
the  world  may  know  our  disapprobation  of  the  present  irregu- 
lar proceedings. 

"  We  think  it  the  duty  of  every  friend  to  the  independence 
of  America,  more  especially  in  the  '  Grants,'  to  use  their  most 
strenuous  eiforts  to  suppress  or  check  this  oifspring  of  anar'chy 
in  its  infancy.  And  as  preserving  unanimity  amongst  the 
number  who  choose  not  to  assist  in  dividing  the  continent,  in 
this  momentous  crisis,  may  have  a  tendency  to  answer  that  end, 
and  is  essentially  necessary  as  well  for  the  public  good  as  for 
the  security  of  their  persons  and  property,  we  beg  leave  to  re- 
commend to  you,  to  elect  a  committee,  in  such  time  that  they 
may  meet  at  Capt.  Sergent's  in  Brattleborough,  on  the  30th 
day  of  June  next,  at  eleven  o'clock  in  the  forenoon,  to  exist  for 
six  months  ;  to  authorize  them  to  consent  to  such  measures  as 
they  shall  think  most  likely  to  restore  to  this  divided  county 
internal  tranquillity,  and  submission  to  the  just  and  necessary 
authority  of  those  who,  by  order  of  Congress,  are  regularly  ap- 
pointed to  rule  over  us ;  from  time  to  time  to  transmit  to  the 
government  of  ISTew  York,  accounts  of  all  such  matters  as  may 
be  material  for  them  to  be  acquainted  with ;  and  to  take  such 
steps  as  they  think  best  for  relieving  those  who  may  suffer  in 


314:  HISTORY    OF   EASTERN    VERMONT.  [1778. 

their  persons  or  properties  by  any  authority  pretended  to  be 
derived  from  the  state  of  Yermont."* 

By  a  special  resolution,  copies  of  this  letter  were  signed  by 
Thomas  Cutler,  the  chairman  of  the  convention,  and  were  sent 
to  those  towns  in  the  county  whose  rejoresentatives  had  already 
signed,  or  had  expressed  a  willingness  to  sign,  the  protest  which 
had  that  day  been  adopted.  Copies  were  also  sent  to  those 
tOMais  in  which  there  were  a  respectable  minority  who  were 
opposed  to  the  new  state,  and  all  who  favored  the  protest  were 
invited  to  send  delegates  to  the  convention  to  be  held  on  the 
30th  of  June  following.  Whether  this  convention  ever  met,"  or, 
if  they  did  meet,  whether  their  previous  efforts  resulted  in  such 
an  organization  as  they  desired,  does  not  appear.  Succeeding 
events  show,  however,  that  the  principle  of  opposition  to  the 
new  state  was  of  sufficient  weight  to  carry  out  in  action,  to  a  cer- 
tain extent,  what  had  been  proposed  in  council.  The  adherents 
of  New  York  did  not  fail  to  support  their  views,  even  when  the 
sword  and  the  bayonet  were  employed  to  compel  them  to  yield 
obedience  to  the  laws  which  had-  been  enacted  by  Yermont.f 

The  representatives  who  had  been  elected  by  the  General 
Assembly  of  Yermont  met  at  Windsor  on  the  12th  of  March, 
and  formed  themselves  into  a  House.  Their  names  were  not 
entered  on  the  journals  of  that  session,  but  it  is  certain  that  of 
the  fifty  or  more  who  were  present,  twenty-three  were  represent- 
atives from  nineteen  towns  in  Cumberland  county.  Agreeable 
to*  the  constitution  of  the  state,  a  committee  were  chosen  to 
count  the  votes  of  the  people,  and  as  the  result  Col.  Thomas 
Chittenden  was  declared  Governor.  At  the  same  time  Joseph 
Marsh  was  elected  Deputy  Governor,  and  Col.  L-a  Allen  State 
Treasurer.  Twelve  Councillors  were  also  chosen,  and  were 
formed  into  a  body  known  as  the  Council.     The  relation  which 

*  When,  on  the  2'7th  of  May  following,  a  copy  of  the  protest  was  forwarded  to 
Governor  Clinton  by  Micah  Townsend  and  Israel  Smith,  a  copy  of  this  circular 
letter  was  also  sent,  accompanied  by  the  following  notice :  "  We  also  enclose  a 
copy  of  a  circular  letter  sent  by  the  convention  to  several  towns  in  this  county, 
recommending  the  choice  of  committees  ;  the  principal  design  of  which  we  appre- 
hend is  to  preserve  union  amongst  the  friends  of  New  York  state,  and  enable 
them  to  act  with  unanimity  as  occasions  offer,  for  increasing  the  number  of 
the  friends  of  New  York  government,  and  with  expedition  to  carry  into  execu- 
tion such  directions  as  they  may  receive  from  your  Excellency." — George  Clinton 
Papers,  in  N.  Y.  State  Lib.,  vol.  v.  doc.  1487. 

f  Protest  of  towns  in  Cumberland  county.  MS.  Letter  from  Brattleborough 
convention.  MS.  Letter  from  select  committee.  Pingry  MSS.  George  Clinton 
Papers,  in  N.  Y.  State  Lib.,  vol.  iv.  doc.  1282. 


1778.]  APPOINTMENT   OF   STATE   OFFICERS.  315 

the  Council  bore  to  the  General  Assembly  was  the  same  as  that 
which  the  upper  house  bears  to  the  lower  house  in  deliberative 
bodies  as  they  are  now  constituted  in  the  United  States.  The  less 
important  offices  were  filled  as  the  performance  of  minor  duties 
became  necessary.  During  the  session  many  general  laws  were 
passed  for  the  regulation  of  the  afi'airs  of  the  state.  All  the 
land  lying  between  the  Green  mountains  and  Connecticut  river, 
including  the  whole  of  Cumberland  and  Gloucester  counties, 
was,  on  the  17th  of  March,  erected  into  a  county,  and  was 
called  Unity.  Unity  county  was  divided,  for  the  sake  of  facili- 
tating militia  arrangements,  into  three  regimental  districts,  and, 
for  the  sake  of  facilitating  judicial  and  legal  proceedings,  into 
four  probate  districts.  The  vote  by  which  the  name  Unity  had 
been  given  to  the  consolidated  counties  was  reconsidered  on 
the  21st,  and  the  name  Cumberland  was  substituted.  The 
enlarged  county  of  Cumberland  was,  on  the  24:th,  divided  into 
two  shires,  the  old  division  lines  of  the  former  counties  being 
adopted  as  the  bounds  of  separation.  The  upper  shire  was 
called  Newbury,  and  the  lower  Westminster.  At  the  close  of 
the  session  a  committee  were  chosen  to  transcribe  such  of  the 
proceedings  as  were  deemed  of  interest  to  the  inhabitants,  and 
furnish  each  town  in  the  state  with  a  copy.  In  order  to  increase 
the  revenue  of  the  state,  and  to  punish  those  who  were  opposed 
to  the  new  jurisdiction,  a  court  of  confiscation  was,  on  the  26th, 
established  by  the  Council.  Col.  Joseph  Marsh,  Gen.  Jacob 
Bayley,  Maj.  Thomas  Murdock,  Col.  Peter  Olcott,  Benjamin 
Emmons,  Esq.,  Dr.  Paul  Spooner,  and  Col.  Benjamin  Carpenter, 
were  the  members  of  this  court,  and  to  them  power  was  given 
to  confiscate  and  sell  all  "  lands  and  estates"  within  Cumberland 
county  which,  upon  sufficient  evidence,  should  be  adjudged  for- 
feited. The  Council  during  the  same  session  appointed  John 
Hatch,  Joshua  Bayley,  Ezra  Sargent,  and  Darius  Sessions,  sur- 
veyors, and  John  Benjamin  sheriff  of  the  same  county. 

During  the  spring  troops  were  raised  in  Cumberland  county 
for  the  use  of  the  new  state.  Orders  for  making  levies  were 
issued  by  Governor  Chittenden,  and  were  obeyed  by  the  officers 
acting  in  the  Yermont  service.  But  there  were  many  on  the 
"Grants"  who,  although  friends  to  American  hberty,  were 
unwilling  to  advance  that  liberty  by  fighting  with,  or  giving 
aid  to  the  state  of  Vermont.  The  most  ardent  of  these  were 
enabled  to  act  in  accordance  with  their  principles  by  taking 
commissions  from  New  York,  while  others,  equally  as  patriotic 


316  HISTORY    OF   EASTERN    VERMONT.  [1778. 

but  less  impetuous,  were  content  to  contribute  of  tbeir  substance 
to  the  support  of  the  militia  of  that  state.  It  was  in  this  man- 
ner that  the  enmity  of  the  New  York  adherents  became  systema- 
tized. Their  opposition  was  a  source  of  continual  alarm  to  the 
originators  of  the  new  state.  Ethan  Allen  stigmatized  them  as 
"New  York  malcontents,"  and  when  referring  to  them,  declared 
as  he  would  of  vermin,  that  they  "  infested"  the  country,  and 
made  earnest  inquiry  as  to  the  method  of  treatment  which 
should  be  adopted  towards  them.* 

Nor  did  their  opposition  confine  itself  to  words.  They  not 
only  denied  the  jm-isdiction  of  the  Vermont  courts,  but  resisted 
the  precepts,  and  refused  to  submit  to  the  decisions,  which 
emanated  therefrom.  In  the  town  of  Halifax,  Hubbell  Wells, 
a  justice  of  the  peace  by  commission  from  Yermont,  issued  a 
warrant  directing  Wilham  Hill,  a  constable,  to  arrest  John 
Kirkley  and  his  wife,  Hannah,  charged  with  the  perpetration 
of  an  assault  and  battery  in  the  highway,  on  the  person  of 
David  Williams.  In  obedience  to  this  order  Hill  arrested  the 
accused,  returned  the  warrant,  and,  the  parties  in  the  case 
having  been  summoned,  the  court  was  opened.  Hardly  had  the 
trial  commenced,  when  Thomas  Clark,  Thomas  Baker,  Isaac 
Orr,  Henry  Henderson,  Alexander  Stuart,  Jonathan  Saflbrd, 
Elijah  Edwards,  Pelatiah  Fitch,  and  about  sixteen  others, 
inliabitants  of  Halifax,  and  subjects  of  New  York,  rushed  into 
the  court-room,  armed  with  bludgeons,  and  attempted  to  rescue 
the  prisoners.  Failing  in  this,  they  brandished  their  weapons 
over  the  head  of  the  justice,  called  him  a  scoundrel,  bade 
defiance  to  the  authority  of  Yermont,  and  finally  succeeded  in 
breaking  up  the  court.  Acts  of  resistance  like  this  were  the 
arguments  that  proved  to  the  rulers  of  Yermont  the  necessity 
of  adopting  the  most  strenuous  measures  to  support  the  power 
and  dignity  of  the  state.f 

Notwithstanding  their  enmity  to  the  government  of  the  new 
state,  the  supporters  of  the  jurisdiction  of  New  York  who  re- 
sided in  Cumberland  county,  were  pure-minded,  patriotic  Ame- 
ricans, Their  unwillingness  to  unite  with  the  people  of  Yermont 
against  the  British,  did  not  prevent  them  from  opposing  their 
country's  foes  in  every  practicable  manner.  In  detecting  the 
machinations  of  the  Tories,  none  displayed  greater  activity  than 

*  Slade's  Vt.  State  Papers,  pp.  247,  260,  264,  266,  267.  MS.  Council  Records 
of  Vt.     Various  MSS. 

f  MS.  complaint  of  "William  Hill. 


1778.]  PATKIOTISM    OF   THE   YOKKERS.  317 

they.  The  vigilance  which  they  manifested  in  the  following 
instance,  may  serve  as  a  slight  illustration  of  their  zeal.  "  On 
the  3d  of  May,  the  granary  of  Lieut.  Samuel  Stratton,  of  Hins- 
dale now  Yernon,  was  broken  open  during  the  night,  and  the 
powder  and  lead  belonging  to  the  town,  and  which  had  been 
stored  there,  was  stolen.  This  event  gave  "  great  uneasiness" 
to  the  inhabitants  of  Hinsdale  and  the  neighboring  towns.  Mea- 
sm'es  were  immediately  taken,  by  placing  guards  in  different 
parts  of  the  village,  to  ol)tain  information  concerning  the  theft. 
As  a  scouting  party  were  passing  near  the  granary  on  the  even- 
ing of  the  5th,  they  discovered  a  man  asleep  at  the  foot  of  a 
haystack,  and  secured  him.  On  examination,  he  proved  to  be 
one  Jonathan  Wright,  "  a  person  inimical  to  the  American 
cause."  Elijah  Elmer,  an  accomplice  of  Wright,  was  at  the 
same  time  taken  prisoner,  but  managed  to  escape  from  the 
hands  of  his  captors.  The  fact  of  the  arrest  having  been  made 
known.  Col.  Eleazer  Patterson,  Capt.  Joseph  Stebbins,  Capt. 
Orlando  Bridgeman,  Moses  Howe,  and  Gad  Wait,  from  the 
safety  committee  of  Hinsdale,  and  Capt.  Hezekiah  Stowell,  Jo- 
seph Elliott,  and  Henry  Sherburne,  from  the  safety  committee 
of  Guilford,  all  of  them  supporters  of  the  jm-isdiction  of  New 
York,  assembled  at  Hinsdale  on  the  7th.  Patterson  having  been 
chosen  chairman  and  Sherburne  clerk,  the  associated  commit- 
tees commenced  an  investigation  of  the  circumstances  connected 
with  the  robbery.  On  the  examination  which  followed,  Wright 
refused  to  answer  the  interrogatories  of  the  committee.  Ruth 
Stratton,  at  first,  intimated  her  suspicions  that  the  prisoner  had 
been  lurking  about  her  father's  house  from  the  fact  of  the  disap- 
pearance of  some  articles  of  furniture,  but  filially  declared  that 
he  had  not  been  there  since  the  preceding  winter.  Lieut.  Strat- 
ton, in  whose  charge  the  powder  and  lead  had  been  deposited, 
testified  to  the  fact  of  the  robbery,  but  could  give  no  further 
information.  Several  witnesses  were  then  examined  with  a  view 
to  implicate  the  Lieutenant,  but  nothing  satisfactory  was  elicited. 
When  the  committee  came  together  on  the  morning  of  the 
8th,  Wright  asked  permission  to  give  evidence  in  behalf  of  the 
state.  This  privilege  was  granted  him  on  condition  that  he 
should  prove  in  a  satisfactory  manner  the  statements  he  should 
make.  He  then  informed  the  committee,  that  in  company  with 
Elijah  Elmer,  he  had  broken  open  the  granary,  taken  thence  the 
powder  and  lead,  earned  them  across  Connecticut  river  and 
concealed  them  among  the  bushes.     He  also  informed  the  com- 


318  HISTORY    OF   EASTERN    VERMONT.  [1778. 

mittee  that  John  Stratton,  a  son  of  the  Lientenant,  was  privy  to  the 
robbery,  and  had  deposited  the  powder  and  lead  in  the  granary 
in  such  a  manner  as  to  render  them  easy  of  access  and  removal. 
John  Stratton,  who  had  already  been  before  the  committee,  and 
had  then  denied  all  knowledge  of  the  affair,  being  re-called, 
pleaded  ignorance  as  to  the  natnre  of  an  oath,  acknowledged 
the  truth  of  the  statements  of  Wright,  begged  "  mercy  of  God," 
and  implored  the  forbearance  of  the  committee.  As  Wiight  had 
escaped  the  liability  of  punishment  by  his  confession,  Stratton 
was  alone  obnoxious  to  the  awards  of  justice.  In  view  of  his 
participation  in  the  robbery  as  an  accessory  before  the  fact,  the 
committee  resolved  that  he  should  pay  all  the  charges  which 
had  been  incurred  by  reason  of  the  theft ;  restore  fourfold  to  the 
town  of  Hinsdale ;  pay  a  fine  of  £100  to  the  state  of  New  York ; 
be  disarmed,  and  confined  to  the  limits  of  his  father's  farm  for 
the  space  of  a  year,  provided  his  father  should  give  a  bond  of 
£1000  to  be  forfeited  in  case  he  should  go  beyond  the  prescrib- 
ed bounds.  Permission,  however,  was  granted  him  to  attend 
public  worship  on  Sunday,  to  be  present  at  funerals,  and  to  be 
absent  from  the  farm  whenever,  on  "extraordinary  occasions," 
he  should  procure  a  pass  from  the  committee  of  the  town. 

An  account  of  these  proceedings  was  sent  to  Governor  Clin- 
ton, and  at  the  same  time  inquiries  were  made  as  to  the  maimer 
in  which  similar  offences  should  be  punished  in  future.  One 
paragraph,  however,  in  the  letter  of  the  committee,  showed  that 
their  conduct  had  not  met  with  the  approbation  of  the  whole 
community.  "  As  we  are  under  difficulty  in  these  upper  coun- 
ties," wrote  they,  "concerning  the  jurisdiction  of  govermn en t, 
and  are  under  the  censure  of  a  set  of  factious  and  officious  peo- 
ple, who  are  trying  to  carry  the  committee  to  Albany  to  be 
tried  by  the  Supreme  Court,  and  the  above-mentiond  Stratton 
to  be  tried  by  a  Court  Martial,  which  would  prove  fatal  for  him 
and  very  troublesome  for  the  committee,  if  your  Excellency 
should  think  what  the  committee  has  done  to  be  sufficient,  and 
according  to  true  policy,  then  we  pray  for  your  concurrence." 
Whatever  may  have  been  the  reply  of  Governor  Clinton,  no  one 
can  deny  that  the  course  pursued  by  the  committee,  though  dic- 
tated by  humanity,  was  yet  subservient  to  the  ends  of  justice.* 

While  the  favorers  of  the  jurisdiction  of  New  York,  residing 
in  Cumberland  county,  were  thus  strenuous  in  punishing  the 

*  George  Clinton  Papers,  in  N.  Y.  State  Lib.,  vol.  ii.  docs.  490,  494. 


1778.]  SIMON    STEVENS.  319 

enemies  of  the  United  States,  they  were  no  less  active  in  their 
endeavors  to  resist  every  infringement  of  their  rights,  whether 
attempted  by  open  foes  or  false  friends.  Simon  Stevens  of 
Springfield,  who  had  formerly  held  office  under  New  York,  had 
of  late  been  appointed  a  Lieutenant-Colonel  in  the  Vermont 
militia.  Before  he  received  his  commission,  or  decided  to  ac- 
cept it  when  it  should  come,  he  wrote  letters  to  several  captains 
desiring  them  to  raise  their  quota  of  men  for  the  American  ser- 
vice, and  on  being  questioned  as  to  the  state  from  which  he 
derived  power,  replied  that  he  "  did  not  think  it  best  to  be  too 
critical  in  examining  by  what  authority"  soldiers  were  raised. 
He  also  dechned  signing  the  protest  "  against  the  pretended 
state  of  Vermont,"  which  had  been  adopted  by  the  inhabitants 
of  several  towns,  but-  gave  as  a  reason,  a  promise  he  had  made 
not  to  act  in  favor  of  Kew  York  until  the  return  of  the  agents 
whom  "  the  Council  of  the  new  state  were  about  sending  to 
Congress."  As  to  the  shrievalty  of  Cumberland  county,  an 
office  to  which  the  government  of  New  York  were  inclined  to 
appoint  him,  he  stated  that  he  had  concluded  to  write  to  the 
Assembly  of  that  state,  and  provided  they  would  engage  to  in- 
demnify him  against  any  damage  he  might  sufter,  to  accept  it, 
but  on  no  other  terms.  At  the  request  of  a  number  of  the  in- 
habitants of  Brattleborough,  these  facts,  which  were  known  to 
Micah  Townsend,  of  that  place,  were  certified  by  him  and  sent 
to  Governor  Clinton,  on  the  27th  of  May.  Accompanying  this 
statement  was  another  addressed  to  the  Governor  and  Council 
of  Appointment,  and  signed  in  pursuance  of  a  unanimous  order 
of  the  people  of  Brattleborough  in  town  meeting  assembled,  by 
Samuel  "Warriner,  the  moderator.  In  this  the  declarations  of 
Townsend  were  upheld,  and  the  appointment  of  Stevens  as 
sheriff  was  represented  as  an  act  which,  if  consummated,  would 
deprive  the  people  of  their  privilege  of  electing  representatives 
to  the  Assembly  for  the  ensuing  year.  Major  Hilkiah  Grout 
was  recommended  as  a  proper  person  for  this  office,  and  acqui- 
escence in  the  recommendation  was  expressed  by  the  committee 
of  Hinsdale.* 

*  In  a  letter  written  to  Governor  Clinton  by  Pelatiah  Fitch,  chairman  of  the 
committee  of  Cumberland  county,  dated  July  1st,  1778,  occurs  this  paragraph, 
which  marks  the  sentiments  of  the  Vermont  adherents  towards  Gront,  and  shows 
on  what  ground  his  nomination  was  not  recommended  by  the  committee  of  Cum- 
berland county.  "  The  reason  of  Major  Grout's  not  being  recommended  to  your 
Excellency  for  the  shrievalty  is,  that  as  the  election  was  not  likely  to  be  held  as 
soon  as  was  expected  when  he  was  recommended  by  the  town  of  Brattleborough, 


320  HISTOKT    OF   EASTEKN    VERMONT.  [I'TTS. 

By  a  vote  of  the  convention  of  Committees  which  was  held 
at  Brattleborough  in  the  previous  month,  Micah  Townsend  and 
Israel  Smith  had  been  directed  to  send  one  copy  of  the  protest 
which  was  then  drafted  "  to  the  press  at  Hartford  in  Connecti- 
cut," one  "  to  the  Assembly  of  the  pretended  state  of  Yermont," 
and  another  to  Governor  Clinton.  In  making  the  last  transmis- 
sion on  the  27th  of  May,  they  informed  his  Excellency  that  sub- 
mission to  the  new  state  had  not  been  as  cheerfully  accorded  as 
had  been  desired  by  its  advocates ;  that  in  that  section  of  the 
county  no  soldiers  had  been  enlisted  for  the  completion  of  Col. 
Warner's  regiment,  not  even  in  those  towns  in  which  were  to 
be  found  "  the  warmest  advocates  for  a  new  state  ;"  that  this 
conduct  was  explainable  by  the  fact  that  the  people  did  not 
deem  it  proper  to  obey  their  rulers,  when  obedience  was 
inconvenient ;  that  the  number  of  those  who  had  taken  the 
oath  required  by  the  constitution  of  Yermont  previous  to  voting 
at  election,  was  in  Cumberland  county  small,  and  throughout 
the  "  Grants"  inconsiderable  when  compared  with  the  popula- 
tion. Referring  to  the  opinions  entertained  of  the  continuance 
and  stability  of  Yermont  as  a  separate  and  independent  govern- 
ment, they  remarked :  "  It  is  with  real  concern  we  are  able  to 
acquaint  your  Excellency  that  it  is  too  general  a  topic  of  con- 
versation among  the  enemies  of  New  York  state,  that  they  will 
maintain  their  new  state,  even  if  Congress  should  be  opposed  to 
it,  because  they  had  as  good  a  right  to  declare  themselves  inde- 
pendent of  New  York,  as  the  Congress  had  of  Great  Britain. 
To  what  lengths  this  doctrine  will  lead  them  may  easily  be  seen. 
It  appears  absolutely  necessary  to  the  friends  of  New  York 
state  in  this  part  of  the  country,  that  Congress  should,  in  an 
explicit  manner,  recommend  to  these  people  to  yield  their  alle- 
giance to  the  state  of  New  York,  before  they  have  time  to 
reason  themselves  out  of  their  senses.  K  it  is  not  done  soon,  it 
will  perhaps  be  omitted  till  none  of  them  will  pay  any  regard 
to  the  recommendations  of  Congress.  Besides,  as  we  are  not 
likely  to  be  troubled  this  summer  with  any  considerable  body 
of  British  troops,  it  seems  to  be  the  most  favourable  season  for 
settling  internal  tranquillity,  and  enabling  this  extensive  part 
of  the  country  to  act  in  the  common  cause  with  vigour  and 

and  as  he  by  his  situation  is  much  exposed  to  ill-treatment  from  the  New  State's 
Men,  he  has  chosen  to  decline  serving  in  that  office  at  present,  seeing  it  cannot  be 
of  disservice  to  the  state  of  New  York." — George  Clinton  Papers,  in  N.  Y.  State 
Lib.    vol.  V.  doc.  1555. 


1778.]  LETTER    OF   GOVEKNOR   CLEN'TON.  321 

unanimit}",  when  the  cirenmstances  of  this  continent  may  re- 
quire it."* 

To  the  gentlemen  who  had  addressed  him  this  communica- 
tion, Governor  Clinton  replied  on  the  3d  of  June,  in  a  man- 
ner which  proved  his  hearty  acquiescence  iu  their  determi- 
nation to  uphold  the  authority  of  New  York.  "  It  is  with  plea- 
sure," he  wrote,  "  I  find  that  a  considerable  number  of  the 
inhabitants  on  the  '  Grants'  are  so  attentive  to  the  dictates  of 
reason  and  justice,  and  possessed  of  so  much  spirit  as  publicly 
to  oppose  the  ridiculous  and  destructive  schemes  of  erecting 
those  lands  into  an  independent  state.  I  was  in  hopes  that  in 
consequence  of  the  generous  and  equitable  tenns  held  out  in 
my  late  proclamation,  the  whole  country,  whatever  injuries 
they  might  have  received  from  the  former,  would  be  convinced 
that  the  present  government  was  disposed  to  do  them  ample 
justice,  and  consequently  that  they  would  again  have  acknow- 
ledged its  jurisdiction. 

"  What  will  be  the  event  of  this  affair,  it  will  be  impossil>lc 
for  me  to  presage ;  yet  as  the  Legislature  appear  to  me  equally 
determined  '  to  decide  every  case  respecting  the  controverted 
lands  according  to  justice  and  equity  without  adhering  to  the 
strict  rules  of  law,'  and  to  assert  and  maintain  their  authority 
over  them  at  all  events,  I  may  venture  to  declare,  that  should 
these  imprudent  people  still  persist  in  their  iU-judged  and  un- 
justifiable measures,  that  the  consequences  will  be  serious  and 
melancholy,  and  to  them  particularly  ruinous  and  destnictive." 

To  increase  the  power  of  the  jurisdiction  of  Kew  York,  and 
facilitate  the  administration  of  justice,  he  recommeijded  the 
preparation  of  a  list  of  the  names  of  those  capable  of  filling 
civil  and  military  stations  in  the  comity.  He  urged  them  to 
use  the  "  utmost  candour  and  impartiality"  in  their  selection,  and 
to  propose  no  persons  except  "  in  consequence  of  their  merit  and 
abilities."  Tlie  list  which  they  should  send  he  promised  to  pre- 
sent to  the  Council  of  Appointment  for  their  approval.  While 
he  assured  them  that  he  should  bring  before  the  Legislature  at 
their  next  session,  the  papers  which  he  had  received  relative  to 
the  immediate  results  of  the  controversy,  he  also  informed  them 
that  the  shortness  of  the  session  would  scarcely  allow  the  dis- 
cussion of  that  subject.  When  the  new  Legislature  should 
convene  in  the  fall,  he  expressed  a  hope  that  they  would  be 

*  Geoi^e  Clinton  Papers  in  N.  Y.  State  Lib.,  vol  v.  docs.  1435,  1436,  1487. 

21 


22  HISTORY    OF    EASTEEN    VERMONT.  [1778. 

able  to  attend  to  the  settlement  of  the  affairs  of  tlie  state,  with- 
ont  prejudice  to  the  cause  of  America,  and  adopt  measures 
Avliich  should  compel  obedience  to  the  laws  of  New  York.  "In 
the  mean  time,"  said  he,  "  let  me  recommend  it  to  you,  and 
every  other  person  attached  to  this  state,  to  persist  in  your  op- 
position, and  uj)on  every  occasion  to  bear  your  testimony  against 
those  unwarrantable  proceedings."* 

Copies  of  this  letter  were  forthwith  sent  to  every  town  of 
note  in  Cumberland  county,  and  in  consequence  of  the  recom- 
mendations which  it  contained,  the  committees  of  Brattle- 
borough  and  Guilford  were  authorized  to  prepare  a  list  of 
nominations,  civil  and  military,  for  the  assistance  of  the  Council 
of  Appointment.  In  his  letter  to  Governor  Clinton  enclosing 
the  result  of  their  deliberations,  Pelatiah  Fitch,  the  chairman 
of  the  committees,  remarked  upon  the  difficulties  which  had 
attended  the  selection  of  proper  persons,  owing  not  only  to  the 
existence  of  three  parties  in  the  count}^ — "  Yorkers,"  "  Yer- 
monters,"  and  "  l^eutrals" — but  also  to  the  fact  that  a  number 
of  the  prominent  friends  of  'New  York  had  been  drafted,  by 
Yermont  authority,  to  serve  in  Col.  Warner's  regiment.  He 
also  informed  the  Governor,  that  the  officers  of  Yerniont  were 
then  engaged  in  many  towns  in  settling  the  valuation  of  per- 
sonal estates  for  the  purpose  of  levying  a  tax,  and  that  they 
were  in  general  strenuous  in  maintaining  the  government  of 
Yermont.  He  signified  his  intention  of  obtaining  a  return  of 
the  inhabitants  of  the  towns  represented  by  the  committees  of 
which  he  was  chairman,  together  with  such  information  as  he 
could  gather  touching  their  views  respecting  the  new  state ; 
returned  "  sincere  thanks"  for  the  proclamation  of  February 
23d,  "and  for  the  salutary  measures  taken  for  restoring  j^eace 
and  internal  tranquility ;"  and  expressed  his  fears,  should  an 
attempt  be  made  to  hold  a  court  under  the  authority  of  the 
state  of  New  York  before  an  express  resolution  on  the  subject 
was  obtained  from  Congress,  that  force  would  be  used  to  pre- 
vent the  session.  "  In  this  critical  situation,"  wrote  he,  "  when 
their  persons  and  j^roperties  are  exposed  to  the  lawless  invasion 
of  a  rude  rabble,  or  the  exasperated  leaders  of  an  imperfect, 
unsettled  government,  except  violence  should  be  opposed  to 
violence,  the  friends  of  ISTew  York  state  cannot  but  most  ar- 
denly  wish  that  Congress  would  immediately  interfere  in  the 

*  George  Clinton  Papers,  in  N.  Y.  State  Lib.,  vol.  v.  doc.  1464. 


1T7S.]  cldsTon's  keply  to  pelatiah  fitch.  323 

most  direct  manner  and  settle  this  internal  contest.  The  inte- 
rest of  the  state  of  New  York  also  calls  loudly  for  a  s]3eedj  end's 
being  put  to  the  present  dispute,  as  the  authorities  of  Yermont 
have  very  lately  confiscated  and  sold  several  valuable  estates, 
and  doubtless  will  continue  the  practice  as  long  as  their  neces- 
sities require  it,  and  they  can  find  any,  the  least  pretence  for  so 
doing.  We  therefore  most  earnestly  entreat  your  Excellency 
to  press  Congress  for  a  speedy  determination  of  the  matter,  and 
in  the  mean  time,  to  direct  us  in  what  manner  to  conduct  our- 
selves."* 

In  reply  to  Mr.  Fitch,  Governor  Clinton  informed  him,  on 
the  Yth  of  July,  that  the  list  of  civil  and  military  nominations 
had  arrived  subsequent  to  the  adjournment  of  the  Council  of 
Appointment ;  that  as  the  members  of  that  body  resided  in 
different  j^arts  of  the  state,  he  could  not  immediately  convene 
them ;  that  he  would  do  so,  however,  "  with  all  possible  dis- 
patch," and,  as  soon  as  the  commissions  should  be  issued  (the 
names  in  which,  he  did  not  doubt,  would  accord  with  the  re- 
commendations), would  transmit  them  by  express.  Other  toi:)ics 
to  which  reference  had  been  made  in  Mr.  Fitch's  letter  were 
disposed  of  in  these  words  : 

"We  are  still  waiting  with  anxious  expectation  the  result  of 
our  application  to  Congress  to  interpose  in  this  affair,  and  can 
imj)ute  our  not  receiving  an  answer  only  to  their  being  engaged 
in  those  very  important  matters  which  you  may  easily  suppose 
at  present  to  engross  their  attention.  I  have,  notwithstanding, 
by  a  special  conveyance,  this  day  informed  them  that  drafts 
were  making  under  the  authority  of  the  pretended  state  of 
Yermont  to  complete  Col.  Warner's  regiment ;  that  though  we 
were  willing  that  the  main  business  of  advising  means  for  set- 
tling the  controversy  should  be  deferred  till  the  more  important 
and  urgent  business  of  the  continent  is  so  far  completed  as  to 
admit  of  leisure,  yet  that  for  the  present  we  must  insist  upon  an 
immediate  and  positive  disavowal  of  this  extraordinary  exercise 
of  authority,  and  express  orders  to  Col.  Warner  (their  oflicer) 
not  to  receive  any  of  the  drafts  into  his  regiment,  or  in  any 
wise  countenance  the  measure. 

"  I  would  still,  as  upon  a  former  occasion,  earnestly  recom- 
mend a  firm  and  prudent  resistance  to  the  drafting  of  men, 
raising  taxes,  and  the  exercise  of  every  other  act  of  governmentj 

*  George  Clinton  Papers,  in  N.  Y.  State  Lib.,  vol.  v.  doe.  1555. 


324  HISTOKT   OF   EASTEEN   VERMONT.  [1778. 

under  the  ideal  Yermont  state,  and  in  such  towns  where  our 
friends  are  sufficiently  powerful  for  the  purpose,  I  would  ad- 
vise the  entering  into  associations  for  the  mutual  defence  of 
their  persons  and  property  against  this  usurpation. 

"  You  will  readily  perceive  that  until  we  have  received  the  an- 
swer of  Congress,  and  the  Legislature  have  declared  their  sense, 
it  is  impossible  for  one  to  advise  except  only  in  general  terms. 
Your  own  prudence  and  discretion  must  determine  the  true 
line  of  conduct,  which  I  trust  will  be  consistent  with  the  sacred 
obligations  of  allegiance  and  the  characters  of  men  who  dare 
oppose  lawless  domination  and  power,  whether  attempted  to  be 
exercised  by  a  single  tyrant  or  a  misguided  multitude."* 

On  the  same  day  he  wrote  to  Gouverneur  Morris,  a  member 
of  the  !New  York  delegation  m  Congress,  expressing  his  surprise 
that  so  little  attention  had  been  given  the  Yeniiont  business — 
a  subject  in  which  one  of  the  states  was  "so  deeply  interested, 
and  in  which  the  honor  and  perhaps  the  future  peace  of  the 
whole  were  so  intimately  concerned."  This  letter  was  followed, 
on  the  8th,  by  another  addressed  to  Henry  Laurens,  the  president 
of  Congress,  in  which  Clinton  described,  with  an  earnestness 
which  besjDoke  the  sincerity  of  his  sentiments,  the  peculiarity 
of  the  situation  of  the  "-^ell-affected"  inhabitants  of  Cumber- 
land county,  and  the  persevering  attempts  which  some  of  the 
"  deluded  inhabitants"  were  making  to  effect  a  separation  from 
New  York.  Referring  to  the  draft  of  every  fourth  man  in  the 
state,  which  had  been  ordered  by  the  Yermont  Legislature,  for 
the  purpose  of  comjjleting  Col.  Warner's  regiment,  he  prayed 
for  the  passage  of  a  resolution  in  Congress  which  should  con- 
demn the  measure,  and  restrain  Col.  Warner,  by  "  a  positive 
order,"  from  receiving  any  of  the  men  who  might  be  sent  him. 
"  This,"  said  he,  "  appears  to  be  necessary  to  prevent  the  im- 
mediate shedding  of  blood ;  and  without  it,  I  fear  all  those 
calamities  and  misfortunes  which  are  the  natural  attendants  of 
a  civil  war."  Notwithstanding  this  appeal,  Congress  neglected 
to  comply  with  the  request  of  Governor  Clinton.  Meantime, 
the  adherents  of  Yermont  were  busily  engaged  in  strengthening 
their  government  and  in  increasing  the  number  of  their  sup- 
porters, not  only  in  their  own  state,  but  in  the  other  states  of 
the  Union.f 

*  George  Clinton  Papers,  in  K  Y.  State  Lib.,  vol.  v.  docs.  1567,  1568.  Wil- 
liams's Hist.  Vt.,  1st  ed.  p.  247  :  2d  ed.  ii.  18C. 

f  George  Clinton  Papers,  in  N.  Y.  State  Lib.,  vol.  v.  docs.  1570-1672. 


1778.]  SENTIMENTS    OF   THE   INHABITANTS.  325 

In  compliance  with  the  promise  made  to  Governor  Clinton 
by  Pelatiah  Fitch  as  chairman  of  the  committee,  an  attempt 
was  made  during  the  month  of  August,  to  ascertain  whether 
the  majority  of  the  voters  in  the  southern  part  of  the  county, 
would  support  the  jurisdiction  of  Vermont  or  ITew  York.  From 
some  of  the  towns  interrogated,  no  answer  was  received,  but 
from  the  reports  obtained,  and  from  an  examination  of  other 
sources  of  information,  it  appeared  that  in  the  towns  of  Hins- 
dale, Guilford,  Halifax,  Brattleborough,  Marlborough,  Draper, 
Fulham,  ISTewfane,  Putney,  Westminster,  Springfield,  and 
Weathersfield,  there  were  at  the  time  of  the  enumeration  about 
four  hundred  and  eighty  voters  who  supported  the  jurisdiction 
of  ISTew  York,  three  hundred  and  twenty  who  supported  the 
jurisdiction  of  Vermont,  and  one  hundred  and  eighty-five  who 
were  neutral  in  opinion.  Although  this  statement  was  favora- 
ble to  New  York,  yet  it  must  be  remembered  that  of  those 
who  were  friendly  towards  this  state,  many  were  prepared  to 
declare  their  allegiance  to  Vermont  if  strenuous  measures  were 
not  soon  taken  to  protect  them  in  the  exercise  of  their  rights, 
and  further,  that  of  those  who  were  neutral  in  opinion,  nearly 
all  of  them  might  be  considered  as  the  well-wishers,  if  not  the 
advocates,  of  the  new  state.* 

On  the  12th  of  March,  a  petition  had  been  presented  to  the 
Vermont  Legislature  by  a  number  of  towns  in  New  Hampshire, 
praying  that  they  might  be  allowed  to  become  a  part  of  the 
former  state,  and  subject  to  its  jurisdiction.  The  apj)lication 
having  been  entertained  in  the  Assembly  for  several  days,  was 
finally  submitted  to  the  people.  When  the  discussion  of  the 
subject  was  renewed,  on  the  lltli  of  June,  at  the  summer  session 
of  the  Legislature,  thirty-five  of  the  representatives,  expressing 
the  views  of  the  towns  to  which  they  belonged,  declared  in 
favor  of  the  union,  and  twelve  against  it.  Sixteen  towns  were 
accordingly  added  to  the  territory  of  Vermont.  Tliese  were 
Cornish,  Lebanon  Dresden,f  Lime,:}:  Orford,  Piermont,  Haver- 
hill, Bath,  Lyman,  Apthorp,§  Enfield,  Canaan,  Cardigan,! 
Landaff,  Gunthwaite,^  and  Morristown,**  Although  no  act  was 

*  See  Appendix  J. 

f  A  name  given  to  the  district  belonging  to  Dartmouth  College,  but  used  only 
for  a  short  time, 
ij:  Now  Lyme. 

§  Now  divided  into  the  towns  of  Littleton  and  Dalton 
II  Now  Orange.  ^  Afterwards  New  Concord,  now  Lisbon, 

**  Now  Franconia. 


326  HISTOKT    OF   EASTERN   VEKMONT.  [1778. 

passed  to  that  effect,  they  were  regarded  as  a  portion  of  Cum- 
berland county,  and  were  so  referred  to  whenever  it  became 
necessary  to  legislate  concerning  them.  On  the  17th  of  June, 
judges  were  apj)ointed  for  Westminster  and  ITewbury,  the  two 
shires  of  Cumberland  county,  and  the  jurisdiction  of  the  judges 
was  understood  to  extend  over  that  part  of  New  Hampshire  to 
which  the  revolted  towns  had  until  now  belonged.  At  the 
session  in  October,  more  energetic  measures  were  taken  to 
establish  in  Cumberland  county  the  machinery  of  law,  in  order 
to  enable  the  new  state  to  compel  obedience  to  its  authority. 
Justices  of  the  peace  were  appointed  in  eighteen  towns,  and 
two  of  the  probate  districts  were  supplied  with  judges.  In  the 
shire  of  Cumberland  the  superior  court  was  ordered  to  hold  a 
session  at  Westminster,  on  the  second  Thursday  in  March, 
1779,  and  in  the  shii-e  of  Newbury,  at  the  town  of  Newbury, 
on  the  second  Thursday  of  September,  1779.  The  first  session 
of  the  court,  however,  was  held  at  Bennington  on  the  10th  of 
December,  1778.  On  that  occasion,  persons  who  had  been 
charged  with  committing  crimes  in  Cumberland  county,  were 
conveyed  across  the  mountains  for  trial.  Among  the  complaints 
presented  by  John  Burnum,  Jr.,  the  state's  attorney,  was  one 
against  Titus  Simonds  of  Hertford,  charging  him  with  "  inimi- 
cal conduct"  towards  Vermont,  and  the  United  States,  in  that 
he,  on  the  ith  of  September,  1777,  "  did  go  over  to  the  enemy, 
and  aid,  and  assist  them  against  the  said  states."  The  friends 
of  New  York,  when  they  saw  that  the  laws  of  Vermont  were 
prevailing,  determined  to  assert  whatever  power  they  had,  and 
counteract  the  current  which  was  setting  in  against  them. 
Though  they  could  not  establish  and  maintain  a  superior  court, 
yet  justices  of  the  peace,  and  other  officers  both  civil  and 
military  were  created  in  different  parts  of  the  county,  and 
many  towns  were  thus  provided  with  two  sets  of  officials,  one 
of  New  York,  and  the  other  of  Vermont  appointment,  both 
striving  to  further  the  ends  of  justice,  and  each  endeavoring  to 
frustrate  the  attempts  of  the  other.* 

Ever  since  the  sixteen  New  Hampshire  towns  had  been  ad- 
mitted into  union  with  Vermont,  great  dissatisfaction  had  pre- 
vailed on  both  sides  of  the  Connecticut  among  those  who  were 
opposed  to  this  act.     In  vain  were  all  the  efforts  of  the  Legis- 


*  Slade's  Vt.  State  Papers,  pp.  89,  90,  271,  274,  284.     MS.  CouncU  Records  of 
Vt.    MS.  Complaiut  of  John  Burnum,  Jr. 


1778,  1779.]      ENACTMENT   OF   LAWS    BY   THE   LEGISLATUKE.         327 

lature  of  Yerinoiit  to  restore  peace.  The  experiment  of  auuex- 
atiou,  hazardous  in  the  beginning,  began  now  to  assume  an  as- 
pect threatening  the  very  foundation  of  the  new  state.  In  this 
crisis,  tlie  General  Assembly,  on  the  23d  of  October,  1778,  re- 
solved to  lay  the  subject  before  their  constituents  and  request 
them  to  instruct  their  representatives  how  to  proceed  in  relation 
to  this  unfortunate  connection  at  the  next  session  of  the  Legis- 
lature. The  impolicy,  as  well  as  the  injustice  "  of  aiding  in  the 
dismemberment  of  New  Hampshire,"  was  too  apj)arent  to  the 
friends  and  supporters  of  Yermont,  to  admit  of  a  doubt  of  the 
course  proper  to  be  pursued.  On  the  12tli  of  February,  1779, 
the  instructions  of  the  representatives  on  this  point  were  can- 
vassed, at  the  winter  session  of  the  Legislature,  and  in  confor- 
mity with  these  instructions,  the  union  was  declared  "  totally 
void,  null,  and  extinct."  On  the  17th  of  March,  soon  after  the 
announcement  of  this  result,  a  petition  was  presented  to  the 
Legislature  of  New  Hampshire,  praying  that  the  whole  of  the 
"  Grants"  might  be  "  connected  and  confederated"  with  that 
state.  The  majority  of  the  committee  to  whom  this  petition 
was  referred,  reported  favorably,  but  when  the  question  upon 
the  adoption  of  the  report  was  taken,  on  the  2d  of  April,  the 
fm'ther  consideration  of  the  subject  was  laid  upon  the  table. 
At  the  following  session  the  report  was  taken  from  the  table, 
and  having  been  received  and  accepted  by  the  House  on  the 
21:th  of  June,  was  readily  concurred  in  by  the  Council.  So 
complete  was  the  change,  that  Yermont,  instead  of  occupying 
the  position  of  an  encroaching  state,  found  herself  the  subject 
of  a  demand  which,  should  it  be  successful,  would  put  an  end 
to  her  separate  existence,  unless  Congress  should  interfere,  and 
agree  to  receive  her  as  the  fourteenth  state  in  the  confederacy.* 
The  February  session  of  the  Yermont  Legislature  continued 
sixteen  days,  during  which  time  nearly  one  hundred  acts  were 
passed  for  regulating  such  matters  as  required  immediate  at- 
tention. Yarious  laws  ostensibly  introduced  for  the  benefit  of 
the  whole  state,  but  more  particularly  intended  to  affect  the 
county  of  Cumberland,  were  enacted,  while  others  were  passed 
with  a  direct  reference  to  the  affairs  of  this  county.  Li  order 
to  increase  the  revenue  of  the  state,  the  estates  of  those  inhabit- 
ants of  Cumberland  county  who  had  joined  the  enemies  of  Yer- 
mont and  of  the  United  States  were,  on  the  16th  of  February, 

*  Blade's  Yt.  State  Papers,  pp.  101-105. 


328  HISTOKY    OF   EASTERN   VEKMONT.  [17Y9. 

declared  confiscated  and  subject  to  be  employed  for  sucb  pur- 
poses as  might  be  prescribed.  Major  Thomas  Chandler  was,  on 
the  30th  of  April,  appointed  commissioner  for  the  sale  of  con- 
tiscated  estates  in  Ilockingham,  Chester,  and  Westminster. 
Capt.  Ebenezer  Curtis  was  chosen  to  the  same  office  on  the  16th 
of  July,  with  jurisdiction  in  the  towns  of  Windsor,  Hertford, 
AVoodstock,  and  Reading.  On  the  10th  of  June,  1780,  Timothy 
Bartholomew  was  vested  with  similar  powers  in  the  towns  of 
Norwich,  Sharon,  Thetford,  Stratford,  Fairlee,  and  Mooretown. 
Meantime  the  court  of  confiscation  was  established  on  a  differ- 
ent basis,  and  the  powers  which  had  formerly  belonged  to  it 
were,  on  the  2d  of  June,  1779,  vested  in  the  Governor  and  any 
four  of  his  Council.  Satisfactory  evidence  having  been  produced 
against  a  number  of  persons  who  had  joined  the  enemy,  several 
valuable  estates  in  Cumberland  county  became,  in  consequence, 
the  property  of  Yermont.  These  estates  had  previously  been 
owned  by  Capt.  Timothy  Lovell  of  Eockingham,  Andrew  Nor- 
ton of  Windsor,  William  Paterson  and  Crean  Brush  of  West- 
minster, Samuel  Gale  of  Brattleborough,  Zadock  Wright  of  Hert- 
ford, Titus  Simonds  and  Charles  Ward  Apthorj)^  In  accord- 
ance with  the  instructions  under  which  the  commissioners  acted, 
deeds  of  the  property  sold  were  given  "  in  the  name  and  behalf 
of  the  representatives  of  the  freemen"  of  Vermont,  and  great 
care  was  taken  that  those  who  purchased  should  be  firmly 
secured  in  their  possession.* 

For  several  months  no  open  disturbances  between  the  partisans 
of  Yermont  and  New  York  had  occurred,  and  so  little  had  the 
opposing  parties  interfered  in  the  affairs  of  one  another,  that 
hopes  were  entertained  that  it  would  be  possible,  without 
hindrance,  to  hold  an  election  for  tlie  purpose  of  choosing  a 
representative  to  sit  in  the  Legislature  of  New  York.  But  this 
temporary  calm  was  not  the  prelude  of  settled  weather.  No 
sooner  were  com-fs  of  justice  established  in  Yermont,  than  pro- 
secutions were  commenced  against  the  subjects  of  New  York, 
whenever  an  occasion  was  presented,  and  what  had  been  before 
dislike  and  opposition  became  now  animosity  and  hatred.  By 
the  fuurtli  article  of  the  Declaration  of  Hights  of  Yermont, 
"  the  sole,  exclusive,  and  inherent  right  of  governing  and  regulat- 
ing the  internal  police"  of  the  state  was  vested  in  those  of  the 


*  Slade's  Vt.  State  Papers,  pp.  287-888.     MS.  Records  Gen.  Ass.  Vt,  1119.     In- 
structions to  Commissioners  of  Confiscation. 


1770.]  CO^-DUCT   OF   VERMONT   OFFICEES.  329 

iiiliabi'ants  who  acknowledged  its  jurisdiction.  By  the  nine- 
teentli  section  of  the  Constitution,  it  was  necessary  tliat  all  com- 
missions should  be  in  the  name  of  the  freemen  of  the  state, 
sealed  with  the  state  seal,  signed  by  the  governor,  and  attested 
by  the  secretary.  Owing  to  a  failure  on  the  part  of  those  who 
acknowledged  the  jurisdiction  of  INew  York  to  recognise  these 
facts,  trouble  not  imfrequently  arose.  The  course  pursued  by 
the  officers  of  Yermont  in  enforcing  their  laws,  is  shown  in  the 
following  incident. 

Hilkiah  Grout,  a  citizen  of  "Weathersfield,  not  only  acknow- 
ledged the  jurisdiction  of  New  York,  but  had  received  the 
commission  of  a  justice  of  the  peace  from  that  state.  Being 
requested  as  an  officer  of  New  York,  by  William  Oliver,  a 
gentleman  from  New  Ilamphire,  to  take  the  depositions  of  a 
number  of  persons  who  resided  on  the  banks  of  Otter  creek, 
u'hose  testimony  was  to  be  used  in  the  superior  court  at 
Exeter,  before  which  court  affidavits  witnessed  by  Yermont 
officers  were  not  deemed  valid,  he  set  out  from  home  with 
Oliver  on  the  16th  of  February,  and  on  reaching  the  town  of 
Shrewsbury  prepared  to  remain  there  mitil  Oliver  should  find 
the  persons  whose  evidence  was  desired.  On  the  17th,  towards 
evening,  Oliver  returned  with  the  witnesses,  and  their  state- 
ments were  sworn  to  and  subscribed  in  due  form.  About  two 
o'clock  on  the  morning  of  the  18th,  the  house  in  which  Grout 
lodged  was  surrounded  by  seven  men,  "  armed  with  guns, 
swords,  bayonets,"  and  other  weapons.  Having  obtained  ad- 
mission to  the  building,  they  seized  the  justice  and  conveyed 
him  to  Rutland,  showing  him  no  abuse  except  by  their  "  surly 
look."  A  court  of  inquiry,  composed  of  a  number  of  the  officers 
in  Col.  Setli  Warner's  regiment,  was  soon  after  organized  at  Fort 
Hanger,  "  to  examine  and  hear  the  evidence  for  and  against 
such  prisoners"  as  should  be  brought  before  them.  By  order 
of  Capt.  Gideon  Brownson,  commissioner,  the  court  proceeded 
to  try  Hilkiah  Grout,  charged  by  two  of  the  citizens  with  being 
engaged  with  certain  others  his  associates,  in  "  planning  some- 
thing very  enemical  to  the  United  States  of  America."  The 
prisoner  pleaded  not  guilty,  and  the  court,  after  hearing  the 
evidence,  decided  that  the  charge  was  not  supported.  This 
judgment  was  approved  of  by  Capt.  Thomas  Lee,  the  presiding 
officer,  and  Grout  was  set  at  liberty. 

No  sooner  had  he  obtained  his  dismissal,  than  he  was  again 
arrested  on  a  warrant  from  Benjamin  Whipple,  a  justice  by 


330  IIISTOKY    OF    EASTEKX    VERMONT.  [1779. 

appointment  from  Yermout,  in.  whicli  lie  was  described  as  "  a 
transient  person,  who  pretends  to  officiate  in  this  state  in  the 
character  of  a  justice  of  the  peace,  not  having  authority  derived 
from  the  freemen  of  this  state  as  stipulated  by  the  constitution." 
Tlie  writ  was  made  returnable  "  as  soon  as  conveniently  may  be, 
before  the  subscriber"  at  the  house  of  WiUiam  Koberts.  On  the 
examination  held  on  the  19th,  Eeuben  Squire  testified  that  Oliver 
had  introduced  Grout  to  him  as  a  justice  of  the  peace,  and  had 
desired  him,  his  wife,  and  his  daughter,  to  testify  before  Grout 
"  concerning  a  piece  of  Holland  cloth."  Charles  Button  also 
made  affidavit,  that  he,  at  the  request  of  Oliver,  had  been  at  the 
house  of  Lemuel  White,  in  Shrewsbury,  and  had  there  taken 
an  oath,  and  borne  witness  before  Grout  as  a  justice,  in  a  case 
tlien  pending  between  Oliver  and  one  West.  Abel  Spencer  and 
Lemuel  White  testified  to  the  same  effect.  The  charge  in  the 
warrant  being  supported.  Grout  was  ordered  to  procure  bonds 
in  the  sum  of  £1,000  lawful  money  for  his  appearance  before  the 
superior  court  at  their  session  in  June,  or  in  default  to  be  com- 
mitted "  to  close  gaol."  Bonds  having  been  given,  the  prisoner 
was  released.  On  his  return  home  he  wrote  to  Micah  Townsend, 
of  Brattleborough,  and,  in  the  account  which  he  gave  of  the 
aflair,  referred  to  the  forbearance  of  the  Yermonters,  by  declaring 
that  he  had  "  neither  been  whipped  nor  insulted."  Oliver,  at 
whose  suggestion  he  had  undertaken  his  official  journey,  was 
brought  before  the  same  tribunal  by  which  Grout  had  been 
adjudged  guilty,  and  was  mulcted  in  a  fine  of  £5,  and  in  costs 
£3,  "  for  introducing  an  unconstitutional  justice  into  the  state 
of  Yermont." 

When  the  superior  court  assembled  at  Eutland,  on  the  10th 
of  June,  Grout  was  tried  on  the  charges  which  had  been  sub- 
stantiated at  the  examination.  His  only  defence  was  a  denial 
of  the  jurisdiction  of  Yermont.  The  court,  however,  refused  to 
liear  the  reasons  which  he  wished  to  present  in  support  of  this 
denial,  and  adjudged  him  guilty  of  "  treasonable  practices" 
against  the  state.  He  was  ordered  to  pay  a  fine  of  £120  law- 
ful money,  to  which  were  added  the  costs  of  the  suit,  making 
the  whole  sum  more  than  £180.  Not  considering  it  advisable 
to  submit  to  this  exaction,  as  he  deemed  it,  he  notified  a  deter- 
mination to  that  efiect  to  the  clerk  of  the  court,  and  was  informed, 
that  in  case  the  money  was  not  paid,  execution  would  immediately 
issue,  unless  he  should  ask  it  as  a  favor  of  the  court  to  stay  pro- 
ceedings for  a  few  months.     "I   was  not,"   wrote  Grout  to 


17Y9.]  SEVfIKE    SENTENCE    FOK    DEF^\3IATI0N.  331 

Governor  Clintou,  "  in  a  temper  of  mind  to  ask  any  favours  of 
tliem,  and  so  returned  home."  The  sheriff  of  Cumberland 
county  was  thereupon  commanded  to  levy  upon  his  goods  and 
chattels,  and  after  disposing  of  them  in  accordance  with  the 
laws  of  the  state,  to  place  a  portion  of  the  proceeds  equal  to 
the  amount  of  the  mulct  in  the  hands  of  the  state  treasurer." 

At  the  February  session,  an  act  had  been  passed  for  the  punish- 
ment of  defamation.  By  one  of  its  provisions  whoever  should 
vilify  any  court  of  justice,  or  its  sentence  or  proceedings,  or 
traduce  any  of  its  magistrates,  judges,  or  justices,  on  account  of 
any  act  or  sentence  therein  promulgated,  was,  on  the  con\-iction 
of  the  offence,  made  liable  to  punishment  by  fine,  imprison- 
ment, disfranchisement,  or  banishment.  On  account  of  the 
license  in  language  which  then  as  now  prevailed,  an  opportu- 
nity was  soon  presented  for  trying  the  efficacy  of  this  act. 
Katlian  Stone,  a  citizen  of  Windsor,  but  a  Yorker  in  prin- 
ciple, having  been  charged  with  using  "  reproachful  and 
scandalous"  words  on  the  15th  of  March  concerning  the  "  au- 
tliority"  of  the  state,  was  arraigned  before  the  superior  court 
at  Westminster.  On  examination,  it  was  proved  that  in  the 
presence  of  "many  good  and  faithful  subjects"  of  the  state,  he 
liad  said  to  the  sheriff,  John  Benjamin,  "God  damn  you  and 
your  governor,  and  council."  .  He  pleaded  guilty  to  the  charge, 
and  judgment  having  been  rendered  against  him  on  the  26th  of 
May,  he  was  fined  £20  lawful  money  and  costs,  and  was 
obliged  to  give  bonds  in  the  sum  of  £1,000,  as  a  guaranty  for 
his  future  conduct.f 

*  Slade's  Vt.  State  Papers,  pp.  244-251.  MS.  records  of  Vt.  courts.  George 
Clinton  Papers  in  j^.  Y.  State  Lib.,  vol.  vii.  docs.  2095,  2198;  vol.  viii.  doc.  2464. 

f  MS.  Court  records.  Slade's  Vt.  State  Papers,  p.  382.  The  session  of  the  court 
at  which  Stone  was  indicted  was  the  first  ever  held  in  Cumberland  county.  The 
first  cause  tried  in  the  session  was  that  of  Pompey  Brakkee  of  Chester,  a  negro, 
plaintiflF,  against  Elijah  Lovell  of  Rockingham,  defendant.  The  exact  nature  of 
the  complaint  does  not  appear,  but  the  court  awarded  to  Brakkee,  damages  in 
the  sum  of  £400  lawful  money  to  be  recovered  of  the  defendant  with  costs. 


CHAPTER  Xni. 

CONFLICT   OF   JUKISDICTIONS. 

Vermont  Militia  Lav — Obedience  to  it  refused  in  Putney — Sergeant  McWain 
endeavors  to  enforce  it — Resistance  is  offered — Friends  of  New  York  convene  at 
Brattleborougli — Letter  from  Col.  Patterson  to  Gov.  Clinton — Clinton  to  Samuel 
Minott — Clinton  to  John  Jay — ^Thirty-six  Yorkers  arrested  and  lodged  in  the 
Jail  at  "Westminster — Ethan  Allen — His  tyrannical  character — Trial  of  the 
Yorkers — Allen  incensed  at  the  Proceedings  of  the  Court — His  Indignant  Speech 
— The  Plea  of  the  Yorkers — They  are  declared  GuUty  and  Fined — Letter  from 
Ira  Allen  to  Benjamin  Bellows — Act  to  prevent  the  Exercise  of  Authority  not 
derived  from  Vermont — Proclamation  of  Gov.  Chittenden — Information  of  the 
Treatment  of  the  Yorkers  communicated  to  Gov  Clinton  and  to  Congress — 
Course  of  Congress — Letter  from  Gov.  Clinton  to  Samuel  Minott — Clinton  to 
Washington — Clinton  to  Jay — The  Committees  of  Six  Towns  in  Cumberland 
County  to  Clinton — Micah  ToAvnsend  to  Clinton — Resolves  of  Congress — Further 
Attempts  of  Vermont  Officers  to  enforce  Obedience  to  the  Laws  of  the  State — 
Letter  from  the  Committee  of  Congress  to  Samuel  Minott — Gov.  Chittenden  to 
a  Friend — Doings  of  the  Committee — Convention  of  the  Yorkers — Their 
Petition  to  Congress — Their  Letter  to  Gov.  Clinton — Action  of  the  New  York 
Legislature — Letter  from  Gov.  Chittenden  to  President  Jay — Proceedings  in 
Congress  relative  to  Vermont. 

Meantime  events  which  marked  with  greater  clearness  the  differ- 
ences between  the  contending  parties  residing  in  Yermont  were 
attracting  general  attention.  In  the  act  passed  at  the  February 
session  of  the  Legislature  of  that  state,  for  forming  and  regulat- 
ing the  militia,  and  for  encouraging  "  military  skill,"  power 
was  given  to  each  captain  or  commanding  officer  of  a  militia 
company,  in  obedience  to  an  order  to  that  effect  from  the 
governor,  to  draft  men  within  the  district  over  which  his  com- 
mand extended.  Any  soldier  who  should  refuse  to  serve,  was 
obliged  to  forfeit  and  pay  the  sum  of  £18,  to  be  recovered  "by 
bill,  plaint,  or  information."  In  default  of  goods  or  estate,  he 
was  to  be  "  disposed  of  in  service^^  to  some  citizen  of  Vermont 
or  of  the  United  States,  so  to  remain  until  the  Hability  was  dis- 


17Y9.]  TIIK    VKinioNT    MILiri.V    LAW.  333 

cliarged,  "  any  law,  usage,  or  custom — to  the  contrary  not- 
withstanding." Provision  was  also  made  for  raising  men  by 
the  following  method.  The  captain  or  commanding  officer 
having  first  taken  the  advice  of  his  under  ofiicers,  was  author- 
ized to  make  a  roll  of  those  whose  services  he  had  a  right  to 
demand,  and  divide  them  into  classes  equal  in  number  to  the 
number  of  men  required.  Each  class  was  ordered  to  furnish  a 
man,  and  in  case  of  refusal  to  comply  with  this  regulation,  the 
commanding  oflicer  was  directed  to  hire  one  man  for  every 
class  neglecting  or  refusing,  and  pledge  the  faith  of  the  state 
for  the  payment  of  his  wages.  To  defray  the  charge,  the  com- 
manding officer  was  further  directed,  after  taking  counsel  with 
his  subordinates,  to  collect  the  amount  of  the  sum  expended, 
from  the  members  of  each  class  for  which  a  man  had  been 
hired,  particular  reference  being  had  in  equalizing  the  assess- 
ment to  modifying  circumstances,  such  as  past  services  and  the 
estates  of  persons.  Any  goods  or  chattels  seized  in  order  to 
satisfy  the  assessment  were  to  be  sold  by  public  vendue,  and 
any  overplus,  after  discharging  the  liability,  was  to  be  returned 
to  the  owner  or  owners  of  the  property  sold.  Such  were  the 
regulations  under  which  the  mihtia  establishment  of  Vermont 
was  to  be  maintained. 

In  conformity,  as  was  reported,  with  advice  received  early  in 
the  spring  from  Brigadier-General  James  Clinton,  the  com- 
mander-in-chief of  the  northern  department,  orders  were  issued 
by  the  Vermont  Board  of  War,  during  the  month  of  April, 
directing  a  levy  of  men  for  the  service,  not  only  of  the  state 
but  of  the  United  States,  in  guarding  the  frontier  settlements. 
As  Governor  Clinton  was  informed  that  a  draft  had  been  made 
by  the  authority  of  the  "  pretended  state  of  Vermont,"  predi- 
cated on  advice  from  a  high  quarter,  he  corammiicated  the 
intelligence  to  his  brother  James  on  the  21st  of  April,  and  took 
occasion  at  the  same  time  to  remind  him  of  the  necessity  of 
continuing  to  act  with  the  utmost  caution  towards  "  those 
designing  and  turbulent  people,"  the  Vermonters,  and  "  to  avoid 
giving  them  even  the  least  shadow  of  encouragement  in  the 
exercise  of  their  undue  authority."  In  his  reply  of  the  28th, 
General  Clinton  remarked,  that  he  had  always  been  very  care- 
ful in  his  conduct  towards  the  supporters  of  the  usurped 
authority,  and  suggested  that  the  assertion  made  by  them  con- 
cerning himself,  must  have  been  founded  on  the  advice  he  had 
given  them  on  their  frequent  application  for  troops,  the  effect 


334  HISTORY    OF   EASTERN   VERMONT.  [1779. 

of  "vrhich  was  "  that  they  should  have  a  number  of  their  militia 
ready  to  turn  out  on  the  shortest  notice." 

Among  those  engaged  in  drafting  men  under  the  militia  law 
above  referred  to,  was  one  AVilliam  McWain,  a  sergeant  in 
Capt.  Daniel  Jewet's  company,  which  company  formed  a  part 
of  the  first  regiment  of  the  state  militia,  commanded  by  Samuel 
Fletcher.  The  Yermonters  readily  consented  to  enlist  or  pay 
their  proportion  as  directed  by  the  state.  Not  so  the  Yorkers. 
To  them  obedience  in  military  afi:airs  to  a  state  whose  jurisdic- 
tion they  did  not  acknowledge,  was  flagrant  abandonment  of 
principles.  Many  of  them  on  this  account  refused  to  serve,  or 
pay  their  proportion  towards  hiring  men  to  go  in  their  stead. 
Prominent  in  their  opposition  to  these  regulations  were  Capt. 
James  Clay,  Lieut.  Benjamin  Willson,  and  a  certain  Mr.  Cum- 
mings,  all  of  Putney.  To  no  purpose  did  McWain  represent  to 
tliem  the  dangers  they  were  incurring,  by  refusing  to  comply 
with  the  requisitions  of  the  state.  Their  course  they  had 
already  decided  upon,  and  from  it  they  were  not  to  be  turned. 
Prompt  in  the  performance  of  his  duty,  McWain  informed  them 
of  the  amount  of  the  fine  to  which  they  had  subjected  them- 
selves and  demanded  payment.  Payment  was  refused.  The 
sergeant  then  ]3roceeded  to  levy  upon  their  estates  to  satisfy 
the  claim,  and  on  the  21st  of  April,  took  into  his  possession  two 
cows,  one  belonging  to  Clay  and  the  other  to  Willson,  and 
gave  notice  that  a  week  hence  they  would  be  disposed  of  in 
Putney  at  public  outcry.  An  opportunity  was  now  offered  to 
the  Yorkers  to  resist.  This  they  determined  to  do.  Informa- 
tion of  the  time  and  place  of  the  sale  was  accordingly  conveyed 
to  a  few  of  the  residents  in  the  neighboring  towns  who  were 
friendly  to  New  York,  and,  on  the  morning  of  the  28th,  near 
one  hundred  of  those  who  had  received  notice  assembled,  un- 
armed, in  Putney.  They  were  principally  members  of  Col. 
Eleazer  Patterson's  regiment,  and  were  under  his  charge  and 
that  of  his  field  officers.  To  oppose  a  force  like  this,  the  Yer- 
mont  sergeant  was  not  prej^ared.  Still  he  was  unwilling  to 
stop  or  postpone  the  sale.  Yainly  did  the  Yorkers  endeavor 
by  calm  argument  to  convince  him  of  the  imjiropriety  of  his 
conduct,  and  persuade  him  to  give  up  the  cows.  Satisfied  that 
force  alone  could  avail,  they  took  possession  of  the  cattle  with 
but  little  difficulty,  restored  them  to  the  owners,  and  returned 
without  further  disturbance,  to  their  homes. 

On  the  4tli  of  May  following,  the  committees  of  Hinsdale, 


1779.]  PETITION   TO    GOVERNOR   CLINTON.  335 

Guilford,  Brattleboroiigh,  Fnlham,  Putney,  "Westminster,  Rock- 
ingham, Springfield,  and  "Weathersfield,  "chosen  for  the  pur- 
pose of  opposing  the  pretended  state  of  Vermont,"  convened 
at  Brattleborough,  and  prepared  a  petition,  addressed  to  Go- 
vernor Clinton,  and  signed  by  Samuel  Miuott,  chairman,  in 
their  behalf.  In  this  paper,  they  set  forth  the  disadvantages 
under  which  they  had  labored  from  being  compelled  to  live 
without  the  benefits  arising  from  a  well  regulated  government, 
and  described,  in  language  indignant  yet  respectful,  the  annoy- 
ances to  which  the  temporizing  measures  of  Congress  had  sub- 
jected them.  They  referred  to  the  hope  they  had  entertained, 
that  Congress  would  use  "  the  first  moment  they  could  spare  from 
more  important  concerns,  to  recommend  to  the  revolted  subjects 
of  the  state  a  return  to  their  allegiance,"  and  stated  the  reasoifs 
which  had  led  them  to  indulge  this  hope.  "  We  were  encou- 
raged to  expect  it,"  said  they,  "  not  only  as  the  revolt  establish- 
ed a  precedent  which  might  be  dangerous  in  other  states,  and 
as  the  continent  could  derive  no  assistance  of  consequence  from 
the  '  Grants,'  either  in  men  or  money,  Avhile  they  remain  under 
a  disputed  government,  but  because  the  states  had  confederated 
for  their  mutual  and  general  welfare,  and  bound  themselves  to 
assist  each  other  against  all  force  offered  to,  or  attacks  made 
upon,  any  of  them,  on  account  of  sovereignty  or  on  any  other 
pretence  whatsoever." 

As  the  result  of  this  apathy  on  the  part  of  Congress,  they 
made  mention  of  the  losses  which  the  United  States  had  suffer- 
ed in  the  confiscation  of  the  estates  of  Tories  by  the  new  state, 
the  proceeds  from  which  would,  under  a  different  management, 
have  gone  to  supply  the  national  treasury.  They  also  enume- 
rated the  indignities  to  which  they  had  been  forced  to  submit, 
and  the  measures  which  they  had  been  obliged  to  adopt  to 
suppress  the  machinations  of  their  foes.  Assuming,  then,  a 
right  to  protection  from  the  government  whose  jurisdiction  they 
acknowledged,  which  right,  if  it  needed  confirmation,  had  been 
confirmed  by  the  solemn  engagement  of  the  Legislature  of 
Xew  York,  to  concur  in  such  measures  as  might  be  necessary 
to  protect  their  constituents — assuming  this  right,  they  de- 
manded a  "speedy  and  effectual  execution"  of  the  promise 
which  had  been  made  them,  and  prayed  for  the  adoption  of 
measures  which  would  convince  Congress  of  the  impropriety 
of  further  delay.  "We  shall  otherwise,"  said  they,  "be  com- 
pelled to  obey  a  government  which  we  view  as  a  usurpation, 


836  HISTORY   OF   EASTERN   VERMONT.  [1779. 

and  add  our  strength  to  oppose  one  which  we  conceive  entitled 
to  our  dutiful  obedience  and  support."* 

On  the  5th  of  May,  Col.  Patterson  wrote  to  Gov.  Clinton  an 
account  of  the  disturbances  which  had  occurred  in  Putney. 
He  also  stated  that  in  Fulham  some  of  the  subjects  of  Kew 
York,  choosing  rather  to  submit  than  to  contend,  had  lately 
been  deprived  of  their  property  by  the  direction  of  Vermont 
officials,  and  that  in  Guilford  a  tax  had  been  levied  upon  those 
who  it  was  supposed  had  done  least  in  support  of  the  war,  which 
tax  the  collectors  had  not  as  yet  been  able  to  realize,  on  ac- 
count of  the  strength  of  the  opposition.  He  further  expressed 
his  fears  lest  the  attempts  Avhich  liad  been  made  in  Westmin- 
ster and  Rockingham  by  the  Yennonters  to  draft  Yorkers, 
^ould  end  in  broils,  as  the  parties  in  those  towns  were  nearly 
equal.f  In  anticipation  of  combined  and  strenuous  efforts,  on 
the  part  of  the  Yermonters,  to  seize  the  property  and  persons  of 
such  as  refused  to  acknowledge  their  authority,  he  asked  for 
advice,  and  suggested  the  necessity  of  issuing  orders  to  the 
militia  of  Albany  county  to  hold  themselves  in  readiness  to 
afford  him  assistance.  Although  unable  to  present  an  exact 
return  of  his  command,  he  estimated  it  at  five  hundre-d,  officers 
and  men  included,  who  were  "  but  poorly  armed,"  and  almost 
destitute  of  ammunition.  Unless  the  Legislature  of  ISTew  York 
should  give  the  desired  aid,  he  aimounced  his  determmation 
to  resign  his  commission  and  retire  from  the  public  service. 
Tliis  letter  and  the  petition,  were  entrusted  to  Micah  Tpwnsend, 
who  delivered  them  to  Governor  Clinton  at  Kingston.:}: 

On  the  l-ith  of  May,  Clinton  wrote,  in  reply,  to  Samuel 
Minott  of  Brattleborough,  expressing  his  belief  that  the  decision 
of  Congress  would  be  favorable  to  New  York,  and  that  the  de- 

*  Papers  relating  to  Vt.  Controversy,  in  office  See.  State  N.  Y.,  p.  9. 

f  On  the  same  day  in  which  the  letter  epitomized  in  the  text  was  written, 
Capt.  Lemuel  Sargents  of  Rockingham,  while  engaged  in  enforcing  one  of  the 
laws  of  Vermont,  was  threatened  and  insulted  by  Isaac  Reed,  Enos  Lovell,  Ashur 
Evans,  and  other  inhabitants  of  that  town.  Being  arraigned  at  Westminster,  on 
the  26th  of  May,  they  wei'e  charged  in  the  information  of  the  state's  attorney, 
with  a  "  flagrant  violation"  of  the  rules  of  society,  of  the  laws  of  the  land,  and  of 
an  act  of  the  state  passed  in  the  month  of  February  preceding,  entitled,  "An  act 
for  preventing  and  punishing  riots  and  rioters."  Having  been  adjudged  guilty, 
Reed  was  fined  £30  6s.  6d. ;  Evans  £25  6s.  6d. ;  and  Lovell,  £20  6s.  6d.  To 
satisfy  these  mulcts,  executions  were  issued,  and  the  sheriff  was  directed  to  sell 
such  a  portion  of  the  estates  of  the  delinquents  as  would  meet  the  demand. 
MSS.  Information,  Execution,  Ac.     Slade's  "Vt.  State  Papers,  346-348. 

X  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  N.  Y.,  p.  10. 


1779.]  EEPLT   OF   CLINTON   TO   iTTNOTT.  337 

lay  which  had  characterized  their  proceedings  had  arisen  from 
no  other  cause  than  the  necessity  of  first  attending  to  topics  of 
greater  importance.  "As  in  my  former  letters,  so  in  this," 
wrote  he,  "  I  forbear  to  point  out  the  line  of  conduct  I  could 
wish  the  well-affected  inhabitants  in  your  quarter  should  ob- 
serve ujjon  every  particular  occasion.  I  conceive  it  impossible, 
and  therefore  can  only  recommend,  in  general,  firmness  and 
prudence,  and  in  no  instance  to  acknowledge  the  authority  of 
Yermont,  unless  where  there  is  no  alternative  left  between  sub- 
mission and  inevitable  ruin.  This  appears  to  me  the  only  pro- 
per advice  I  can  give  at  present,  till  we  are  favored  with  the 
sentiments  of  Congress  relative  to  the  dispute,  or  until  we  are 
convinced  the  business  is  designedly  procrastinated.  In  either 
case,  as  the  Legislature  have  promised,  so  I  have  no  doubt  that 
they  will  afirard  you  protection,  and  that  effectual  measures  will 
be  immediately  taken  for  vindicating  the  rights  of  this  state, 
and  enforcing  a  due  submission  to  legal  government.  If,  how- 
ever, any  outrage  or  violence,  which  you  may  suppose  will  pro- 
duce bloodshed,  should  be  committed  in  the  towns  continuing 
in  their  allegiance  to  Xew  York,  either  by  Green  Mountain 
Boys,  or  any  parties  who  may  come  under  a  pretence  of  carry- 
ing into  execution  the  laws  of  Yermont,  you  will  inmiediately 
apprise  me  of  it,  and  you  may  be  assured  of  all  the  assistance 
in  my  power,  and  I  trust  it  will  be  suflicient  for  your  safety  and 
defence.  In  the  mean  time  I  will  myself  endeavor  to  procure 
intelligence,  and  if  I  should  discover  that  any  attempt  will  be 
made  by  Yermont  to  reduce  you  by  force  of  arms,  I  will  in- 
stantly issue  my  orders  to  the  militia,  who  are  properly  equip- 
ped, and  who  will  be  led  against  the  enemies  of  the  state  who- 
ever they  may  happen  to  be."  Other  passages  in  this  letter 
contained  words  of  encouragement  and  promises  of  assistance^ 
calculated  to  awaken  hope  and  excite  to  action.  "I  could 
ardently  wish,"  were  Clinton's  closing  words,  "that  the  inhabit- 
ants of  Yermont  would  conduct  themselves  in  such  manner  as 
to  avoid  the  necessity  of  bringing  matters  to  a  crisis  ruinous  to 
them,  and  very  injurious  to  individuals  among  us."* 

On  the  18th  of  May,  Clinton  transmitted  to  John  Jay,  the  pre- 
sident of  Congress,  the  papers  he  had  received  through  Townsend 
and  others,  with  a  request  that  Jay  would  lay  them  before  Con- 
gress.    In  the  letter  which  accompanied  these  papers,  he  stre- 

*  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  N.  T.,  p.  11. 

22 


338  HISTOET    OF   EASTERN   VERMONT.  [1779, 

nuously  advocated  the  immediate  interposition  of  Congress  as 
the  only  means  which  could  possibly  avail  to  ward  off  the 
dangers  impending.  "  The  Legislature,"  wrote  he,  "  have  from 
time  to  time  given  the  most  solemn  assurances  of  protection  to 
their  well  affected  subjects,  and  relying  upon  these  promises, 
the  inhabitants  of  several  towns  have  hitherto  persevered  in 
their  allegiance  to  this  state.  They  will  not,  I  imagine,  remain 
much  longer  content  with  mere  promises,  and  I  daily  expect 
that  I  shall  be  obliged  to  order  out  a  force  in  their  defence. 
The  wisdom  of  Congress  will  readily  suggest  to  them  what  will 
be  the  consequence  of  submitting  the  controversy,  especially  at 
this  juncture,  to  the  decision  of  the  sword.  It  will  not,  how- 
ever, I  trust,  be  imputed  to  this  state  that  we  have  precipitately 
had  recourse  to  coercive  measures.  We  have  anxiously  ex- 
pected the  sentiments  of  Congress  upon  this  important  business, 
and  it  was  our  earnest  wish  that  in  the  mean  time  the  inhabit- 
ants of  the  '  Grants'  who  deny  the  authority  of  this  state  would, 
by  a  proper  conduct  on  their  part,  have  prevented  the  necessity 
of  force.  But  justice,  the  faith  of  government,  and  the  peace 
and  safety  of  society,  will  not  permit  us  to  continue  longer 
passive  spectators  of  the  violence  committed  upon  our  fehow- 
citizens."* 

While  Clinton  was  striving  to  interest  Congress  in  the  topics 
which  were  attracting  so  much  attention  in  ]^ew  York,  the 
Yorkers  and  Vermonters  were  as  busily  engaged  in  prosecuting 
their  various  schemes.  As  soon  as  it  was  known  in  Cumberland 
county  that  Col.  Patterson  and  his  men  had  set  at  naught  the 
laws  of  Yermont,  Col.  Samuel  Fletcher,  commandant  of  one  of 
the  Yermont  regiments  in  that  county,  went  over  to  Arlington 
to  consult  with  the  state  Council.  Ethan  Allen,  ever  since  his 
return  from  captivity,  had  threatened  to  lead  his  Green  Moun- 
tain Boys  against  the  rebellious  Yorkers,  in  the  south-eastern 
corner  of  the  state,  and  now  that  the  Yermonters  seemed  deter- 
mined to  enforce  submission  to  their  authority,  fears  were  enter- 
tained that  he  would  not  only  put  his  threat  in  execution,  but, 
in  pursuance  of  a  general  plan,  endeavor  to  subdue  all  who 
opposed  the  jurisdiction  of  Yermont. 

As  the  initiative  step  in  the  proceedings  which  were  to  follow, 
Sergeant  McWain,  on  the  18th  of  May,  entered  a  complaint 
against  those  who  had  been  engaged  in  the  rescue  of  the  cows, 

*  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  K  Y.,  p.  12. 


1779.]  CONDUCT   OF   ETHAN    ALLEN.  339 

and  damages  were  laid  at  £1,000  lawful  money.  Writs  were 
issued,  signed  by  Ira  Allen,  for  the  arrest  of  forty-four  persons, 
among  whom  were  the  officers  in  Brattleborough,  Putney,  and 
Westminster  who  had  received  commissions  from  Kew  York, 
charged  with  "  enemical  conduct"  in  opposing  the  authority 
of  the  state.  Of  this  number  thirty-six  were  taken  and  con- 
fined in  the  jail  at  Westminster,  ^o  return  was  made  of  the 
remaining  eight.*  Closely  crowded  together  in  one  room,  the 
prisoners  were  obliged  to  remain  standing  on  their  feet  during 
the  first  night  of  their  confinement.  This,  and  the  excessive 
heat  of  the  weather,  rendered  their  sufferings  almost  intolerable. 
In  answer  to  their  just  demands,  more  comfortable  quarters 
were,  on  the  next  day,  provided  for  them,  and  their  situation 
during  the  week  in  which  they  continued  in  prison,  although 
by  no  means  agreeable,  was  thus  rendered  endurable.  Tliat 
the  sheriff  might  be  protected  in  the  execution  of  his  office. 
Gov.  Chittenden,  as  captain-general  of  the  state  militia,  ordered 
Col.  Ethan  Allan  to  engage  "  one  hundred  able-bodied,  effective 
men,  as  volunteers,  in  the  county  of  Bennington,  and  march 
them  into  the  county  of  Cumberland,"  there  to  remain  durmg 
the  sitting  of  the  court.  Orders  for  men  were  also  issued  to 
Col.  Joseph  Marsh  and  Col.  Samuel  Fletcher,  and  dm-ing  the 
week  of  the  trial  a  force  varying  from  two  hundred  to  three 
hundred  and  fifty  were  under  arms  at  Westminster. 

Armed  with  authority  from  the  Governor,  Ethan  Allen  at  the 
head  of  a  hundred  Green  Mountain  Boys,  boasted  of  his  force 
which  he  represented  as  five  times  greater  than  it  really  was. 
In  his  intercourse  with  the  Yorkers,  he  abused  them  in  the  most 
insulting  terms.  Not  only  with  his  tongue, but  with  liis  sword  also, 
he  assailed  those  who  differed  from  him  in  opinion.  Vermont,  he 
swore,  should  be  established  as  a  state,  let  the  cost  be  what  it 
might ;  and  if  bombast  and  effrontery  could  have  accomplished 
this  end,  there  would  have  been  no  occasion  for  the  efforts  of 
any  other  person.  Allen's  rhodomontade  would  have  effected 
that  which  was  finally  realized  only  by  time  and  compromise.  To 
such  a  pitch  of  rage  were  the  Y^orkers  incensed  by  his  conduct, 
that  the  reluctance  to  shedding  human  blood  was  alone  snfficient 
to  deter  them  from  resisting  his  petty  tyranny,  and  releasing  the 
j)risoners  who  were  guarded  by  his  men.     At  this  crisis,  a  meet- 

*  These  were  Israel  Smith  of  Brattleborough  ;  Charles  Kathan,  William  Perry, 
Koah  Sabin  Jr.,  and  Joseph  Lusher  of  Putney ;  Joseph  Ide,  Ichabod  Ide  Jr.,  and 
Wilcox  of  Westminster. — MS.  Court  Records. 


340  HISTORY    OF    EASTERN    VERMONT.  [1779. 

ing  of  tlie  county  committee  composed  of  ISTew  York  adherents, 
was  convened  at  Brattleborough  on  the  25th  of  May.  An 
account  of  the  events  of  the  preceding  week  was  prepared  by 
Samuel  Minott,  the  chairman  on  that  occasion,  and  was  for- 
warded to  Governor  Clinton  by  an  express.  Tlie  prayer  for 
relief  was  of  a  nature  not  to  be  mistaken.  If  aid  is  not  ren- 
dered, "  our  persons  and  property,"  said  they,  "  must  be  at  the 
disposal  of  Ethan  Allen,  which  is  more  to  be  dreaded  than 
death  with  all  its  terrors."* 

An  adjourned  session  of  the  su]3erior  court  was  held  at  West- 
minster on  the  26th  of  May.  Moses  Robinson  of  Bennington, 
presided  as  chief  judge,  assisted  by  John  Shephardson  of  Guil- 
ford, John  Fasset  Jr.,  of  Arlington,  Thomas  Chandler  Jr.,  of 
Chester,  and  Capt.  John  Throop  of  Pomfret,  side  judges.  To 
guard  against  interruption  during  the  session,  the  people  of  the 
town  who  supported  the  jurisdiction  of  Vermont  forcibly  seized 
the  public  stock  of  gunpowder,  amounting  to  one  hundred 
l^ounds,  which  had  been  provided  by  the  state  of  New  York, 
and  placed  twenty-five  pounds  of  it  in  the  hands  of  their  friends. 
Preliminaries  having  been  arranged,the  prisoners,  under  a  strong 
guard,  were  marched  from  the  jail-rooms  in  the  lower  part  of 
the  county  hall  to  the  court-room  in  the  second  story.  Noah 
Smith,  the  state's  attorney,  exhibited  a  complaint  against  the 
delinquents,  in  which  he  stated,  that  they  were  assembled  at 
Putney  on  the  28th  of  April  previous,  "  in  a  riotous  and  unlaw- 
ful manner ;"  that  they,  at  that  time,  made  an  assault  upon  one 
William  McWain,  "  a  lawful  officer  in  the  execution  of  a  lawful 
command,"  and  rescued  out  of  his  hands  and  possession  two 
cows,  which  he  had  taken  by  legal  measures.  He  charged  that 
such  "wicked  conduct"  was  a  flagrant  violation  of  the  com- 
mon law  of  the  land,  and  contrary  to  the  force  and  effect  of  a 
statute  law  of  the  state,  entitled,  "  An  act  to  prevent  riots,  dis- 
orders, and  contempt  of  authority  within  this  state,  and  for 
punishing  the  same."t 

*  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  N.  Y.,  p.  13. 

f  As  an  example  of  the  severity  of  the  earlier  laws  of  Vermont,  the  act  referred 
to  in  the  text  is  given  entire.  It  was  passed  at  the  session  of  the  General  Assem- 
bly holden  at  Bennington,  in  February,  1779,  and,  with  the  exception  of  its  title, 
is  as  follows  : — 

"  Whereas,  breaking  open  gaols,  rescuing  prisoners,  &c.,  are  much  to  the  da- 
mage of  civil  society, 

"  Which  to  prevent, 

"  Be  it  enacted,  and  it  is  hereby  enacted,  by  the  representatives  of  the  freemen 


1779.]  COURSE   OF   THE   IMPKISONED   YORKERS.  341 

Much  time  having  been  occupied  in  perfecting  the  arrange- 
ments incident  to  the  occasion,  and  the  day  being  far  spent,  the 
court  announced  a  recess  until  tlie  following  morning.  On  their 
return  to  the  jail,  the  prisoners  held  a  consultation  in  order  to 
decide  upon  the  course  which  in  the  present  emergency  could 
be  pursued  with  the  greatest  advantage.  Of  their  number  was 
Micah  Townsend  of  Brattleborough,  a  lawyer  of  abihty.  By 
his  advice  they  addressed  a  petition  to  the  judges  of  the  court, 
in  which  they  set  forth  the  peculiarity  of  their  situation,  and  the 
want  of  impartiality  in  the  proceedings  then  in  progress  against 
them.  They  averred  that  on  account  of  the  recency  of  their 
apprehension,  and  the  strictness  of  their  confinement,  they  had 
been  unable  to  procure  any  writings  or  witnesses  to  substan- 
tiate the  pleas  wdiicli  they  might  wish  to  ofier,  and,  further,  that 
they  could  not  be  "justified  to  their  consciences  and  to  the 
world,"  should  they  omit  any  "  prudent  and  lawful  measures  to 
acquit  themselves."  They  also  desired  the  privilege  of  obtain- 
ing counsel  from  another  state,  to  plead  their  several  causes. 

of  the  state  of  Vermont,  in  General  i\ssembly  met,  and  by  the  authority  of  the 
same,  that  if  any  person,  or  persons,  shall  impede  or  hinder  any  officer,  judicial  or 
executive,  civil  or  military,  under  the  authority  of  this  state,  in  the  execution  of 
his  office — on  conviction  thereof  before  the  superior  court  of  this  state,  [the 
offender]  shall  be  whipped  on  the  naked  back,  not  exceeding  one  hundred  lashes 
for  the  first  offence,  and  pay  all  costs  and  damages  that  shall  accrue  from  such 
disoi'der,  beside  cost  of  prosecution ;  and,  for  want  of  estate  to  pay  said  costs, 
damages,  (fee,  the  offender  may  be  bound  in  service  to  any  subject  of  this  state, 
for  such  time  as  shall  be  judged  by  said  court  to  be  sufficient  to  pay  said  costs, 
damages,  &c.     And  said  court  are  hereby  authorized  to  bind  said  delinquent. 

"  Be  it  further  enacted,  by  the  authority  aforesaid,  that  if  any  person  shall  be 
guilty  of  a  second  offence  of  the  like  nature,  and  shall  be  convicted  thereof,  he 
shall  be  branded  with  the  letter  C  on  the  forehead  and  shall  be  whipped  on  the 
naked  back,  not  exceeding  one  hundred  lashes  ;  to  be  repeated  every  time  of  con- 
viction. 

"  Be  it  further  enacted,  by  the  authority  aforesaid,  that  if  any  person  or  per- 
sons, either  directly  or  indirectly,  shall  break  open,  or  aid  or  assist  in  breaking 
open,  any  gaol,  or  place  of  confinement,  wherein  any  prisoner  or  prisoners  may 
be  confined  by  the  authority  of  this  state,  on  conviction  thereof,  [the  offender] 
shall  be  whipped  on  the  naked  back,  not  exceeding  one  hundred  lashes,  and  be 
branded  on  the  forehead  with  the  letter  B,  and  pay  a  fine,  not  exceeding  one  hun- 
dred pounds,  and  all  costs  and  damages  that  may  accrue  from  such  disorder,  toge- 
ther with  cost  of  prosecution  ;  and  for  want  of  estate  to  pay  said  costs  and  da- 
mages, the  offender  may  be  bound  in  service  as  aforesaid. 

"  That  the  superior  court,  before  the  dismission  of  such  delinquent,  may  call 
on  him  to  give  bonds,  in  surety,  not  exceeding  three  thousand  pounds,  for  his  good 
behaviour ;  and  in  case  such  delinquent  shall  refuse  to  give  such  surety,  said  court 
are  hereby  empowered  to  confine  such  delinquent  in  any  of  the  gaols  in  this 
state." — Slade's  Vt.  State  Papers,  p.  300. 


342  HISTORY    OF    EASTERN    VERMONT.  [1779. 

To  obtain  these  ends,  tliey  prayed  tliat  the  court  might  be 
adjourned,  for  at  least  one  month.  To  this  petition  were  sub- 
scribed the  names  of  twenty-eight  of  the  prisoners.  Its  only- 
effect  was  to  procure  as  counsel  for  the  delinquents,  Stephen 
Row  Bradley,  then  of  Bennington,  the  temporaiy  clerk  of  the 
court. 

"When  the  court  resumed  business  on  the  morning  of  the  27th, 
the  state's  attorney  having  become  satisfied  of  liis  inability  to 
sustain  the  complaints  which  he  had  instituted  against  three  of 
the  prisoners,  John  Ivathan,  John  Kathan  Jr.,  and  Lieut.  Daniel 
Kathan,  all  of  Dummerston,  entered  a  nolle  prosequi  in  their 
cases  and  withdrew  the  suits.  At  the  same  time  the  defendants' 
attorney,  Mr.  Bradley,  presented  a  motion  to  quash  the  indict- 
ments preferred  against  Stephen  Greenleaf  Jr.,  of  Brattle- 
borough,  Joseph  Goodhue  of  Putney,  and  Josiah  White,  on  the 
ground  of  the  nonage  of  the  parties.  The  motion  was  granted, 
and  the  court  was  about  to  proceed  with  the  trial  of  the  remain- 
ing prisoners,  when  an  unexpected  interruption  took  place. 
Ethan  Allen,  who,  with  his  men,  had  been  engaged  at  West- 
minster in  assisting  the  sheriff  and  guarding  the  prisoners,  had 
watched  with  interest  and  satisfaction  the  transactions  of  the 
preceding  day,  and  had  expressed  great  pleasure  at  the  manner 
in  which  the  goddess  of  justice  seemed  to  be  preparing  to  pu- 
nish the  rebellious  Yorkers.  He  was  not  present  at  the  com- 
mencement of  the  second  day's  session,  but  having  heard  that 
some  of  the  prisoners  were  obtaining  their  discharge,  he  resolved 
to  stop  sucl|  flagitious  conduct,  and  teach  the  court  their  duty. 
Accoutred  in  his  military  dress,  with  a  large  cocked  hat  on  his 
head  profusely  ornamented  with  gold  lace,  and  a  sword  of  fabu- 
lous dimensions  swinging  at  his  side,  he  entered  the  court  room 
breathless  with  haste,  and  pressing  through  the  crowd  which 
filled  the  room,  advanced  towards  the  bench  whereon  the 
judges  were  seated.  Bowing  to  Moses  Robinson  who  occupied 
the  chief  seat,  and  who  was  his  intimate  friend,  he  commenced 
a  furious  harangue,  aimed  particularly  at  the  state's  attorney, 
and  the  attorney  for  the  defendants. 

The  judge,  as  soon  as  he  could  recover  from  his  astonishment, 
informed  the  speaker  that  the  court  would  gladly  listen  to  his 
remarks  as  a  private  citizen,  but  could  not  allow  him  to  address 
them,  either  in  military  attire,  or  as  a  military  man.  To  this 
information  Allen  replied  by  a  nod,  and  taking  off  his  chapeau 
threw  it  on  the  table.     He  then  proceeded  to  unbuckle  his 


17T9.]  SINGULAR   PEOCEEDINGS    OF   ETHAN    ALLEN.  343 

sword,  and  as  he  laid  it  aside  with  a  flourish,  turned  to  the 
judge  and  in  a  voice  like  that  of  a  Stentor,  exclaimed, 

"  For  forms  of  government,  let  fools  contest ; 
Whate'er  is  best  administer'd,  is  best."* 

He  then  turned  to  the  audience  and  having  surveyed  them  for 
a  moment,  again  addressed  the  judge,  as  follows: — "Fifty 
miles,  I  have  come  through  the  woods  with  my  brave  men,  to 
support  the  civil  with  the  military  arm ;  to  quell  any  disturb- 
ances should  they  arise ;  and  to  aid  the  sheriff  and  the  court 
in  prosecuting  these  Yorkers — the  enemies  of  our  noble  state. 
I  see,  however,  that  some  of  them,  by  the  quirks  of  this  artful 
lawyer,  Bradley,  are  escaping  from  the  punishment  they  so 
richly  deserve,  and  I  find  also,  that  this  little  Noah  Smith  is  far 
from  understanding  his  business,  since  he  at  one  moment  moves 
for  a  prosecution,  and  in  the  next  wishes  to  withdraw  it.  Let 
me  warn  your  Honor  to  be  on  your  guard,  lest  these  delinquents 
should  slip  through  your  fingers,  and  thus  escape  the  rewards 
so  justly  due  their  crimes."  Having  delivered  himself  in  these 
words,  he  with  great  dignity  rej^laced  his  hat,  and  having 
buckled  on  his  sword,  left  the  court  room  with  the  air  of  one 
who  seemed  to  feel  the  weight  of  kingdoms  on  his  shoulders. 
After  a  short  interval  of  silence,  business  was  again  resumed. 

Of  those  against  whom  warrants  had  issued,  tliirty  were 
now  before  the  court  on  trial.  Tliese  were  Col.  Eleazer  Pat- 
terson of  Hinsdale  ;  Maj.  Elkanah  Day,  Capt.  Michael  Gilson, 
Lieut.  Medad  Wright,  Benjamin  Wliitney,  Bela  Willard,  Joseph 
Willard,  Bildad  Easton,  John  Norton,  and  Deacon  John  Ses- 
sions of  Westminster ;  Lieut.-Col.  John  Sargeauts,  Lieut.  James 
Blakeslee,  Lieut.  Samuel  Root,  Micah  Townsend,  Timothy 
Church,  and  Benjamin  Butterfield  of  Brattleborough  ;  Capt. 
James  Clay,  Lieut.  James  Clay  Jr.,  Lucas  Willson,  Ephraim 
Clay,  Daniel  Sabin,  Noah  Sabin,  William  Pierce,  Noah  Cush- 
ing,  Samuel  Wheat,  Francis  Cummings,  James  Cummings, 
Tlir>mas  Pierce,  Joseph  Jay,  and  Tliomas  Nelson  of  Putney. 
They  were  generally  men  of  note  and  influence,  and  among 

*  Pope's  Essay  on  Man,  epistle  iii.  vs.  303,  304.  Referring  to  the  sentiment 
contained  in  these  lines,  John  Adams  once  observed,  "  Pope  flattered  tyrants  too 
much  when  he  said, 

"  For  forms  of  government,  Ac." 
The  Life  and  "Works  of  John  Adams,  iv.  193. 


344  HISTORY    OF   EASTERN    VERMONT.  [1TT9. 

them  were  some  of  greater  ability  than  those  who  were  to  pass 
judgment  upon  their  conduct.  In  answer  to  the  charges  prefer- 
red against  them,  they  pleaded  in  bar  that  although  by  common 
law  they  might  be  held  to  answer  a  portion  of  the  information, 
yet  they  could  not  be  held  to  answer  that  part  of  it  founded  on 
the  statute,  since  it  was  not  in  their  power  to  know  the  statute  at 
the  time  when  the  crimes  were  said  to  have  been  committed,  as 
it  had  not  then  been  promulgated.*  This  statement  they  de- 
clared themselves  ready  to  verify.  The  court  decided  the  plea 
in  bar  to  be  sufficient,  and  ordered  that  part  of  the  information 
brought  on  the  statute  to  be  dismissed. 

The  delinquents  then  pleaded,  to  general  issue,  not  guilty,  and 
gave  in  evidence  that  they  were  subjects  of  the  state  of  I^ewYork, 
and  that  the  acts  charged  against  them  in  the  information  as 
offences,  were  done  by  virtue  of  authority  granted  them  by  that 
state.  Here  the  defence  rested.  Witnesses  were  then  examined 
on  the  part  of  Yermont,  and  the  cause  was  returned  to  the  judges, 
who  after  due  consideration  pronounced  the  defendants  guilty. 
As  a  punishment,  they  were  all  mulcted,  the  state  being  the 
recipient  of  the  proceeds.  Eleazer  Patterson,  John  Sargeants, 
Elkanah  Day,  and  James  Clay,  were  fined,  each,  £40  lawful 
money.  Michael  Gilson,  Lucas  Nelson,  and  Timothy  Church, 
each,  £25.  Micah  Townsend,  James  Blakeslee,  James  Clay  Jr., 
Benjamin  Whitney,  Samuel  Boot,  John  ISTorton,  and  John 
Sessions,  each,  £20.  Ephraim  Clay,  Medad  Wright,  Bela 
Willard,  Joseph  Willard,  and  Bildad  Easton,  each,  £10.  Daniel 
Sabin,  jSToali  Sabin,  William  Pierce,  Noah  Cushing,  Samuel 
Wheat,  Francis  Cummings,  James  Cummings,  Joseph  Jay, 
Thomas  Pierce,  and  Thomas  Willson,  each,  £3.  Benjamin 
Buttertield,  £2.     In  addition  to  this  the  costs  of  prosecution, 


*  The  law  referred  to,  and  which  is  given  in  full  in  a  previous  note,  was 
passed  at  Bennington  in  the  month  of  February  preceding  with  many  others,  but 
was  not  published  until  several  months  liad  elapsed.  In  a  letter  from  Ira  AUen, 
dated  at  Norwich,  April  19th,  1779,  and  addressed  "To  the  inhabitants  of  the 
state  of  Vermont,"  occur  these  words: — "As  the  laws  of  this  state  were  com- 
mitted to  my  care  to  see  to  the  printing  of  [them],  I  have  to  inform,  that  the 
printers  have  been  some  time  engaged  in  that  business,  and  will  not  attend  to  any 
other  until  that  is  accomplished.  But  to  print  them,  really  will  take  a  consider- 
able time,  and  cannot  be  done  as  soon  as  was  expected,  but  depend,  that  they 
will  be  ready  to  deliver  to  the  Assembly  at  their  next  session  at  Windsor."  The 
session  referred  to,  commenced  on  the  2d  of  June.  The  offences  for  which  the 
Yorkers  were  tried  were  committed  on  the  28th  of  April,  more  than  a  month 
before  the  promulgation  of  the  statute. 


1779.]  SENTIMENTS   OF   IKA   ALLEN.  345 

amounting  to  £1,477  18s.,  were  divided  equally   among  the 
delinquents.* 

In  commenting  upon  tliese  events,  Ira  Allen  in  a  letter  to 
Benjamin  Bellows  of  Walpole,  written  from  Westminster, 
expressed  what  may  be  regarded  as  the  sentiments  of  the  more 
moderate  portion  of  the  partizans  of  Vermont.  "  It  is  not  our 
design,"  said  he,  "  to  treat  the  inhabitants  of  this  county  with 
severity,  but  with  as  much  lenity  as  the  natm'e  of  the  case  will 
admit.  Yet  the  authority  of  this  state  must  be  supported,  for 
commissions  from  two  different  states  can  no  longer  subsist 
together.  We  mean  not  to  boast  of  our  victory  over  those 
gentlemen  that  were  in  favour  of  ISTew  York  in  this  coimty, 
but  hope  to  make  them  om-  friends,  and  have  the  pleasure  of 
treating  them  as  such.  We  mean  this  movement  as  a  defiance 
to  the  old  government  of  ^ew  York,  with  whom  we  have  long 
contended  for  our  properties." 

The  effect  of  these  disturbances  was  visible  not  only  in  the 
conduct  of  the  members  of  the  two  parties  towards  one  another, 
but  also  in  the  measures  adopted  by  the  Legislature  of  Yermont. 
Wlien  on  the  2d  of  June,  the  General  Assembly  held  a  special 
session  at  Windsor,  this  eftect  was  made  especially  apparent. 
The  act  which  was  then  passed,  entitled,  "  An  act  to  prevent 
persons  from  exercising  authority,  unless  lawfully  authorized  by 
this  state,"  was  one  of  the  direct  results  of  the  attempt  which 
had  been  made  by  Col.  Patterson  to  obey  the  directions  of  the 
state  of  New  York.  No  one  could  mistake  the  intention  of  the 
government  of  Vermont,  when  it  uttered  its  edicts  in  terms  as 
plain  and  decided  as  these : — 

"  Whereas  there  are  divere  persons  within  this  state,  who 
have  opposed,  and  do  continue  to  oppose  the  government  there- 
of ;  and  who  do,  by  every  way  and  means  in  their  power,  endea- 
vor to  obstruct  the  free  exercise  of  the  powers  of  government 
within  the  same  : 

"  Which  mischief  to  prevent, 

"  Be  it  enacted,  and  it  is  hereby  enacted,  by  the  representatives 
of  the  freemen  of  the  state  of  Vermont,  in  General  Assembly 
met,  and  by  the  authority  of  the  same,  that  if  any  persons  with- 
in this  state,  except  continental  officei*s,  shall,  after  the  first  day 
of  September  next,  accept,  hold,  or  exercise  any  office,  either 

*  MS.  Court  Records.  George  Clinton  Papers  in  N.  Y.  State  Lib.,  vol.  vii. 
docs.  2231,  2249.  Doc.  Hist.  N.  Y.,  iv.  957-966.  Slade's  Vt.  State  Papers,  305- 
312.     Narratives  of  Old  Men. 


346  HISTORY    OF   EASTERN    VERMONT.  [1779. 

civil  or  military,  from  or  under  any  authority,  other  than  is  or 
shall  be  derived  from  this  state,  and  b.e  thereof  duly  convicted, 
they  shall,  for  the  first  oifence,  pay  a  fine  not  exceeding  £100 
lawful  money,  according  to  the  discretion  of  the  court  which  may 
have  cognizance  thereof;  and  for  the  second  ofience  of  the  like 
kind,  shall  be  whipj^ed  on  the  naked  body  not  exceeding  forty 
stripes,  according  to  the  discretion  of  the  court  before  whom 
they  are  prosecuted ;  and  for  the  third  offence  shall  have  their 
right  ear  nailed  to  a  post,  and  cut  off,  and  be  branded  in  the 
forehead  with  the  capital  letter  0  on  a  hot  ii'on.  This  act  to 
continue  in  force  until  the  rising  of  the  Assembly  in  October, 
1T80,  and  no  longer." 

In  order  to  express  their  approbation  of  the  manner  in  which 
the  late  opposition  of  the  Yorkers  had  been  resisted,  the  As- 
sembly appointed  Edward  Harris  of  Halifax,  Silas  Webb  of 
Thetfoi'd,  and  Col.  John  Strong  of  Dorset,  a  committee  to  wait 
on  his  Excellency  the  Governor,  and  the  members  of  the  Coun- 
cil, and  convey  to  them  the  thanks  of  the  Assembly  for  their 
promptness  in  i-aising  and  sending  the  posse  comitatus  into 
Cumberland  county  in  the  month  of  May  previous,  "for  the 
purpose  of  apprehending  the  rioters  who  were  tried  at  West- 
minster." As  a  reward  for  his  invaluable  services,  Ethan 
Allen  was,  on  the  3d  of  June,  created  a  Brigadier  General,  and 
the  sum  of  48s.  lawful  money  per  diem,  was  voted  to  each  of 
those  who  had  accompanied  him  or  the  other  colonels,  for  the 
purpose  of  assisting  the  sheriff.  At  the  same  time  means  were 
taken  to  organize  militia  companies.  As  the  initiative  in  this 
undertaking,  the  males  in  the  town  of  Whiting,  between  the 
ages  of  sixteen  and  sixty,  were  ordered  to  choose  a  captain, 
a  lieutenant,  and  an  ensign,  and  the  same  directions  were  given 
to  the  inhabitants  of  ISTewfane.  Owing  to  a  representation- 
made  to  the  Assembly  charging  the  enemies  of  the  state  resid- 
ing in  Cumberland  county  with  being  in  possession  of  "  con- 
siderable stocks  of  ammunition,"  the  selectmen  of  the  different 
towns  were  ordered  to  make  application  for,  and  receive  every- 
thing of  this  description  that  might  be  held  in  their  respective 
districts.  In  case  of  resistance,  they  were  authorized  to  seize 
the  contraband  articles.  Ko  one  was  excused  from  affording 
aid  in  carrying  this  law  into  execution. 

In  the  Council,  measures  more  conciliatory  in  their  nature 
were  adopted.  Maj.  Stephen  Row  Bradley  was  appointed 
to  prepare  a  proclamation  "  to  be  issued  by  his  Excellency," 


17T9.]  GOV.  Chittenden's  proclamation.  3-17 

relative  to  the  disaiFected  inhabitants  of  Cumberland  county. 
The  instrument  was  drawn  in  conformity  with  the  sentiments 
of  the  Council.  On  the  3d  of  June  it  received  the  official 
sanction  in  the  following  form  : — 

"  By  His  Excellency  Tliomas  Chittenden,  Esquire,  Governor, 
Captain  General,  and  Commander  in  chief  in  and  over  the 
State  of  Yermont. 

"  A  Proclamation. 

"  "Whereas,  sundry  persons  inhabitants  of  this  state,  forget- 
ting that  great  tie  of  allegiance  that  ought  to  bind  every  sub- 
ject in  a  faithful  obedience  to  that  power  which  protects  life, 
liberty,  and  fortune ;  being  instigated,  partly  through  their 
own  mistaken  notions  of  government ;  not  considering  that  all 
power  originates  from  the  people  ;*  and  building  on  a  false 
reason,  that  a  pubKc  acknowledgment  of  the  powers  of  the 
earth  is  essential  to  the  existence  of  a  distinct,  separate  state ; 
but  more  especially  being  deceived  and  influenced  by  certain 
persons,f  who  have  crept  in  privately  to  spy  out  and  overturn 
the  liberties  of  this  state,  purchased  at  the  dearest  rate,  who 
acting  under  pretence  of  power  assumed  by  a  neighboring 
sister  state,  never  derived  from  God  or  nature,:}:  have  imposed 
their  tenets  on  the  credulous,  whereby  some  have  been  led  to 
follows'  their  pernicious  ways,  in  consequence  of  which,  some  of 
my  faithful  subjects  have  been  traduced  to  oppose  the  authority 
of  this  state,  and  obstruct  the  course  of  civil  law  to  the  disturb- 
ance of  the  peace,  thereby  incurring  the  penalties  of  that  great 
rule  of  right,  which  requires  obedience  to  the  powers  that  are. 

"  And  whereas  the  supreme  authority  of  this  state,  are  ever 
willing  to  alleviate  the  miseries  of  those  unhappy  subjects,  who 
transgress  laws  through  mistaken  notions,  in  remitting  the  penalties 
thereof;  and  inasmuch  as  equal  punishments,  in  this  case,  cannot 
be  distributed!  without  punishing  the  righteous  with  the  wicked. 

"  I  have  therefore  thought  fit,  by  and  with  the  advice  of 
Council,  and  at  the  desire  of  the  representatives  of  the  freemen 

*  The  form  of  the  proclamation  given  in  the  text,  is  taken  from  the  published 
copy.  In  the  original  draft  the  "words,  "  whose  voice  is  the  voice  of  God,"  was 
inserted  after  the  word  "  people." 

•\  In  the  original,  this  passage  ran,  "  deceived  and  led  on  by  certain  persons 
ordained  of  old  to  condemnation." 

I  In  the  original,  these  words  were  inserted  at  this  point,  "  being  mostly 
enemies  to  the  prosperity  of  America.." 

§  In  the  original,  the  words  "  inasmuch  as  the  tares  in  this  world  cannot  be 
separated  from  the  wheat,"  are  used  in  place  of  the  sentence  commencing  "inas- 
much as,"  in  the  text. 


348  HISTOKY    OF   EASTERN    YEKMONT.  [1779. 

of  tliis  state,  in  General  Assembly  met,  to  make  known  and 
declare  this  mj  gracious  design  of  mercy  to  every  offender, 
and  do  hereby  publish  and  declare  to  all  persons,  residing 
within  this  state,  a  full  and  free  pardon  of  all  public  offences, 
crimes  and  misdemeanors  heretofore  committed  within  the 
limits  of  the  same,  against  the  honor  and  dignity  of  the  free- 
men thereof;  reuiitting  to  all  and  singular,  the  persons  afore- 
said, all  penalties  incurred  for  breaches  of  the  peace,  such  as 
riots,  mobs,  tumultuous  assemblies,  contempt  of  and  opposition 
to  authority,  excepting  only  the  crimes  of  high  treason,  mis- 
prision of  treason,  and  other  capital  offences,  committed  since 
the  fifteenth  day  of  January,  1777;'*  and  all  persons  indicted, 
informed  against,  or  complained  of  for  any  of  the  offences  afore- 
said, committed  before  this  date,  may  plead  this  proclamation 
in  discharge  thereof,  provided  nothing  herein  contained  be  con- 
strued to  extend  to  any  person  to  whom  judgment  has  already  been 
rendered,  nor  to  bar  any  person  from  recovering  private  damages, 
anything  contained  herein  to  the  contrary  notwithstanding. 

"  And  I  do  fm-ther  assure  the  subjects  of  this  state,  that  it  is 
not  the  design  of  government  to  take  from  any  one  the  peace- 
able enjoyment  of  his  own  possessions,  acquired  by  the  sweat 
of  his  brow,  whatever  falsehoods,  wicked  and  designing  men 
may  have  invented  to  disquiet  the  minds  of  the  faithful  subjects 
of  the  state  of  Yermont.f 

"  Given  under  my  hand  and  seal  at  arms,  in  the  Council 
Chamber  at  Windsor,  on  the  third  day  of  June,  1779,  in  the 
third  year  of  the  independence  of  this  and  the  United  States  of 
America. 

"  Tliomas  Chittenden. 
"  By  His  Excellency's  command. 

"  Jonas  Fay,  Secretary,  ])to  tern. 
"  God  save  the  People.":}: 

*  The  words  "  and  other  capital  offences,  committed  since  the  fifteenth  day  of 
January,  HY?  "  are  wanting  in  the  original.  The  words  following  "  misprision  of 
treason"  in  the  original  are,  "  against  this,  or  the  United  States." 

f  In  the  original  draft,  this  paragraph  was  introduced  by  the  following  sen- 
tence :  "  And  I  do  further  recommend  and  enjoin  upon  every  denomination  of 
men,  strict  obedience  to  the  laws ;  as  the  executive  authority  are  determined  to 
carry  into  execution  every  good  and  wholesome  law  made  by  the  freemen  of  this 
State."  Other  verbal  differences  not  here  noted,  may  be  observed  by  comparing 
the  proclamation  in  the  text  with  the  original  draft  published  in  Slade's  Vt.  State 
Papers,  pp.  556,  557. 

X  MS.  letter  of  Ira  Allen  to  Benjamin  Bellows.  Slade's  Vt.  State  Papers,  pp. 
389,  390.     Records  General  Assembly  Vt.     Records  Council  Vt 


1779.J  VAKIOUS   PUBLICATIONS   BY   THE   COUNCIL.  349 

By  a  resolution  of  the  Council  passed  on  tlie  Yth  of  June, 
tliis  proclamation,  the  orders  of  the  Governor  to  Col.  Ethan 
Allen  dated  the  6th  of  May,  17Y9,  and  an  extract  from 
the  records  of  the  adjourned  session  of  the  superior  court, 
held  at  Westminster  on  the  26th  of  the  same  month,  were  pub- 
lished together,  in  order  that  the  people  might  not  be  unin- 
formed concerning  the  measure  which  had  been  taken  to 
uphold  the  authority  of  the  state. 

On  being  apprised  of  the  disturbances  which  had  occurred  in 
Cumberland  county,  Governor  Clinton,  on  the  29th  of  May, 
transmitted  by  express,  the  papers  containing  the  information 
to  John  Jay  the  president  of  Congress,  with  a  request  that  he 
would  lay  them  before  Congress  without  delay.  By  the  same 
conveyance  he  wrote  to  the  New  York  delegation,  telling  them 
that  the  "  Vermont  business  "  had  reached  a  crisis,  and  assuring 
them  of  his  confidence  in  their  exertions  to  obtain  the  opinion 
of  Congress  on  that  subject  at  the  earliest  moment  possible. 
He  informed  them  that  the  state  Legislature  would  meet  on 
the  1st  of  June,  and  would  probably  adopt  decisive  measures. 
At  the  same  time  he  assured  them  that  he  should  issue  his 
orders  to  the  militia,  and  make  the  necessary  arrangements  for 
supj)orting  the  injured  dignity  of  the  state;  and  further,  that 
he  should  conceive  it  his  duty  to  order  a  force  of  a  thousand 
men  who  had  been  destined  for  the  defence  of  the  frontiers,  to 
march  to  Brattleborough  for  the  protection  of  that  and  the 
adjacent  towns,  unless  the  interposition  of  Congress  should 
render  such  a  measure  unnecessary.* 

On  the  22d  of  May,  before  several  of  the  events  above  referred 
to  were  known  in  Philadelphia,  resolutions  had  been  proposed  in 
Congress  by  the  New  York  delegation,  the  object  of  which  was  to 
obtain  from  Congress  an  acknowledgment  of  the  right  of  each 
of  the  thirteen  states  to  retain  in  its  possession  all  the  lands  it 
had  held  while  a  colony  of  and  subject  to  Great  Britain,  and 
to  declare  in  what  manner  disputes  regarding  territorial  juris- 
diction should  be  settled.  On  the  29th,  the  day  on  which  these 
resolutions  were  to  have  been  taken  up  in  committee  of  the 
whole,  information  anticipatory  of  trouble  in  Cumberland 
county  was  received,  which  led  Congress  to  postpone  their 
consideration.  The  committee  met,  however,  on  the  Ist  of  June, 
and  were  engaged  in  a  discussion  of  the  resolutions,  when  letters 

*  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  K  Y.,  p.  14. 


350  HISTOKT    OF   EASTERN    VEKMOXT.  [1779. 

arrived  from  Clinton  containing  an  account  of  tlie  trouble 
which  had  been  foreshadowed.  Although  these  letters  were 
not  laid  before  Congress,  yet  the  legislation  which  followed  was 
probably  based  in  part  uj)ou  them.  A  resolution  was  passed, 
authorizing  the  appointment  of  a  committee  who  should  be 
instructed  to  rei3air  to  the  "  Grants,"  and  learn  the  reasons  why 
tlie  inhabitants  refused  to  continue  citizens  of  the  respective 
states  wliich  had  previously  exercised  jurisdiction  over  that 
district ;  and  further,  to  take  every  prudent  measure  to  promote 
an  amicable  settlement  of  all  differences,  and  to  prevent  the 
recurrence  of  animosities  and  divisions  which  had  already  been 
so  prejudicial  to  the  interests  of  the  United  States.  Informa- 
tion of  this  proceeding  was  conveyed  to  Governor  Chnton  in 
letters  dated  the  1st  of  June,  from  John  Jay,  the  president  of 
Congress,  and  from  the  ]^ew  York  delegation.  In  the  com- 
munication of  the  latter,  moderation  was  especially  recom- 
mended. "  Li  our  opinion,"  said  they,  "  it  will  be  wise  to 
abstain  from  hostilities  for  the  present,  and  rather  suffer  a  little 
than  shed  blood."  They  also  expressed  a  hope  that  every  cause 
of  jealousy  would  be  removed,  and  that  "mutual  confidence, 
harmony,  and  good  understanding,"  would  arise  between  New 
York  "  and  her  sister  states  to  the  eastward."* 

On  the  2d  of  June,  Oliver  Ellsworth  and  Jesse  Root  of  Con- 
necticut, Timothy  Edwards  of  Massachusetts,  Dr.  John  Witlier- 
spoon  of  New  Jersey,  and  Col.  Samuel  J.  Atlee  of  Pennsylvania, 
were  deputed  to  visit  the  "  Grants"  in  accordance  with  the 
resolve  of  Congress.  Notice  of  their  aiDpointment  was  imme- 
diately communicated  to  them,  accompanied  with  an  urgent 
request  from  the  president  of  the  Congress,  that  they  would 
enter  immediately  on  the  business  which  had  been  intrusted  to 
them. 

While  affairs  were  in  this  condition.  Governor  Chnton  wrote 
from  his  camp  in  the  Highlands,  on  the  7th  of  June,  to  those 
who  were  especially  interested  in  the  amicable  settlement  of 
the  disputes  which  had  been  the  cause  of  so  nnich  ill  feeling 
and  violence.  He  informed  Samuel  Minott,  the  chairman  of 
the  committee  of  Cumberland  county,  that  the  advance  of  the 
British  up  the  Hudson  had  delayed  the  meeting  of  the  Legisla- 
ture, and  had  compelled  him  to  take  the  field.  At  the  same  tune 
he  assured  Minott  that  he  should  convene  the  members  as  soon 

*  Papers  relating  to  Vfc.  Controversy,  in  office  Sec.  State  N.  Y.,  pp.  15,  16. 


1779.]  GOVEKXOK   CLINTON.  351 

as  the  safety  of  the  country  would  admit  of  his  return,  and 
should  endeavor  to  induce  them  to  concert  such  measures  as 
would  insure  the  peace  and  safety  of  the  inhabitants  of  Cumber- 
land county.  "In  the  mean  time,"  said  he,  "I  must  earnestly 
recommend  to  you  to  continue  firm  in  the  cause  in  which  you 
are  engaged,  and  to  conduct  yourselves  with  prudence  towards 
the  revolters,  and  you  may  rest  assured  that  I  shall  make  every 
exertion  for  your  protection  of  wliich  the  executive  authority 
of  government  is  capable."'^ 

To  General  Washington  he  communicated  his  regret  that  the 
late  resolutions  of  Congress  were  insufficient  to  remedy  the 
difficulties  which  they  were  designed  to  meet,  and  announced  his 
intention  of  quitting  the  field  in  order  to  convene  the  Legisla- 
ture, and  make  the  necessary  arrangements  for  vindicating 
the  authority  of  the  state.  "  I  had  flattered  myself,"  wrote  he, 
"  that  in  consequence  of  my  representation  that  Ethan  Allen 
having  the  rank  of  a  colonel  under  Congress,  had  with  his 
associates  seized  and  imprisoned  the  principal  civil  and  military 
officers  of  tliis  state  in  the  county  of  Cumberland,  the  justice 
and  wisdom  of  Congress  would  have  adopted  such  measures  as 
might  have  prevented  this  state  from  the  cruel  necessity  they 
will  too  probably  be  reduced  to  in  a  short  time,  of  opposing 
force  to  force.  Your  Excellency,  who  knows  my  inclinations 
and  conduct,  the  zeal  and  exertions  of  this  state  in  the  common 
cause,  and  their  long  and  patient  forbearance  under  the  usur- 
pation of  their  revolted  citizens,  will  judge  with  what  anxiety 
we  look  forward  to  the  cruel  dilemma  to  which  by  the  great 
principle  of  self-preservation  we  may  shortly  be  reduced;  and 
this  anxiety  is  rendered  doubly  painful  by  the  reflection,  that 
the  general  interest  of  America  must  necessarily  be  affected  by 
applying  the  resources  for  maintaining  the  authority  of  this 
state,  which  have  been  so  amply  and  liberally  afforded  by  them 
since  the  commencement  of  the  war  in  support  of  the  common 
cause."  He  also  informed  him  that  in  order  to  carry  into 
execution  the  measures  upon  which  he  had  determined,  it  would 
be  necessary  for  the  state  to  be  furnished  with  appropriate 
means.  He  therefore  desired  Washington  to  return  "  the  six 
brass  six-pounders,  together  with  their  apparatus,"  which  New 
York  had  loaned  to  the  United  States  in  the  year  1776,  or  to 
replace  them  in  case  they  were  not  to  be  obtained.     As  to  pro- 

*  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  K.  Y.,  p.  1*7. 


352  HISTORY    OF   EASTERN    VERMONT.  [1YT9. 

visions,  he  stated  that  he  had  been  ordered  by  the  Legislature 
to  coUect  a  "  magazine  of  Hour,"  but  that  it  would,  perhaps,  be 
wanted  by  those  who  might  be  ordered  to  support  the  authority 
of  the  state.  The  whole  tone  of  the  letter  was  in  keeping  with 
the  course  which  the  Governor  had  determined  to  pursue  as  a 
faithful  guardian  of  the  interests  of  the  state.* 

In  writing  to  Jay,  Clinton  declared  his  opinion  concerning  the 
late  action  of  Congress  in  language  even  more  decided  than 
that  which  he  had  used  in  his  letter  to  Washington.  He 
expressed  his  astonishment  and  concern  that  Congress  had 
"  passed  over  in  profound  silence"  the  remonstrances  which  had 
been  sent  them  against  the  conduct  of  the  revolters  from  New 
York.  He  appealed  to  their  candor  to  decide  whether  their 
inaction  accorded  with  their  repeated  resolutions  in  which  they 
had  declared  their  determination  to  "  discountenance  every  s^iecies 
of  disrespect  shown  by  any  officers  in  their  service  to  the  legisla- 
tive or  executive  authority  of  the  respective  states  ;"  or  whether 
it  was  a  proper  result  of  their  decision  of  the  1st  of  June, 
whereby  they  had  resolved  to  "  pay  an  equal  attention  to  the 
rights  of  the  state  of  New  York  with  those  of  the  other  states 
in  the  Union."  Not  doubting  the  purity  of  the  intention  of 
Congress  in  appointing  a  committee  to  confer  with  the  revolters, 
he  at  the  same  time  made  known  his  disapprobation  of  the 
measure  in  terms  which  could  not  be  misunderstood.  "  I  am 
apprehensive,"  said  he,  "  it  will  by  no  means  produce  the  salu- 
tary eifects  for  which  I  suppose  it  was  calculated ;  for,  notwith- 
standing the  just  and  generous  terms  offered  by  my  different 
proclamations  founded  on  the  resolutions  of  the  Legislature  of 
this  state,  the  refractory  disposition  of  the  principal  actors  in 
this  revolt  has  stiU  increased.  By  them  it  will  be  considered 
as  an  implied  acknowledgment  of  their  authority,  and  tliereby 
tend  to  strengthen  the  usurpation ;  and  in  the  minds  of  the 
well-affected  citizens  who  know  the  repeated  and  uncontradicted 
declarations  which  the  principal  revolters  have  made  that  they 
have  received  encouragement  from  several  members  of  Con- 
gress, some  of  whose  names  are  mentioned,  and  who  have 
observed  that  the  most  flagrant  insults  against  the  civil  authori- 
ty of  this  state,  even  by  officers  of  Congress,  have  been  totally 
disregarded,  it  will,  I  have  too  much  cause  to  fear,  excite  fresh 
jealousies."     For  these  reasons  he  recommended  that  the  con- 

*  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  W.  Y.,  p.  20. 


1779.]  JOHN  SESSIONS.  353 

ference  committee  should  postpone  their  journey  until  the  state 
Legislature  should  have  time  to  convene,  and  consider  the  late 
resolves  of  Congress.  His  letter  to  the  New  York  delegation, 
though  not  as  comprehensive,  contained  sentiments  similar  to 
those  announced  in  the  letters  to  Minott,  Washington,  and 
Jay.* 

By  the  committees  of  six  towns  in  Cumberland  county,  which 
acknowledged  the  jurisdiction  of  New  York,  John  Sessions  of 
"Westminster  was  commissioned  to  hear  to  Governor  Clinton  an 
official  account  of  the  late  transactions,  and  of  the  difficulties  to 
which  the  subjects  of  New  York  had  been  exposed  in  conse- 
quence of  their  obedience  to  the  laws  of  that  state.  In  the  letter 
of  the  committees  which  he  carried,  dated  the  8th  of  June,  an 
earnest  wish  was  expressed  that  the  state  should  bear  his 
expenses  to  Philadelphia,  whither  they  desired  he  should  pro- 
ceed for  the  pm'pose  of  expediting,  if  possible,  the  determination 
of  Congress  with  respect  to  the  controversy.  A  report  spread 
by  Ethan  Allen,  to  the  effect  that  two-thirds  of  the  members  of 
Congress  were  favorers  of  the  new  state  of  Vermont,  served  to 
render  the  committees  especially  anxious  to  know  how  much  of 
this  story  was  to  be  placed  to  the  account  of  truth,  and  how 
much  to  the  workings  of  fancy.  As  to  the  effect  which  the 
legal  prosecutions  they  had  suffered  had  produced,  they  used 
this  language : — "  We  would  beg  leave  to  inform  your  Excel- 
lency, that  we  cannot  long  endui'e  our  present  distressing  situa- 
tion, and  if  Congress  does  not  immediately  interfere,  or  the  state 
protect  us  effectually  and  without  delay,  we  shall  be  under  the 
disagreeable  necessity  of  submitting,  though  reluctantly,  to  be 
governed  by  the  enemies  of  the  state."t 

Similar  to  this  was  the  account  sent  by  Micah  Townsend  to 
Governor  Clinton  on  the  9th.  From  his  declarations  it  appeared 
that  the  greater  part  of  the  Green  Mountain  Boys,  with  whom 
he  had  conversed  during  the  time  of  the  disturbance,  were 
either  unwilling  or  unable  to  make  known  the  number  of  their 
"  fighting  men,"  or  even  of  their  regiments.  He  stated,  how- 
ever, on  the  authority  of  Roswell  Hopkins,  the  clerk  of  the 
General  Assembly  of  Yermont,  that  their  militia  force  numbered 
three  thousand,  of  which  two  thirds,  it  was  supposed,  would  take 
arms  against  New  York;  that  they  also  depended  upon  the 

*  Doe.  Hist.  N.  T.,  iv.   966-976.      Journals  Am.  Cong  ,  iii.  285,  286,  295-298. 
Papers  relating  to  Vt,  Controversy,  in  office  Sec.  State,  N.  Y.,  pp.  18,  19. 
f  George  Clinton  Papers  in  K  Y.  State  Lib.   vol.  viii.  doc.  2394. 

23 


354  HISTOKT    OF    EASTERN    'V'ERMONT.  [1779. 

assistance  of  a  thousand  men  from  Berkshire  county,  Massa- 
chusetts, in  an  emergency,  and  upon  the  co-operation  of  the 
immigrants  who  were  flocking  from  other  states.  He  assured 
the  Governor  that  Ethan  AUen  had  remarked  that  the  trials 
of  the  Yorkers  had  not  been  held  for  the  purpose  of  distressing 
individuals,  but  that  they  were  intended  as  a  challenge  to  the 
government  of  New  York  "  to  turn  out  and  protect  their  sub- 
jects."  He  also  stated  that  Allen  liad  publicly  declared  that  the 
supporters  of  the  new  state  had,  for  a  long  time,  been  engaged 
in  making  preparations  for  a  contest  with  the  Yorkers,  that  they 
were  now  prepared  to  receive  their  opponents,  and  were  desi- 
rous that  Governor  Clinton  should  be  informed  of  their  readiness 
to  fight.  "  xYfter  so  open  a  challenge,"  wrote  Mr.  Townsend,  in 
view  of  these  circumstances,  "  if  Congress  does  not  immediately 
determine  this  controversy  in  favor  of  Kew  York,  or  the  state 
eifectually  protect  their  subjects  here,  it  cannot  be  thought 
strange  if  they  should  in  a  body  join  the  only  government  under 
which  they  can  be  secure.  "Who  will  dare  resist  the  execution 
of  the  laws  of  Vermont,  unless  upon  tolerably  sure  ground,  when 
whipping,  branding,  &c.,  will  infalHbly  be  the  consequence  if 
superior  force  does  not  prevent  it  ?  And  if  submission  must  be 
our  lot,  will  not  the  state  hereafter,  and  with  reason,  have  those 
who  are  now  their  friends  for  enemies  ?  If  Congress  do  not  take 
up  the  matter  presently,  or  if  they  make  only  a  temporary  set- 
tlement, it  is  clear  to  me  that  Yermont  is  favored,  and  wiU  infal- 
libly maintain  their  independence  unless  the  force  of  New  York 
prevents  it  immediately.  For  New  York  to  delay  taking  arms, 
however  specious  the  reasons,  is  the  same  as  to  yield  the  point." 
In  discussing  the  subject  at  greater  length,  Mr.  Townsend 
recommended  to  Governor  Clinton,  in  case  the  Legislature 
should  deem  it  best  to  defend  their  constituents,  to  send  from 
New  York  a  force  strong  enough  "  to  bear  down  all  opposition" 
in  the  coimty,  and  then,  if  it  should  be  thought  practicable  to 
make  use  of  the  Yorkers  resident  in  Yermont,  to  supply  them 
with  arms,  ammunition,  and  "  some  experienced  officers."  He 
further  suggested,  as  a  plan  which  had  been  communicated  to 
him  by  one  who  was  "  acquainted  with  military  matters,"  and 
who  had  ever  been  a  staunch  supporter  of  the  jurisdiction  of 
New  York,  that  fortifications  should  be  erected  to  enclose  the 
Court-house  at  Westminster,  and  that  two  hundred  or  three 
hundred  men  should  be  sent  to  build  them  and  to  act  as  a  gar- 
rison when  they  should  be  completed.     Tlie  accomplishment  of 


ITTO.]  ACTION    OF   CONGRESS.  355 

tills  design  he  described  as  easy,  owing  to  the  bluff  a  few  rods 
north  of  the  building,  which  would  serve  as  a  natural  rampart, 
and  to  the  level  character  of  the  ground  in  every  other  direction. 
Under  the  protection  of  the  garrison  he  recommended  the  esta- 
blishment of  courts  of  justice,  a  measure  which,  he  supposed, 
would  tend  gradually  to  restore  order  and  end  opposition.  "  Li 
this  event,"  said  he,  "  Charlotte  county  will  be  between  two 
fires,  the  British  and  the  Yorkers."  To  support  the  troops  he 
doubted  not  that  private  contributions  would  be  made.  In 
behalf  of  Col.  Samuel  Wells  of  Brattleborough,  he  promised  a 
thousand  pounds  of  beef  and  a  barrel  of  pork.  He  also  expressed 
his  belief  that  when  it  should  appear  that  ]^ew  York  was  "  in 
earnest"  in  her  efforts,  a  company  could  be  easily  raised  in  the 
county  to  assist  in  garrisoning  the  fort.* 

Tliese  various  communications,  containing  expressions  beto- 
kening an  intention  of  prompt  and  decisive  action  in  certain 
quarters,  were  not  without  their  effect.  To  atone  for  a  supine^ 
ness,  which  was  probably  the  result  of  ignorance  rather  than  of 
design,  Congress  resolved  unanimously,  on  the  16th  of  June,  that 
the  officers  acting  under  the  state  of  New  York,  who  had  been 
lately  deprived  of  their  liberty  "  by  certain  persons  of  a  district 
called  the  'New  Hampshire  Grants,"  ought  to  be  immediately 
liberated ;  directed  the  committee  of  conference,  that  had 
already  been  appointed,  to  inquire  into  the  subjects  discussed 
in  Governor  Clinton's  letters,  and  report  specially  to  Congress  ; 
declared  that  Congress  did  not  intend,  by  their  resolution  of  the 
1st  of  June,  to  uphold  principles  subversive  of,  or  unfavorable 
to,  the  internal  policy  of  any  of  the  United  States  ;  and  decided 
that,  inasmuch  as"verysalutary  effects"  were  expected  to  follow 
the  appointment  of  the  committee  of  conference,  further  proceed- 
ings on  Governor  Clinton's  communications  should  be  postponed 
until  that  committee  should  report.  Of  the  views  of  Congress 
at  this  time,  upon  the  controversy  between  New  York  and  Ver- 
mont, Jay,  in  a  letter  to  Clinton,  observed ; — "  The  majority  of 
the  house  have  proper  ideas  on  the  subject,  and  we  flatter  our- 
selves that  it  will  terminate  right."  Clinton  received  the  reso- 
lutions of  the  16th  on  the  23d,  and  immediately  informed  the 
New  York  delegation,  that  in  consequence  of  the  measures 
adopted  by  Congress,  he  should  defer  convening  the  Legislature 
until  the  beginning  of  August.     He  further  remarked  that  this 

*  George  Clinton  Papers,  in  K  Y.  State  Lib.,  vol.  viii.  doc,  289'7. 


356  HISTORY   OF   EASTERN   VERMONT.  [IT TO. 

delay  would  give  tlie  committee  an  opportunity  to  report,  and 
at  the  same  time  would  not  prevent  liim,  in  his  official  capacity, 
from  making  such  arrangements  for  supporting  the  authority  of 
the  state  as  circumstances  might  require.* 

Notwithstandino:  the  excitement  which  had  followed  the 
attempt  to  seize  the  property  of  those  who  had  refused  to  act 
in  the  service  of  Vermont,  Chittenden  proceeded  on  the  11th 
of  June  again  to  draft  men,  and  did  not  fail  to  include  the 
southern  part  of  Cumberland  county  m  the  district  from  which 
levies  were  to  be  raised.  In  obedience  to  his  orders,  one  of  the 
officers  of  Vermont  informed  Benjamin  Jones  Jr.,  and  John 
Kathan  of  Fulham,  on  the  ITth,  that  they  were  required  to  do 
military  duty.  On  their  refusal  to  comply,  being  subjects  of 
Hfew  York,  the  officer  took  a  cow  from  each,  and  sold  one  of 
them  by  auction,  and  retained  the  other  for  the  use  of  the 
state.f  On  the  21st,  a  party  of  Vermonters,  acting  under  the 
same  authority,  seized  a  heifer  belonging  to  Ezra  Robinson  of 
Fulham,  and  without  notifying  to  the  owner  the  time  and  place 
of  the  sale,  disposed  of  the  projDerty  at  vendue.  On  the  same 
day  an  officer  who  had  been  directed  to  demand  the  services  of 
Ephraim  Kice  of  Fulham  as  a  soldier,  called  at  his  house 
accompanied  by  five  men.  Rice  refused  either  to  serve,  or  to 
pay  one  half  the  amount  required  to  engage  a  substitute. 
Thereupon  the  officer  took  possession  of  a  cow  and  a  heifer,  the 
value  of  which  was  nearly  twice  the  amount  necessary  to  dis- 
charge the  obligation,  and  sold  them  under  the  hammer  with- 
out public  notice  of  the  time  or  place  of  the  sale. 

While  matters  were  in  this  condition.  Dr.  Witherspoon  and 
Col.  Atlee,  two  of  the  members  of  the  committee  of  conference, 
arrived  at  Bennington,  and  held  an  interview  with  Chittenden 
and  others  concerned  in  the  government  of  the  state.  On  the 
23d,  the  two  members  wrote  to  Samuel  Minott,  informing  him 
of  the  object  of  their  visit,  and  of  the  results  which  they  lioj)ed 
to  achieve.  Tliey  expressed  a  hope  that  by  the  interposition 
of  Congress,  there  would  be  in  a  short  time  a  happy  accommo- 
dation of  all  differences,  and  stated  that  they  had  for  the  pre- 


*  Doc.  Hist.  N.  Y.  iv.  976-9*78.  Papers  relating  to  Vt.  Controversy,  in  office 
Sec.  State  N.  Y.,  pp.  21,  22. 

I  On  the  23d  of  July  following,  the  "inclosed  wood"  of  John  Kathan  was 
entered,  and  "  about  three  loads  of  hay"  were  removed,  and  appropriated  to  the 
use  of  the  state  of  Vermont.  George  Clinton  Papers,  in  N.  Y.  State  Lib.,  vol. 
viii.  doc.  2462. 


ITTO.]  SENTIMENTS    OF   GOV.    CHITTENDEN.  357 

sent  obtained  a  promise  from  Governor  Chittenden,  that  the 
subjects  of  Kew  York  resident  in  Cumberland  county,  should 
not  be  molested  until  a  final  settlement  of  existing  difierences 
should  be  effected.  In  view  of  these  considerations,  the  com- 
mittee recommended  to  Mr.  Minott  to  counsel  those  whom  he 
represented,  to  raise  their  full  proportion  of  men,  whenever  the 
services  of  the  people  of  Vermont  were  required  either  by  the 
rulers  of  that  state,  or  by  continental  officers.  By  following 
this  advice,  the  Yorkers  would  neitlier  acknowledge  the 
authority  of  Yermont,  nor  disavow  allegiance  to  New  York, 
Such  a  course  would  also  remove  all  imputations  of  disaffection 
to  the  cause  of  the  United  States,  and  would  aid  effectually  in 
advancing  the  measures  of  pacification  which  were  then  on 
foot.* 

In  a  letter  of  the  same  date  to  a  friend  in  Cumberland 
county.  Governor  Chittenden  advanced  similar  sentiments. 
Referring  to  the  late  refusal  of  some  of  the  inhabitants  of  that 
county  to  serve  in  the  Yennont  militia,  he  expressed  his  regret 
that  "  a  second  insurrection  and  open  violation  of  the  authority" 
of  Yermont,  and  of  the  United  States  had  occurred,  and  that 
"  private  difficulties  should  in  the  least  impede"  a  general 
union  in  defence  of  the  liberties  of  America.  Owing  to  the 
urgent  necessity  of  securing  the  frontiers  from  depredation,  he 
entertained  no  doubt  that  the  inhabitants  of  Cumberland  county 
would  readily  assist  in  that  service.  So  long  as  they  should  con- 
tinue to  do  their  proportion  in  the  present  war,  and  the  ques- 
tion of  jurisdiction  should  remain  undetermined,  he  recom- 
mended the  suspension  of  all  prosecutions  against  those  who 
acknowledged  themselves  subjects  of  the  state  of  Xew  York.f 

To  obtain  the  information  concerning  Yermont  desired  by 
Congress,  the  committee  of  conference  propounded  a  number  of 
written  queries  to  Governor  Chittenden  on  the  24th.  To  these 
he  returned  written  replies.  Tlie  sentiments  entertained  by  the 
government  of  Yermont  towards  that  of  I^ew  York  and  of  the 
United  States,  became  in  this  manner  more  fully  known,  and 
enabled  Congress  to  ascertain  with  greater  accuracy  the 
strength  of  the  position  which  Yermont  had  taken.  Tlie 
reasons  assigned  by  Chittenden  for  the  seizure  of  cattle  in  the 
preceding  month,  were  the  same  that  had  been  alleged  at  the 
time  of  the  transaction.     In  answer  to  the  main  question  of  the 

*  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  N.  Y.,  p.  23. 
■j-  Papers  relating  to  Yt.  Controversy  in  office  Sec.  State  N.  Y.,  p.  24. 


353  HISTOEY   OF   EASTERN   VEEMONT.  [1779. 

committee,  whether  the  people  of  the  new  state  would  be 
willing  to  refer  the  final  decision  of  the  question  of  jui-isdiction 
to  the  Congress  of  the  United  States,  Chittenden  answered  that 
he  believed  he  had  the  warrant  of  his  constituents  in  saying, 
that  "they  would  think  themselves  happy"  in  submitting  to 
the  arbitration  proposed,  provided  the  privileges  granted  to 
Vermont  in  supporting  her  cause  were  equal  to  those  granted 
to  ISTew  York,  and  on  the  further  condition  that  the  people  of 
the  former  state  should  be  permitted  to  reserve  to  themselves 
in  the  trial  all  the  "rights,  privileges,  immunities,  and  advan- 
tages," which  they  might  possess  by  any  former  power,  grants, 
or  jurisdiction.* 

Witherspoon  and  Atlee,  having  accomplished  their  mission 
to  their  own  satisfaction,  set  out  for  Albany  without  waiting  for 
the  arrival  of  their  colleagues.  Meantime,  Governor  Chitten- 
den having  been  informed  that  the  cattle  which  had  been  taken 
from  the  Yorkers,  had  been  sold  in  consequence  of  his  orders 
of  the  11th  inst.,  transmitted  the  intelligence,  on  the  27th,  to 
the  Congressmen  with  whom  he  had  so  lately  held  conference. 
Li  his  letter  he  assured  them  that  the  seizure  and  sale  were 
wholly  the  result  of  the  refusal  of  some  of  the  citizens  of 
Cumberland  county  to  contribute  their  proportion  in  support 
of  the  war,  and  could  not,  therefore,  prejudice  his  attempts  to 
eifect  a  reconciliation.  He  also  informed  them  that  Mr.  Root, 
and  Mr.  Ellsworth,  two  of  the  other  three  members  of  the  con- 
ference committee,  were  then  within  a  few  miles  of  Bennington. 
So  anxious  was  he  to  insure  the  safe  delivery  of  his  communi- 
cation, that  he  sent  it  by  the  hands  of  a  special  messenger.  In 
their  reply,  the  committee  manifested  great  concern  lest  this 
last  disturbance  should  be  the  means  of  defeating  the  measures 
for  a  reconciliation  which  had  been  agreed  on.  Although 
unwilling  to  regard  it  as  "  a  breach  of  the  agreement,"  yet  they 
did  not  hesitate  to  inform  Mr.  Chittenden  that  all  hopes  of  a 
peaceful  settlement  would  be  frustrated,  unless  proceedings  of 
this  nature  were  discountenanced  and  forbidden,  and  restitu- 
tion made  to  those  whose  property  had  been  taken. 

On  their  return  to  Philadelphia,  Witherspoon  and  Atlee  pre- 
sented a  report  to  Congress  on  the  13th  of  July,  embracing  an 
account  of  the  manner  in  which  they  had  been  received  by  the 
new  state  men,  and  of  the  written  replies  which  they  hud 

*  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  K  Y.,  p.  25. 


ITtO.]  CONVENTION    OF   COMMITTEES.  359 

received  in  their  conference  witli  Governor  Cliittenden.  It 
does  not  appear  that  this  report  was  ever  accepted,  nor  could  it 
have  been  with  propriety,  since  it  was  presented  by  two  mem- 
bers of  the  committee  only,  while  three  was  the  smallest  num- 
ber authorized  to  act  officially.  As  far  as  this  mission  was 
intended  to  answer  the  purposes  of  those  who  proposed  it,  it 
was  a  failure.*  It  served,  however,  to  sustain  the  hopes  of  the 
new  state  party  and  to  give  them  fresh  zeal  in  their  efforts  to 
obtain  from  Congress  an  acknowledgment  of  Vermont  as  a  free 
and  independent  state.f 

On  the  23d  of  July,  the  committees  of  Hinsdale,  Guilford, 
Halifax,  Brattleborough,  Fulham,  Putney,  Westminster,  Rock- 
ingham, Springfield,  and  Weathersfield,  assembled  in  conven- 
tion at  the  house  of  Col.  Serjeants  in  Brattleborough  for  the  pur- 
pose of  concerting  measures  to  protect  themselves  and  their 
constituents  from  the  indignities  to  which  they  were  sub- 
jected by  the  authorities  of  Yermont,  Samuel  Minott  being- 
chairman  and  Micali  Townsend  clerk,  a  petition  was  prepared, 
addressed  "  to  the  honorable  the  Congress  of  the  United  States 
of  America,"  in  which  the  disputes  concerning  the  jurisdiction 
of  the  l^ew  Hampshire  Grants  were  reviewed,  and  the  conduct 
of  those  concerned  in  them,  noticed.  In  opposition  to  the 
attempts  of  those  who  desired  to  establish  Vermont  as  a  sepa- 
rate and  independent  state,  the  petitioners  stated  that  a  majority 
in  several,  and  a  respectable  minority  in  other  towns  in  Cum- 
berland county,  including  men  of  the  best  character  and  estates, 
were  of  the  opinion  that  the  settlement  made  by  the  king  of 
Great  Britain  in  the  year  1764  was  still  binding  and  would  so 
remain  until  Congress  should  determine  otherwise.  Announ- 
cing this  as  their  own  belief  they  declared  that  they  had  refused 
to  join  in  the  "unprovoked  and  unreasonable"  revolt  from 
Kew  York,  choosing  rather  to  suffer  the  inconveniences  which 
would  attend  their  loyalty  than  to  join  in  an  internal  revolu- 
tion whose  consequences  would  tell  so  fatally  upon  the  common 

*  During  three  or  four  months  succeeding  the  visit  of  the  congressional  comniittee 
of  conference,  it  is  probable  that  the  laws  of  Vermont  were  not  strenuously  enforced 
against  the  Yorkers.  In  the  orders  of  Col.  Samuel  Fletcher  to  Capt.  Jesse  Burk 
of  Westminster,  dated  at  Townshend  on  the  2d  of  August,  1'7'79,  Burk  is  directed 
''to  call  upon  those  called  Yorkers"  to  contribute  their  proportion  in  hiring  a 
man  to  do  military  duty,  "but  not  to  proceed  in  law  against  them  in  case  of 
refusal  at  this  time."  George  Clinton  Papers,  in  K  Y.  State  Lib.,  vol.  viii, 
doc.  2466. 

f  Various  MSS.  Doc.  Hist.  N.  Y.,  vi.  9Y8,  979.     Journals  Am.  Cong.  iii.  322. 


360  HISTORY    OF    EASTERN    VERMONT.  [1779. 

cause  of  America.  Heferriug  to  the  cruel  activity  which  had 
been  evinced  towards  them  by  the  "  usurped  government,"  and 
to  the  proscriptive  and  bloody  enactments  which  the  Legisla- 
ture of  Yermont  had  seen  proper  to  pass,  in  order  to  hold  them 
in  subjection,  they  besought  Congress — by  the  "  complete 
anarchy  "  under  which  they  had  long  suffered,  by  the  imputa- 
tions to  which  they  were  continually  exposed  of  being  branded 
as  Tories  on  account  of  their  refusal  to  obey  the  laws  of  Yer- 
mont, and  by  the  respect  due  the  articles  of  confederation, 
whose  words  were  intended  as  emblems  of  the  protection  which 
would  be  afforded  to  each  of  the  United  States — to  adopt  such 
measures  as  should  restore  rights  to  those  who  had  been 
deprived  of  them  by  violence,  and  ensure  peace  to  a  distracted 
people.* 

At  the  same  convention,  a  letter  was  prepared  for  Governor 
Clinton,  more  particular  in  its  details  of  the  situation  of  affairs, 
and  more  desponding  in  its  tone,  than  any  which  had  preceded 
it.  In  this  communication  Samuel  Minott,  in  behalf  of  his  asso- 
ciates, recounted  the  services  which  they  had  rendered,  and 
referred  with  regret  to  the  little  good  which  had  been  thereby 
accomplished.  He  stated  that  a  number  of  the  inhabitants  of 
Cumberland  county,  influenced  by  principles  of  duty  and  affec- 
tion towards  the  state  of  Kew  York,  and  opposed  to  the  exer- 
cise of  an  authority  which  they  deemed  usurped,  had,  since  the 
beginning  of  the  year  1778,  chosen  committees  to  conduct  their 
opposition  ;  that  they  had  held  frequent  meetings  for  the  pur- 
pose of  preserving  and  increasing  the  interest  on  this  subject, 
and  had  often  addressed  his  Excellency  in  relation  to  its  import- 
ance ;  that  this  attachment  had  subj  ected  some  of  them  to  fines, 
imprisonment,  and  the  partial  loss  of  their  estates ;  and  that  the 
state  of  anarchy  which  they  had  been  compelled  to  endure  had 
been  to  them  a  constant  source  of  trouble  and  disquiet.  "  We 
suffered  aU  with  patience  and  cheerfulness,"  continued  the 
writer,  "  hoping  that  Congress  would  at  length  interfere  and  do 
justice  to  the  state  of  New  York,  by  recommending  to  the  re- 
volted to  return  to  their  allegiance  and  use  their  influence  to 
quiet  the  disorders.  And  when  the  violent  measures  of  Yer- 
mont had  attracted  the  notice  of  Congress,  and  threatened 
to  disturb  the  peace  of  the  continent,  we  rejoiced  at  what  had 

*  Doc.  Hist.  N.  Y.,  iv.  981-987.  Papers  relating  to  Vt.  Controversy,  in  ofl5ce 
Sec.  (State  N.  Y.,  p.  26. 


1779.]     PETiTiox  srBMirn:D  to  xew  toek  legislattiee.       361 

occasioned  Congress  to  attend  to  our  difficulties,  though  other- 
wise distressing.  But  -when  we  are  convinced  that  those  from 
whom  we  expected  relief,  by  public  recommendations  and  pri- 
vate advice,  countenance  what  we  before  thought  was  rebellion ; 
and  instead  of  supporting  the  jurisdiction  of  New  York,  advise 
its  subjects  to  a  temporary  submission  to  Vermont,  and,  as  we  are 
informed,  the  officers  of  Vermont  how  to  conduct  the  opposition 
to  New  York,  we  are  discouraged,  and  think  it  needless  for  us 
to  spend  our  time  and  money,  and  perhaps  subject  om'selves  to 
trials  for  treason,  on  account  of  our  duty  to  the  state.  As  to 
their  future  conduct,  he  assured  the  Governor  that  the  county 
committee  were  to  convene  on  the  return  of  their  representa- 
tives from  the  Assembly  of  New  York,  and  would  then  dissolve 
and  submit  "  to  the  powers  that  are,"  imless  it  should  appear 
that  the  state  had  determined  to  assert  and  support  its  jurisdic- 
tion. Amid  all  these  discouragements,  he  did  not  fail  to  declare 
his  belief  that  the  rights  of  New  York  could  be  maintained  on 
the  "  Grants.''  In  closing,  he  acknowledged  with  great  courtesy 
the  attentions  which  his  Excellency  had  paid  to  the  distresses 
of  his  constituents,  and  expressed  gratitude  for  the  efforts  which 
he  had  made  to  restore  peace  to  an  unhappy  country."* 

Before  presenting  the  petition  to  Congress,  the  convention 
'determined  to  submit.it  to  the  New  York  Legislature,  and  ob- 
tain their  views  concerning  its  sentiments  and  propositions.  It 
was  accordingly  placed  in  the  charge  of  Charles  Phelps,  who 
was  instructed  to  carry  it  to  Kingston.  Tlience  he  was  to  take 
it  to  Philadelphia,  provided  the  Legislature  should  agree  to  bear 
his  expenses.  The  representatives  in  the  New  York  Assembly 
from  Cumbei-land  county  at  this  time,  were  Micah  Townsend, 
Elkanah  Day,  and  John  Sessions.  Tlie  petition  was  brought  in 
by  Mr.  Townsend  on  the  25th  of  August ;  and,  its  object  having 
been  fully  explained,  the  House  signified  their  approbation  of 
the  course  which  it  recommended  by  the  following  preamble 
and  resolutions : — 

"Whereas,  the  inhabitants  of  the  towns  of  Hinsdale,  Guil- 
ford,  Halifax,  Brattleborough,  Fulham,  Putney,  Westminster, 
Eockingham,  Springfield,  and  Weathersfield,  in  the  county  of 
Cumberland,  are  immediately  and  greatly  affected  by  the  dis- 
orders prevailing  in  the  north-eastern  parts  of  the  state  ;  have 
suffered  exceedingly  by  their  attachment  to  this  state,  and  oppo- 

*  George  Clinton  Papers,  in  K  Y.  State  Lib ,  vol  viii.  doc.  2448. 


362  HISTORY   OF   EASTERN   VERMONT.  [1779. 

sition  to  the  authority  of  the  pretended  state  of  Yeriiiout ;  may 
be  presumed  to  be  pecuKarly  anxious  for  the  restoration  of  order 
and  good  government ;  and  under  these  circumstances,  are  enti- 
tled to  great  indulgence  and  attention.  And,  whereas,  the  Le- 
gislature are  disposed  to  attempt  every  measure,  which  may 
have  even  the  most  remote  tendency  to  peace  and  accommoda- 
tion : 

"  Eesolved,  therefore,  that  for  the  above  reasons,  this  House 
do  consent  that  the  petition  of  the  inhabitants  of  the  said  towns, 
signed  by  Samuel  Minott,  and  bearing  date  the  23d  of  July  last, 
be  presented  to  Congress. 

"  Eesolved,  that  the  Legislature  will  provide  for  the  expense 
of  the  journey  of  Charles  Phelps,  Esq.,  appointed  by  the  inha- 
bitants of  said  towns,  to  present  the  said  petition. 

"  Ordered,  that  Mr.  Jay  and  Mr.  F.  Bancker,  carry  the  said 
petition,  together  with  a  copy  of  the  above  resolutions,  to  the 
Honorable  the  Senate,  and  request  their  concurrence  in  the  said 
resolutions." 

.  The  petition  was  read  in  the  Senate  on  the  26th.  The  action 
of  the  Assembly  was  approved  of,  and  the  same  preamble  and 
resolutions  were  adopted  as  an  expression  of  the  views  of  the 
upper  house.  While  these  measures  were  in  progress.  Governor 
Clinton  had  addressed  a  message  to  the  Legislature  on  the  25th,' 
in  which  he  had  referred  to  the  "  disturbances  in  the  north- 
eastern counties"  of  the  state,  and  to  the  necessity  of  subduing 
to  submission,  those  who  had  excited  them.  Tlie  theme  sug- 
gested was  taken  into  consideration  on  the  26th  by  a  joint  com- 
mittee from  the  two  houses,  who  reported  a  draft  of  instructions 
for  the  benefit  of  the  New  York  delegation  in  Congress.  The 
report  was  agreed  to  by  the  Senate  on  the  same  day,  and  on  the 
27tli  was  concurred  in  by  the  Assembly.  Tliese  instructions, 
together  with  the  documents  emanating  from  Cumberland  coim- 
ty  previously  mentioned,  were  intrusted  to  Phelps,  who  soon 
after  left  Kingston  for  Philadelphia.* 

While  the  Legislature  of  New  York  and  the  citizens  of  that 
state  in  Cumberland  county,  were  engaged  in  endeavoring  to 
induce  Congress  to  adopt  measures  which  should  put  a  period 
to  the  dangers  by  which  they  were  threatened.  Governor  Chit- 
tenden was  not  idle.     Li  a  letter  addressed  by  him  to  President 

*  N.  Y.  Assembly  Journals,  N.  Y.  Senate  Journals.  Doc.  Hist.  N.  Y.,  iii.  987- 
992.     Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  N.  Y.,  p.  27. 


1779.]  S-ENTIMENTS   OF   GOV.    CHITTENDEN.  363 

Jay  on  the  5tli  of  August,  he  maintained  the  right  of  the  new 
state  to  a  separate  and  independent  jurisdiction,  and  stated  in 
plain  but  forcible  terms,  the  reasons  which  had  induced  the 
late  seemingly  severe  conduct  on  the  part  of  Vermont  towards 
the  New  York  adherents.  He  denounced  the  action  that  Con- 
gress had  taken  in  their  resolves  of  the  16th  of  June  previous, 
and  declared  that  the  authority  of  Vermont  had  been  "im- 
])eached  and  censured"  by  them,  before  the  "  facts  and  circum- 
stances in  the  case  could  have  been  particularly  known."  The 
punishment  which  those  acting  undai"  New  York  authority  had 
received,  was  owing,  he  remarked,  to  a  "  high-handed  breach  of 
the  peace,"  of  which  they  had  been  guilty,  and  he  further  stated 
that  their  liberation  had  been  eifected  previous  to  the  passage 
of  the  resolves  referred  to.  Tlie  full  meed  of  praise  was  given 
to  the  valor  and  patriotism  of  the  Green  Mountain  Boys. 
Tlieir  readiness  to  engage  in  the  scenes  of  war,  and  to  bear 
their  proportion  not  only  of  the  labor  but  of  the  expense  also, 
received  special  comment.  Notwithstanding  the  declaration 
of  the  inhabitants  of  the  southern  part  of  Cumberland  county, 
tliat  they  were  the  warm  friends  and  firm  supporters  of  the 
cause  of  the  United  States,  the  Governor  asserted  that  many  of 
tliem  who  were  able-bodied  and  effective,  had  taken  advantage 
of  the  disputes  between  New  York  and  Vermont,  "  to  screen 
themselves  from  service,"  and  had  refused  to  comply  with  the 
appeals  which  had  been  frequently  made  to  them  for  their 
quota  of  men  and  money  to  furnish  defence  for  their  own  fron- 
tiers. The  whole  tenor  of  this  letter  bore  evidence  to  the  inten- 
tion of  the  writer  and  his  friends,  to  maintain,  at  all  hazards, 
the  independence  of  Vermont  as  a  separate  state. 

On  his  arrival  in  Philadelphia,  Phelps,  not  satisfied  with 
delivering  the  documents  of  which  he  was  the  bearer,  used  his 
exertions  to  interest  such  members  of  Congress  as  he  could 
approach,  in  behalf  of  the  measures  advocated  by  the  New 
York  delegation.  While  engaged  in  these  attempts,  he  kept 
the  Legislature,  at  whose  expense  he  was  then  supported,  well 
informed  of  the  temper  of  Congress,  and  of  the  opinions  which 
were  entertained  by  the  members  on  the  subject  of  the  con- 
troversy. Some  of  them,  he  stated  in  his  letter  of  the  21st  of 
September,  were  satisfied  with  the  manner  in  which  New  York 
had  borne  with  those  Avho  had  maltreated  her  subjects,  and  were 
of  opinion  that  it  was  "  high  time"  to  put  an  end  to  the  juris- 
diction of  Vermont.     At  the  same  time  he  did  not  conceal 


364:  HISTORY   OF   EASTERN   VERMONT.  [1779. 

the  fact,  that  there  were  others  who  would  be  glad  to  see  Ver- 
mont established  as  a  separate  state.  After  numerous  delays 
the  subject  of  the  controvei-sy  was  taken  up  by  Congress  on  the 
24th  of  September,  and  several  resolutions  were  adopted  pre- 
paratory to  the  final  disposal  of  the  matter.  The  committee 
of  conference,  who  had  been  appointed  in  the  month  of  June 
previous,  a  majority  of  whom,  as  it  was  declared,  had  never 
met  in  the  district  to  which  they  were  sent,  and,  therefore,  had 
never  executed  the  business  committed  to  them,  or  made  a 
regular  report  thereon  to  Congress — this  committee  were  dis- 
charged from  further  service.* 

To  the  states  of  New  Hampshire,  Massachusetts,  and  New 
York,  the  passage  of  laws  expressly  authorizing  Congress  "  to 
hear  and  determine  all  diiferences  between  them,  relative  to 
their  respective  boundaries,  in  the  mode  prescribed  by  the 
articles  of  confederation,"  was  earnestly  recommended.  To  the 
same  states  the  passage  of  similar  laws  was  also  recommended, 
concerning  the  settlement  of  disputes  between  them  and  the 
inhabitants  of  the  "  Grants."  Congress  also  asked  for  authority 
to  adjudge  all  differences  subsisting  between  the  grantees  of  the 
states  named  with  one  another,  or  between  either  of  the  states, 
respecting  title  to  lands  lying  within  the  "  Grants."  In  case 
this  power  was  granted  by  the  states  concerned,  Congress 
pledged  their  faith  to  carry  into  execution  the  decision  they 
should  make,  whatever  it  might  be,  in  order  that  permanent 
concord  and  harmony  might  be  established,  and  all  cause  of 
uneasiness  removed.  The  first  day  of  February,  1780,  was 
fixed  upon  as  the  time  when  Congress  would  hear  the  argu- 
ments of  the  different  parties.  As  to  the  manner  of  voting,  it 
was  expressly  stated  that  neither  of  the  states  interested  in  the 
controversy  should  vote  on  any  question  relative  to  its  decision. 
Until  this  reference  was  had,  Congress  declared  it  the  duty  of 
the  people  on  the  "  Grants,"  who  denied  the  jurisdiction  of  the 
states  before  mentioned,  to  abstain  from  exercising  any  power 
over  any  of  their  neighbors  who  professed  allegiance  to  any  or 
either  of  the  interested  states.  They  further  declared  it  to  be 
incumbent  on  New  York,  New  Hampshire,  and  Massachusetts 
respectively,  to  suspend  the  execution  of  their  laws  over  the 
inhabitants  of  the  "  Grants,"  except  in  the  case  of  those  who 
acknowledged  the  jurisdiction  of  any  one  of  these  states.     In 

*  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  N.  Y.,  p.  29. 


1779.]  EESOLVES   OF   CONGRESS.  365 

defining  the  limits  of  that  district  for  which  a  separate  and 
independent  jurisdiction  was  claimed,  they  resolved  that  none 
of  the  towns  either  on  the  east  or  west  side  of  Connecticut  river 
should  be  considered  as  included  within  it,  those  being  excepted 
which  had  heretofore  actually  joined  in  denying  the  jurisdic- 
tion of  the  states  before  named,  and  had  assumed  a  separate 
jurisdiction  under  the  name  of  the  state  of  Yermont.  They 
also  gave  it  as  their  opinion  that  no  unappropriated  lands  or 
estates  lying  in  this  newly  named  district,  which  had  been  or 
might  be  adjudged,  forfeited,  or  confiscated,  ought  to  be  granted 
or  sold,  until  the  final  decision  of  Congress  should  be  made 
known.  Tlie  inhabitants  of  Yermont  were  especially  desired 
to  abstain  from  all  hostile  action,  and  to  this  end  it  was  recom- 
mended to  them  to  cultivate  harmony  and  concord  among 
themselves,  to  forbear  "vexing  each  other  at  law,"  and  to 
"give  as  little  occasion  as  possible  for  the  interposition  of 
magistrates."  By  these  resolutions  it  was  proposed,  that  the 
power  of  deciding  the  controversy  should  rest  with  Congress. 
On  the  2d  of  October,  it  was  proposed  that  this  power  should 
be  vested  in  "  commissioners  or  judges,"  to  be  appointed  in 
the  mode  prescribed  by  the  ninth  article  of  the  confedera- 
tion. 

This  programme  of  the  course  which  Congress  intended  to 
pursue,  was  immediately  transmitted  to  all  the  parties  interest- 
ed, with  a  request  that  they  would  conform  to  its  provisions. 
In  compliance  with  this  application,  resolutions  were  passed^and 
agents  were  appointed  by  Kew  York,  on  the  21st  of  October. 
On  the  same  day,  the  General  Assembly  of  Yermont  elected 
delegates  to  appear  at  Congress  to  vindicate  the  right  of  that 
state  to  independence,  and  to  agree  upon  articles  of  union  and 
confederation.  Massachusetts,  although  she  did  not  choose 
agents  to  represent  her  in  the  ajDproaching  conference,  avowed 
her  right  to  a  portion  of  the  controverted  territory,  notwith- 
standing the  agreements  which  had  been  previously  made,  by 
which  she  had  been  excluded  from  participation.  The  resolves 
of  Congress  were  approved  of  in  ISTew  Hampshire,  and  delegates 
were  chosen  on  the  17th  of  November,  to  present  and  defend 
the  claims  of  that  state  at  the  time  appointed.  The  j)ower  of 
deciding  the  unhappy  disputes  which  had  caused  so  much  per- 
sonal and  political  animosity,  was  now  in  the  hands  of  a  tribu- 
nal which  commanded  the  respect  of  the  appealing  states.  To 
its  decision,  not  only  the  parties  concerned,  but  all  the  states  in 


366  HISTOEY   OF   EASTERN   VERMONT.  [1779. 

the  confederacy  looked  forward  with  an  interest  commensurate 
with  the  importance  of  the  results  which  were  to  follow.* 

*  Doe.  Hist.  N.  Y.,  iv.  992-1000.  Journals  Am.  Cong.,  iii.  350,  363,  365-367, 
371.  Blade's  Vt.  State  Papers,  pp.  110-115.  Papers  relating  to  Vt.  Controver- 
sy, in  office  Sec.  State  N.  Y.,  p.  80.  Laws  of  N.  Y.,  in  office  Sec.  State  K  Y., 
1777-1789. 


CHAPTEE  XIY. 


CONTINUATION  OF  THE  DISPUTE.      THE  BUENING  OF  KOTALTON. 

Representatives  from  Cumberland  county  in  the  New  York  Assembly — Guilford- 
ite  Yorkers — Elections  held  by  order  of  New  York — Micah  Townsend's  Letter 
to  Gov.  Clinton — Convention  of  Committees  at  Brattleborough — Samuel  Minott 
to  Clinton — Charles  Phelps  refuses  to  serve  in  the  Vermont  Militia — He  and  his 
son  Timothy  are  fined — Second  Convention  of  the  Committees — Major  Jonathan 
Hunt  sent  to  Philadelphia — Action  of  Congress — attempts  of  Vermont  to  efi'ect 
a  Settlement  with  the  Yorkers — Petition  of  Inhabitants  of  Cimaberland  county 
to  the  New  York  Legislature — Gov.  Clinton's  Letter  to  Samuel  Minott — Josiah 
Bigelow  and  Peter  Briggs,  the  contumacious  Yorkers — Col.  Patterson's  attempts 
to  enlist  Soldiers — Suspicions  concerning  the  loyalty  of  Vermont  to  the  Ameri- 
can cause — Gov.  Clinton's  opinion — Hearing  before  Congress  of  the  Claims  to 
the  "  Grants" — Incursion  of  the  Indians  at  Barnard  and  Bethel — Fort  Defiance 
built — The  British  and  Indians  plan  an  attack  on  Newbury — Are  diverted  from 
their  object — They  attack  Royalton — Sufi^erings  of  the  Havens  family — Adven- 
tures of  Gen.  Elias  Stevens  and  Capt.  John  Parkhurst — Escape  of  the  Rix  family 
— Heroic  conduct  of  Gen.  Stevens — Various  incidents  connected  with  the  cap- 
ture of  the  Inhabitants — Col.  John  House  and  his  men  pursue  the  Enemy — The 
Fight— The  Threat  of  the  Indians— Their  Flight— Fate  of  the  Captives— Opi- 
nions concerning  the  conduct  of  Col.  House — Review  of  the  Losses — Incidents 
connected  with  the  Inroad — The  Exploits  of  Mrs.  Hendee — The  Alarm  at  Brook- 
line — The  Flight  of  the  People — The  Burning  Brush-heaps  at  Newfane — Prepa. 
rations  for  Defence — The  gathering  of  the  Soldiery — The  Calmness  of  Noah  Sa- 
bin  Sen.  misinterpreted — Explanation  of  the  Alarm. 

During  tlie  winter  of  17Y9, 1Y80,  and  the  spring  of  the  latter  year, 
various  attempts  were  made  to  obtain  from  Congress  a  decision 
of  the  controverted  question  of  jurisdiction  which  continued  to 
harass  the  people  of  New  York  and  cramp  the  energies  of  the  in- 
habitants of  Vermont.  The  attention  of  Congress  was  so  much 
occupied  in  furthering  the  general  welfare  of  the  Union,  that  the 
jDoints  of  difference  between  the  contending  parties,  were  allow- 
ed to  remain  undecided.  Meantime,  Cumberland  county  was  re- 
presented in  the  Legislature  of  New  York  by  Micah  To wnsend  of 
Brattleborough  and  Elkanah  Day  of  Westminster.  The  former 
occupied  his  seat  from  the  middle  of  August,  1779,  to  the  middle 


368  HISTORY    OF   EASTEEN   VEEMONT.  [1780. 

of  March,  1780,  and  was  indefatigable  in  his  endeavors  to  assist 
the  inhabitants  of  Cumberland  county.  The  latter  was  present  for 
a  few  days  only,  at  the  beginning  of  the  session ;  and,  whether 
governed  by  choice  or  necessity,  did  but  little  to  advance  the 
interests  of  his  constituents. 

In  a  few  of  the  towns  in  the  county,  the  Yorkers  continued 
to  assert  their  rights,  and  did  not  scruple  to  punish  those  whom 
they  deemed  guilty  of  crime.  Some  time  in  the  month  of  Fe- 
bruary, 1780,  Henry  Sherburn  and  Timothy  Root,  inhabitants  of 
Guilford,  and  supporters  of  New  York  authority,  "  arrogated  to 
themselves"  the  power  of  acting  as  judges  in  a  case  between 
Ephraim  Nichols  and  Henry  Hix.  Sherburn  administered 
oaths,  took  the  evidence  in  due  form,  and,  in  conclusion,  he  and 
Hoot  decreed  Hix  guilty,  and  awarded  to  him,  as  a  suitable 
punishment,  fifteen  stripes  on  his  naked  back.  It  is  stated  that 
"  Job  Whitney  laid  them  on."  But  the  Guilfordite  Yorkers 
were  not  content  with  partially  establishing  the  jurisdiction  of 
the  state  to  which  the}''  owed  allegiance.  They  aimed  to  be  the 
sole  rulers  within  their  owm  town.  They  were  jealous  of  rivals, 
and  of  those  who  seemed  to  be  aiming  at  that  condition.  It 
was  this  sentiment  which,  on  the  6th  of  May,  brought  Hezekiah 
Stowell,  Asa  Rice,  Phineas  Rice,  and  Micali  Rice,  headed  by 
the  before-named  Sherburn,  to  the  house  of  Levi  Goodenough 
Jr.,  who,  by  the  authority  of  the  people  of  "  the  independent 
state  of  Yermont"  was  holding  a  court,  and  at  the  time  of  the 
visit,  was  busied  in  the  trial  of  a  criminal.  On  this  occasion, 
Sherburn  evinced  higher  powers  of  magistracy,  foi*,  by  his  or- 
ders, Goodenough  was  forbidden  to  proceed  with  the  trial,  the 
court  was  broken  up,  the  criminal  was  ordered  home,  and  the 
authority  of  Vermont  was  defied. 

Circumstances  like  these  served  to  awaken  in  the  minds  of 
the  Yorkers  the  hope  that  they  might  be  successful  in  establish- 
ing what  they  regarded  as  the  rightful  jurisdiction.  In  several 
towns  they  attempted  to  exercise  the  right  of  suifrage,  at  the 
spring  elections  which  had  been  ordered  by  New  York.  Simeon 
Edwards,  a  valiant  citizen  of  Guilford,  "  signed  and  posted  up 
a  warrant  in  the  name  of  the  sheriif,"  requiring  the  people  of 
the  town  to  assemble  and  elect  a  Governor  and  other  civil  ofli- 
cers  for  the  state  of  New  York.  In  obedience  to  this  call,  those 
of  the  inhabitants  wdio  regarded  the  warrant  as  legal  assembled, 
and  an  election  was  held.  In  other  places  the  supporters  of 
the  new  state,  tore  down  the  notifications  and  threatened  all 


1780.]  OPINIONS  OF   THE   PEOPLE.  369 

who  should  concern  themselves  in  New  York  elections  with 
prosecutions.  When  the  people  met  at  Putney  to  vote,  the 
Vermonters  appeared  in  force,  and,  by  their  authoritative  and 
menacing  manner,  put  an  end  to  the  voting.  Conduct  similar 
to  this  in  other  towns  deterred  many  of  the  more  timorous 
friends  of  ]^ew  York  from  declaring  their  sentiments.  The 
election  was  regarded  by  all  as  a  failure.  It  did  not  express 
even  the  little  strength  which  was  to  be  found  in  the  itmks  of 
the  minority. 

On  the  10th  of  April,  after  his  return  home  from  the  session 
of  the  Kew  York  Legislature,  Micah  Townsend  wrote  to  Go- 
vernor Clinton  informing  him  of  the  sentiments  which  were 
entertained  concerning  the  controversy,  by  the  various  classes 
of  people  with  whom  he  w^as  brought  in  contact.  For  three 
years  had  the  loyal  subjects  of  New  York  awaited  the  decision 
of  Congress  respecting  the  recognition  of  Yennont  as  a  sepa- 
rate state.  To  the  February  just  passed  they  had  looked  for- 
ward with  the  hope  that  this  important  question  would  then  be 
settled.  Their  agents  had,  however,  returned  from  Phila- 
delphia, and  the  most  encouraging  report  they  could  give,  was 
that  Congress  would  not  at  present  determine  the  dispute. 
Uneasiness,  "general  and  great,"  followed.  A  few  openly 
espoused  the  cause  of,  and  subscribed  the  oath  of  allegiance  to 
Vermont.  Many,  wavering  between  hope  and  fear,  began  to 
think  of  safety  in  "  an  agreement  with  the  ruhng  powers,"  as 
they  designated  the  government  of  Vermont.  Others,  resolving 
to  remain  true  to  the  jurisdiction  which  they  believed  just, 
continued  to  exhort  the  desponding  to  stand  firm  in  the  interest 
of  New  York,  until  Congress  should  have  leisure  to  view  the 
important  question  in  its  varied  bearings,  and  publish  a  decision 
which  should  prove  equitable  as  well  as  legal.  Meantime  the 
Vermont  Legislature  were  straining  every  nerve  to  increase 
their  power.  At  their  March  session  held  at  "Westminster  in 
the  present  year,  they  had  granted  large  quantities  of  land  to 
persons  residing  in  the  New  England  states,  and  had  appointed 
a  committee  of  three  to  confer  with  the  Yorkers  in  Cumber 
land  county.  The  men  chosen  to  manage  this  conference,  hav- 
ing lobbied  at  Congress,  had  become  skilled  in  the  arts  of 
insinuation,  and  fears  were  entertained  that  they  would  succeed 
in  misleading  those  who  had  not  much  to  gain  should  the 
authority  of  New  York  be  estabUshed,  but  who  had  every- 

24 


370  HISTORY    OF   EASTERN    VERMONT.  [1780. 

thing  to  lose   in   case   lier   claim   sliould  be   pronounced  in- 
valid.* 

For  the  purpose  of  ascertaining  the  political  condition  of 
Cumberland  county,  a  convention  of  those  owing  allegiance  to 
Xew  York  was  held  at  Brattleborough  on  the  11th  of  April. 
2n  ine  towns  were  represented.  However  satisfactory  the  delibe- 
rations on  this  occasion  might  have  been,  yet  the  letter  to  Go- 
vernor Clinton,  written  by  the  chairman  Samuel  Minott,  in 
behalf  of  the  convention,  was  not  of  a  character  to  inspire  hope, 
either  by  its  references  to  the  present,  or  by  its  estimates  of  the 
future.  After  mentioning  the  opinion  prevalent  among  the 
people,  that  Congress  would  pay  no  attention  to  the  settlement 
of  the  dispute  during  the  continuance  of  the  present  war,  Mr. 
Minott  reverted  to  the  transactions  in  which  he  and  his  asso- 
ciates had  been  engaged  in  support  of  the  jurisdiction  of  Kew 
York-  He  reminded  the  Governor,  that  many  of  the  inhabit- 
ants of  Cumberland  county,  from  the  time  the  independence 
of  Vermont  was  asserted,  had  continued  subjects  of  New  York ; 
that  the  Legislature  of  New  York,  to  encourage  them  to  remain 
in  allegiance,  had,  "  in  the  most  solemn  manner,"  pledged  the 
faith  of  the  state  to  protect  their  persons  and  property ;  and 
(although  no  blame  could  be  charged  upon  his  Excellency)  that 
this  pledge  had  been  broken,  many  of  the  subjects  of  New 
York  having  from  time  to  time  been  "notoriously  injured,"  and 
prevented  from  obtaining  the  least  satisfaction  for  their  maltreat- 
ment, or  the  least  assurance  of  exemption  from  such  usage  in 
future.  He  then  referred  to  the  ineffectual  attempt  which  had 
been  made  in  Congress  to  settle  the  dispute,  by  sending  com- 
missioners to  the  "  Grants,"  and  alluded  to  the  resolutions  which 
had  been  passed  by  the  same  body  on  the  24th  of  September, 
1779,  "  generously  designed  "  to  protect  the  grantees,  and  "  pre- 
vent the  alienation  of  public  property."  Nor  did  he  omit  to 
inform  his  Excellency,  that  the  Legislature  of  Vermont,  in  spite 
of  all  these  endeavors,  had  made  large  grants  of  land  to  certain 
persons  who  had  applied  for  favors  of  this  kind ;  had  impri- 
soned and  harassed  several  of  the  subjects  of  New  York  for 
offences  against  the  laws  of  Vermont;  had  punished  several 
who  had  sold  liquors  without  a  Vermont  license;  and  had 
chosen  a  committee  to  attempt  to  persuade  the  subjects  of  New 

*  MS.  Information  against  Yorkers.  George  Clinton  Papers,  in  N.  Y.  State 
Lib.  voL  ix.  doc.  2791. 


1780.]  minott's  letter  to  clinton.  371 

York  to  submit  to  the  jurisdiction  of  the  new  state  before  the 
1st  of  June  following. 

AHuding  to  the  precariousness  of  the  situation  of  the  Yorkers, 
he  continued :  "  Hitherto,  sir,  we  have  at  the  risque  of  our  ears, 
and  of  receiving  the  infamous  punishment  of  whipping,  sup- 
ported the  jurisdiction  of  the  state  in  this  county.  But  as  we 
begin  to  beKeve  that  Congress — with  whom  the  matter  now 
solely  rests — will  not  do  anything  effectual  for  our  relief,  w&  do 
not  think  it  our  duty  any  longer  to  put  our  all  at  stake.  We 
would  wish,  sir — we  are  earnestly  desirous,  to  live  under  the 
government  of  New  York,  but  cannot  longer  risque  so  much  for 
a  government  which  is  either  unable  or  unwilling  to  protect  us  ; 
and  must  candidly  assure  yom*  Excellency,  that  unless  Congress 
shall  have  settled  this  controversy  by  the  1st  of  June  next,  the 
subjects  of  New  York  in  this  county  must,  for  their  own  safety, 
connect  themselves  with  some  power  able  to  aiford  them  secu- 
rity." While  thus  stating  the  grievances  to  which  the  adherents 
of  New  York  in  Cumberland  county  had  been  subjected,  Mr. 
Minott,  in  behalf  of  his  associates,  assured  the  Governor  that 
these  unfortunate  results  had  not  been  occasioned  by  any  neglect 
on  his  part.  "We  beg  leave,"  wrote  he,  "to  exj^ress  the 
warmest  sentiments  of  gratitude  to  your  Excellency,  for  your 
conduct  through  the  whole  of  our  most  distressed  situation. 
We  are  truly  sensible,  sir,  that  you  have  done  all  in  your  power 
to  relieve  us,  and  that  if  Congress  had  the  same  tenderness  for 
the  calamities  of  their  constituents  which  you  have  repeatedly 
shown  to  those  under  your  care,  we  should  before  this  have  been 
in  a  capacity  of  doing  something  to  assist  the  continent  in  car- 
rying on  the  war."  Such  were  the  accounts  transmitted  to 
Governor  Clinton  from  Cumberland  county.  They  were  intended 
both  for  his  instruction  and  the  edification  of  the  congressional 
delegation  from  New  York. 

Accompanying  this  communication  was  a  letter  from  Micah 
Townsend,  of  the  12th  and  14th  of  April,  confirmatory  in  part 
of  the  statements  which  had  been  previously  reported.  His  own 
situation  he  represented  as  "  truly  disagreeable,"  and  his  reasons 
for  this  declaration  were  not  trifling.  He  was  well  aware  that 
the  New  York  Legislature  regarded  every  act  done  by  them  for 
the  maintenance  of  their  jurisdiction  on  the  "  Grants,"  as  a  favor 
conferred  upon  their  constituency  who  resided  there.  He  also 
knew  that  the  Yorkers  in  Cumberland  county  supposed  that 
they  had  merited  from  the  Legislature  protection  at  least,  since 


372  HISTORY   OF   EASTERN    VERMONT.  [1780. 

without  any  prospect  of  private  advantage,  tliey  had  spiritedly 
maintained  the  authority  of  New  York  against  the  violent  mea- 
sures of  the  Yermonters.  An  accurate  knowledge  of  the  situa- 
tion of  the  Yorkers,  hoth  in  and  out  of  Yermont,  enabled  him  to 
mark  the  instances  in  which  a  want  of  union  in  their  counsels 
had  been  detrimental  to  their  cause,  and  had  given  strength  to 
their  antagonists. " 

Having  dispatched  these  letters,  the  subjects  of  Kew  York 
flattered  themselves  that  there  would  be  no  necessity  of  troubling 
the  government  with  their  complaints  for  some  time  to  come. 
As  the  Yermont  Legislature  had  appointed  a  committee  to  confer 
with  the  Yorkers  for  the  purpose  of  establishing  a  basis  for  a 
union,  it  was  not  supposed  that  hostilities  would  be  continued 
between  the  two  parties,  or  that  Yermont  laws  would  be  enforced 
against  those  who  denied  the  authority  of  the  state.  But  the 
facts  were  otherwise.  Pursuant  to  orders  from  Governor  Chit- 
tenden, drafts  of  men  were  made  in  Cumberland  county  in  the 
latter  part  of  April.  In  some  towns  no  distinction  was  observed 
between  those  who  acknowledged  and  those  who  denied  the 
jurisdiction  of  Yermont,  and  in  the  few  towns  in  which  a  difler- 
ence  was  made  it  was  wholly  favorable  to  the  citizens  of  that 
state.  In  Marlborough,  Charles  Phelps  and  two  other  persons, 
who  had  long  been  bitter  opponents  of  the  new  state,  were 
drafted  as  soldiers  until  the  1st  of  January,  1781.  Phelps  refused 
to  serve,  and  declined  to  pay  the  fine  which  was  imposed  upon 
him  in  consequence  of  his  refusal.  On  the  2d  of  May,  1780, 
Abel  Stockwell,  in  conformity  with  the  statute  in  that  case  pro- 
vided, attempted  to  distrain  for  the  fine.  While  thus  engaged 
he  was  attacked  by  Charles  Phelps  and  his  son  Timothy,  who 
did  "  beat,  bruise,  cut,  wound,  and  evil  entreat"  him  to  such  an 
extent  that  his  "  life  was  greatly  despaired  of."  Dissatisfied 
with  this  result,  Stockwell  visited  Phelps's  house  a  second  time, 
and  on  this  occasion  seized  his  cattle  and  levied  a  fine  of  "  twenty 
silver  dollars"  on  his  son.  At  the  same  time  he  thi'eatened  the 
younger  Phelps  with  whipping  if  the  fine  was  not  paid.  A  few 
days  after  tliis  occurrence,  as  was  then  reported,  a  post  was 
erected  in  Marlborough  for  the  purpose  of  facilitating  the  exe- 
cution of  the  punishment. 

Determined  to  prosecute  the  matter  further,  Stockwell  enter- 
ed a  complaint  against  the  Phelpses,  and,  on  the  23d  of  May,  the 

*  George  Clinton  Papers,  in  N.  Y.  State  Lib.,  voL  is.  docs.  2798,  2806. 


1780.]  PROCEEDINGS   AGAINST   THE   PHELPSES.  3T3 

sheriff  was  ordered  to  attacli  tlieir  goods  to  the  value  of  £6000 
lawful  money,  or  their  bodies  in  case  property  to  this  amount 
could  not  be  found.  On  the  8th  of  June,  Josepli  Church,  the 
constable  of  Marlborough,  endorsed  the  following  return  on  the 
writ :  "  I  have  attached  sixty  acres  of  land  belonging  to  the 
within  named  defendants — thirty  acres  belonging  to  the  within 
named  Charles  Phelps,  Esq.,  beginning  at  the  dividing  Hne  be- 
tween him  the  said  Charles  and  Timothy  Phelps,  ten  rods  west 
of  his  dwelling-house,  west  as  far  as  his  land  goes,  and  so  far  south 
as  to  contain  thirtj'-  acres ;  and  thirty  acres  belonging  to  Timo- 
thy Phelps,  beginning  at  the  above-mentioned  dividing  line, 
extending  north  as  far  as  to  contain  thirty  acres,  bounding 
west  on  Newton's  land — and  have  left  an  attested  copy  at  each 
of  their  houses  of  this  writ,  with  my  doings  thereon."  The  cause 
was  tried  on  the  3d  Tuesday  in  June,  but  the  decision  of  the 
court  was  withheld.  At  the  August  term,  Charles  Phelps  came 
before  the  com't,  and,  in  defence  of  his  conduct,  stated  that  he 
made  the  assault  only  to  maintain  possession  of  his  propert}", 
which  was  being  "  wrenched  from  him  by  force  and  arms  ;"  that 
he  was  a  subject  of  New  York,  but  could  obtain  no  redress  of 
grievances  by  the  laws  of  that  state ;  and  that  he  was  forced 
"  by  the  laws  of  nature  and  nations"  to  protect  his  rights  by  the 
means  which  were  in  his  power.  It  is  hardly  necessary  to  say, 
that  these  statements  produced  but  little  impression  on  the  court. 
The  defendants  were  sentenced  to  pay  a  fine  of  £500  lawful 
money,  and  an  execution  was  immediately  granted  against  the 
property  which  had  been  already  attached.  Marlborough  was 
not  the  only  town  whose  inhabitants  were  called  upon  to  serve 
in  the  Vermont  militia.  In  Halifax,  five  Yorkers  were  drafted 
but  no  Yermonters.  In  Guilford,  Capt.  Price  and  four  other 
persons,  subjects  of  New  York,  were  enrolled,  and  two  of  the 
new  state's  men.  In  Dummerston,  one  Yorker  and  one  Yer- 
monter  were  drafted.  In  Putney,  thirteen  Yorkers  and  two 
Yermonters  were  required  to  furnish  five  men. 

On  the  2d  of  May,  the  committees  from  eleven  towns  in  Cum- 
berland county,  assembled  at  Brattleborough,  for  the  purpose  of 
devising  such  measures  as  should  seem  best  fitted  to  protect 
their  own  interests  and  those  of  New  York.  In  a  letter  address- 
ed to  Governor  Clinton,  they  explained  their  situation,  and  de- 
fined the  position  in  which  they  were  placed.  To  fight  with  or 
submit  to  the  government  of  Vermont  appeared  to  them  their 
only  alternative.      "  On  the  one  hand,"  said  they,  "  we  have 


374  HISTORY   OF   EASTERN   VERMONT.  [1780. 

nothing  to  expect  but  an  nneqnal  and  bloody  conflict  with  a 
ferocious  set  of  men,  exasperated  by  our  opposition  to  their  ille- 
gal measures.  On  the  other,  submission  to  a  government  which 
we  know  to  be  usurped,  and  whose  cruelties  have  already  taught 
us  to  dread  and  abhor  it.  From  this  dilemma  Congress,  and 
Congress  alone,  can  relieve  us ;  and  if  our  situation  could  be 
rightly  explained  to  them,  and  that  honorable  body  could  be 
induced  for  a  moment  seriously  to  attend  to  it ;  if  they  have 
not  wholly  lost  that  glorious  spirit  which  has  heretofore,  in  so 
eminent  a  manner,  distinguished  them — and  regard  their  faith 
unanimously  and  solemnly  pledged,  we  are  persuaded  they 
onust  put  an  end  to  our  miseries  by  speedily  determining  to 
which  of  the  thirteen  states  we  belong.  But,  if  they  will  not, 
God  knows  what  will  become  of  us,  even  while  we  are  waiting 
their  leisure."  Other  points  bearing  upon  the  subject  of  the 
controversy  were  also  discussed.  In  view  of  the  little  support 
which  was  expected  from  Kew  York,  the  committees  expressed 
an  earnest  desire  that  the  Governor  would  not  blame  them  for 
taking  such  measures  as  they  should  think  most  conducive  to 
their  safety  ;  but,  on  the  contrary,  would  admire  the  fortitude 
and  loyalty  Avhich  had  induced  them,  "  so  long  and  unassisted^ 
to  stem  the  impetuous  torrent  of  disloyalty  and  oppression." 
This  communication,  cogent  in  its  reasons,  direct  in  its  conclu- 
sions, and  accurate  in  its  facts  and  details,  was  signed  by  Sa- 
muel Minott,  the  chairman  of  the  town  committees,  and  was 
entrusted  to  Major  Jonathan  Hunt,  who  was  chosen  an  espe- 
cial messenger  to  deliver  it  to  Governor  Clinton. 

Having  fulfilled  his  commission.  Major  Hunt  proceeded  to 
Philadelphia,  and  on  the  23d  of  May  subscribed  an  affidavit 
which  was  read  in  Congress,  in  wdiich  he  declared  his  behef, 
founded  on  credible  information,  "  that  the  assumed  govern- 
ment of  the  New  Hampshire  Grants,  called  Vermont "  was 
intending  after  the  1st  of  June  following,  "  to  put  their  laws 
into  execution  over  the  persons  and  estates  of  the  inhabitants  of 
the  said  '  Grants '  and  to  exact  from  them  an  oath  of  allegiance 
to  their  pretended  state."  He  also  stated  that  William  Williams 
of  Wilmington,  who  had  formerly  received  a  colonel's  commis 
sion  from  the  Convention  of  the  state  of  New  York,  who  had 
been  a  member  of  said  Convention  and  was  now  a  member  of 
the  Assembly  of  Vermont,  had  informed  him  that  the  govern- 
ment of  Vermont  had  re-granted  lands  which  had  been  pre- 
viously granted  by  New  York,  without  consulting  the  rights  or 


IT 80.]  CONGRESSIOXAL   MEASURES.  375 

interest  of  the  first  grantees,  and  had  also  disposed  of  large  tracts 
to  j^ersons  residing  in  Connecticut,  and  to  certain  continental 
ofiicers  whose  petitions  for  land  had  been  presented  by  Col. 
Roger  Enos,  a  continental  officer  of  that  state.^ 

In  view  of  this  representation,  and  of  other  representations  of 
a  similar  character,  Congress  on  the  2d  of  June  declared  the 
conduct  of  the  people  of  the  "  Grants,"  "  in  contravening  the 
good  intentions  "  of  the  resolutions  of  the  24th  of  September, 
and  of  the  2d  of  October,  1779,  to  be  "  highly  unwarrantable, 
and  subversive  of  the  peace  and  welfare  of  the  United  States." 
At  the  same  time  the  inhabitants  of  the  controverted  district 
were,  by  a  special  order,  "strictly  required  to  forbear  and 
abstain  from  all  acts  of  authority,  civil  or  military,  over  the 
inhabitants  of  any  town  or  district  who  hold  themselves  to  be 
subjects  of,  and  to  owe  allegiance  to  any  of  the  states  claiming 
the  jurisdiction  of  the  said  territory  in  whole  or  in  part,"  until 
the  controversy,  should  be  determined.  Desirous  no  doubt  of 
terminating  internal  dissensions  of  every  character,  Congress 
resolved  to  "  proceed  to  hear  and  examine  into,  and  finally 
determine  the  disputes  and  differences  relative  to  jurisdiction," 
as  soon  as  nine  states,  exclusive  of  those  who  were  parties  to  the 
controversy  should  be  represented.  By  a  subsequent  order, 
passed  on  the  9th,  the  second  Tuesday  of  September  following 
was  fixed  upon  as  the  day  upon  which  Congress  would  declare 
their  final  determination.f 

At  their  spring  session,  the  General  Assembly  of  Vermont  had, 
on  the  15th  of  March,  appointed  Stephen  R.  Bradley,  Moses 
Robinson  and  Jonas  Fay,  a  committee  "to  enquire  as  soon 
as  may  be  into  the  cause,  and  oflicially  take  the  reasons  why 
certain  of  the  inhabitants  of  the  county  of  Cumberland  are 
opposed  to  the  authority  of  this  state,  and  wherein  their  griev- 
ances consist."  Pursuant  to  this  appointment,  the  committee, 
accompanied  by  Governor  Chittenden,  assembled  at  "West- 
minster, and  afterwards  at  Putney,  "  to  attend  on  the  Yorkers," 
and  to  "  bring  about  a  union  with  the  Brattleborough  commit- 
tee," of  which  Samuel  Minott  was  chairman.  However  well- 
intentioned  this  measure  might  have  been,  it  does 'not  seem  to 
have  been  followed  either  by  a  compromise  or  by  any  kind  of 

*  George  Clinton  Papers,  in  K  T.  State  Lib.,  vol.  ix.  docs.  2856,  2865.  MS. 
Affidavit  of  Jonathan  Hunt. 

f  Journals  Am.  Cong.,  iii.  462-465.  Broadside,  in  Papers  relating  to  Vt.  Con- 
troversy, in  office  Sec.  State  K  Y.,  p.  34. 


376  HISTOKT   OF   EASTERN    VERMONT.  [1Y80. 

a  permanent  or  temporary  settlement.  A  similar  result  appears 
to  have  attended  the  negotiations  of  a  like  committee,  who  were 
directed  to  convene  during  the  month  of  August  at  Westminster, 
at  Putney,  and  at  Brattleborough,  "to  settle  with  the  Yorkers."* 
The  1st  of  June,  the  time  at  which  it  was  supposed  the 
government  of  the  new  state  would  manifest  its  power  by  some 
decisive  act,  had  come  and  gone,-  and  no  change  in  the  adminis- 
tration of  Vermont  affairs  had  taken  place  sufficiently  important 
to  attract  especial  attention.  To  the  New  York  adherents  the 
hopes  which  they  had  so  long  cherished,  not  only  that  a  decision 
would  be  made,  but  that  it  would  be  favorable  to  them,  began 
to  assume  an  appearance  more  fantastic  than  real.  Knowing 
that  they  could  not  afford  to  lose  all  they  had  expended  in  this 
contest,  and  deeming  it  just  that  the  state  for  which  they  had 
hazarded  so  much  should  reimburse  them  for  expenditures 
made  in  her  behalf,  they  presented  to  the  New  York  Legis- 
lature, on  the  12th  of  June,  through  Micah  Townsend,  a  petition 
designed  to  accomplish  this  end.  In  it  they  referred  to  the  dis- 
affection which  had  led  to  the  establishment  of  Vermont  as  an 
independent  jurisdiction  ;  to  the  efforts  which  had  been  made 
by  the  Legislature  of  New  York  to  prevent  the  disaffection 
from  becoming  general,  which  efforts  had  resulted  in  a  resolve, 
passed  in  February,  17T8,  by  which  the  faith  of  the  state  was 
then  pledged  "  to  concur  in  the  necessary  measures  for  protecting 
the  loyal  inhabitants  of  this  state  residing  in  the  counties  of 
Alban}^,  Charlotte,  Cumberland,  and  Gloucester,  in  their  persons 
and  estates  ; "  to  the  constancy  which  many  of  the  residents  on 
the  "  Grants  "  had  exhibited  in  continuing  allegiant  to  New 
York  ;  to  the  earnest  endeavors  which  had  been  made  by  these 
"  loyal  subjects  "  to  obtain  the  protection  of  government ;  to 
the  ill  success  that  had  attended  their  efforts ;  and  to  the  perse- 
cutions they  had  endured  in  the  shape  of  fines,  imprisonments, 
and  the  confiscation  of  property.  Resting  their  claim  on  these 
considerations,  they  declared  that  the  Legislature  were  bound 
in  equity  to  make  compensation  for  the  injuries  they  had 
received,  and  expressed  a  hope  that  their  petition  for  such  com- 
pensation would  be  answered.  A  request  so  reasonable  as  this 
could  not,  it  would  seem,  have  met  with  a  refusal ;  but  con- 
siderations more  pressing  in  their  nature  were  continually 
demanding  the  attention  of  the  Legislature,  and  it  was  not  until 

*  MSS.  of  the  Hon.  Stephen  R.  Bradley. 


17S0.]  Clinton's  letter.  377 

several  years  had  elapsed  that  this  application,  and  other 
applications  resembhng  it,  were  treated  to  a  final  and  definitive 
answer.* 

On  the  16th  of  June,  Governor  Clinton  replied  to  the  com- 
munications he  had  received  from  Samuel  Minott  in  behalf  of 
the  town  committees,  and  entrusted  his  letter  and  other  import- 
ant papers  to  the  care  of  Major  Hunt,  who,  on  his  way  home 
from  Philadelphia,  had  stopped  at  Kingston,  where  Clinton  then 
resided.  With  reference  to  the  resolves  of  Congress  he  pro- 
fessed his  faith  in  the  truth  of  the  statements  they  contained, 
and  made  no  doubt  that  the  instant  there  should  be  a  full  repre- 
sentation in  Congress,  and  the  public  affairs  should  with 
propriety  permit  attention  to  be  paid  to  the  subject  of  the 
controversy,  it  would  "  be  put  in  a  course  of  decision."  Not- 
withstanding his  own  convictions,  he  did  not  endeavor  to 
conceal  from  himself  or  his  friends  the  probabihty  existing  that 
the  Vermonters  would  not  heed  these  resolves.  "  Should  your 
neighbors,"  wrote  he,  "  in  contempt  of  the  authority  of  Con- 
gress, and  at  the  hazard  of  the  welfare  of  the  whole  confedera- 
tion, by  embroiling  its  members  in  a  civil  war  at  this  crisis, 
still  persevere  in  theii*  usurpations,  I  must  recommend  it  to 
you  not  to  submit  voluntarily,  but  at  the  same  time,  that  in 
your  resistance  you  will  be  guided  by  prudence,  reflecting  that 
the  whole  force  of  all  the  states  will  not  only  be  shortly  called 
forth,  but  will  be  necessary  to  ensure  success  to  the  great 
intended  operations  against  the  common  enemy ;  and  con- 
sequently, that,  however  at  another  time  it  might  be  in  our 
power,  and  at  all  times  my  sincerest  desire,  to  relieve  and 
protect  you,  yet  that  in  the  present  conjuncture  the  power  of 
the  state  must  be  directed  to  another,  and  I  feel  assured  your 
own  candour  will  induce  you  to  admit,  a  more  important, 
object."  In  another  part  of  his  communication,  he  informed 
Mr.  Minott,  that  complaint  had  been  made  to  him,  when  at 
the  northward,  that  the  subjectsof  ITew  York,  resident  in  Cum- 
berland county,  were  hving  "totally  exempt  from  public 
burthens."  While  declaring  his  disbelief  in  the  charge,  he  still 
expressed  a  wish  that  "  even  the  appearance  of  a  cause  might 
be  removed,"  and  therefore  recommended  the  formation  of  a 
company  of  soldiers  in  the  "  well-affected  towns,"  to  serve  for 


*  Doc.  Hist.  K.  Y.,  iv.  1003    1004.     Papers  relating  to  Vt.  Controversy,  in 
office  Sec.  State  N.  Y.,  p.  35. 


378  HISTORY    OF   EASTERN   VERMONT.  [1Y80. 

three  months  from  the  middle  of  the  approaching  July.  He 
further  proposed,  that  the  men  thus  raised  should  be  attached  to 
the  levies  required  of  New  York  to  serve  with  the  continental 
army,  "  in  the  intended  operations  against  the  enemy  in  the 
southern  parts  of  the  state,"  and  named  Fishkill  as  the  place 
to  which  they  should  repair  as  soon  as  embodied.  At  the  same 
time  he  expressed  his  willingness  that  the  soldiers — ^provided 
such  was  their  wish — should  be  stationed  at  Skenesborough, 
now  "Whitehall,  that  they  might  be  nearer  to  their  families  and 
homes.  In  a  letter  to  Col.  Eleazer  Patterson,  of  the  same  date, 
he  enclosed  commissions  for  several  officers  who  had  been  re- 
cently appointed,  and  expressed  the  liope,  provided  the  project 
of  raising  men  for  the  army  in  the  "  well-affected"  towns  should 
appear  practicable,  that  Patterson  would  lend  his  "  best  exer- 
tions" to  carry  it  into  prompt  execution.* 

Although  the  subjects  of  New  York  in  Cumberland  county 
were  at  all  times  ready  to  serve  that  state  in  a  civil  or  military 
capacity,  they  did  not  consider  themselves  bound  to  perform 
similar  duties  for  Vermont.  It  chanced  therefore,  that  when 
Comfort  Star,  captain  of  the  first  militia  company  in  Guilford 
comiected  with  the  first  Yermont  regiment,  in  pursuance  of  an 
act  of  the  General  Assembly  and  in  obedience  to  orders  from  his 
colonel,  directed  his  company  to  convene  at  their  usual  place  of 
parade  on  the  25th  of  April,  and  on  their  assembling,  selected 
Josiah  Bigelow  and  Peter  Briggs  to  serve  in  the  state  guard 
until  the  Ist  day  of  January,  17S1 — ^it  chanced  then,  that  both 
of  the  men  di-afted,  refused  to  join  the  troops  they  were  detach 
ed  to  serve  with,  and  declined  to  pay  the  fine  required  of  them 
by  statute  as  the  punishment  for  such  neglect.  Thereupon,  by 
order  of  the  Hon.  Moses  Kobinson,  the  Chief  Judge  of  the 
superior  court,  process  was  ordered  against  the  delinquents. 
Dr.  Daniel  Rood,  of  Putney,  an  "indifferent  person,"  served 
the  summons  on  Briggs,  on  the  7th  of  June,  by  leaving  an 
attested  copy  of  it  at  his  dwelling.  With  Bigelow  he  did  not 
succeed  as  well.  Having  first  attempted  to  read  the  summons, 
he  was  ordered  out  of  the  house  with  hard  words.  On  the 
second  essay,  he  was  not  only  treated  in  a  similar  manner, 
but  was  driven  out  of  doors  by  Bigelow,  who  with  one  fist  in  the 
Doctor's  face,  and  the  other  at  his  side,  emphatically  declared, 
he   "  should  take  it,"  if  he  attempted  to  read  the  summons. 

*  George  Clintou  Papers,  in  N.  Y.  State  Lib.,  voL  x.  doc.  2981. 


ITSO.]  EI^^LISTMENT   OF   S0LDIEE8.  379 

After  several  efforts  of  this  nature,  "  being  impeded  by  the 
position  and  words"  of  Bigelow,  Rood  delivered  the  summons 
verbally  and  favored  the  contumacious  Yorker  with  an  attested 
coi:)y  of  the  same.  At  the  trial  before  the  superior  court, 
judgment  was  rendered  against  the  delinquents,  and  each  was 
sentenced  to  pay  a  fine  of  £108,  together  with  the  costs  of  the 
trial* 

The  proposition  made  by  Governor  Clinton,  that  a  company 
should  be  formed  in  Cumberland  county  for  the  continental 
service,  was  favorably  received,  and  measures  were  imme- 
diately taken  for  carrying  it  into  execution.  From  every 
twelve  or  thirteen  men,  one  man  was  selected  to  serve  as  a 
soldier,  and  his  expenses  were  borne  by  those  from  whom  he 
was  chosen.  Col.  Samuel  Wells,  of  Brattleborough,  rendered 
valuable  assistance  in  forwarding  the  project,  and  even  went 
so  far  as  to  hire  a  man  at  his  own  expense.  In  announcing  to 
the  Governor  the  success  which  had  attended  these  efforts, 
Micah  Townsend,  in  his  letter  of  the  19th  of  July,  did  not  fail 
to  mention  the  little  difficulties  with  which  he  and  his  friends 
had  been  obliged  to  contend.  Li  order  to  avoid  any  misunder- 
standing in  the  future,  he  recommended  to  the  Governor  that 
the  state  should  advance  a  small  amount  of  money  for  the 
benefit  of  the  company,  even  though  Congress  should  refuse  to 
sanction  the  expenditure,  rather  than,  that  the  soldiers  should 
be  rendered  "  uneasy,"  by  being  fed  on  expectations  alone. 
Col.  Eleazer  Patterson,  in  reference  to  the  same  subject,  informed 
the  Governor,  oji  the  20th  of  July,  that  he  and  the  oflicers  of 
his  regiment  had  spared  no  exertions  to  procure  a  company  of 
fifty  men,  and  that  the  reason  why  this  number  was  not  yet 
fully  completed,  was  the  "  peculiar  situation"  of  the  friends  of 
Isew  York,  and  not  a  "  want  of  sufficient  exertion"  on  the  part 
of  those  to  whom  the  business  of  enlisting  had  been  entrusted, 
or  of  "  spirit  in  the  people." 

In  his  reply  of  the  16th  of  September,  Governor  Clinton 
exhorted  the  Colonel  and  those  associated  with  him,  to  adhere 
to  the  course  they  had  taken.  That  their  military  organization 
might  be  in  accordance  with  the  laws  of  the  state,  he  announced 
to  them  the  necessity  of  being  properly  armed  and  accoutred, 
and  of  being  provided  with  ammunition.  He  expressed  fuU 
confidence  in  their  loyalty  to  New  York  and  the  United  States, 

*  MS.  Papers  in  the  Office  of  Clerk  of  Rutland  Co.,  Vt 


380  HISTORY   OF   EASTEEN   VERMONT.  [1780. 

and  declared  liis  belief  tliat  they  would  make  use  of  every 
means  in  their  power  to  render  their  recruits  military  and 
eifective  men.* 

During  the  summer  of  this  year,  suspicions  had  been  enter- 
tained that  the  principal  men  interested  in  the  government  of 
Vermont,  were  engaged  in  negotiations  with  the  British  in 
Canada,  but  as  to  the  correctness  of  the  suspicions  or  the  nature 
of  the  negotiations  nothing  could  be  determined.  By  Sep- 
tember, these  suspicions  had  increased  to  such  an  extent  that 
they  were  regarded  by  many  as  facts.  Fears  were  also  pre- 
valent that  the  enemy  were  about  to  make  an  incursion  into 
Vermont,  for  the  purpose  of  reducing  it  to  a  British  province. 
Depositions  containing  information  to  this  effect,  were  attested 
by  Benjamin  Butterfield  and  Jonathan  Church,  inhabitants  of 
Cumberland  county.  The  statements  made  by  these  gentle- 
men, were  based  partly  on  hearsay  and  rumor,  and  j^artly  on 
conversations  which  they  had  held  with  persons  who  had  seen 
scouts  who  had  removed  from  Cumberland  county  and 
joined  the  British  in  Canada.  These  depositions,  which  were 
taken  at  the  instance  of  the  New  York  adherents,  were  trans- 
mitted to  Governor  Clinton  for  his  perusal.  Accompanying 
them  was  a  communication  of  the  11th  of  September,  signed 
by  the  deponents,  also  by  Col.  Eleazer  Patterson,  Lieut.-Col. 
John  Sergeants,  Capt.  Timothy  Church,  and  several  private 
gentlemen,  recommending  the  appointment  of  a  committee 
"invested  with  some  degree  of  authority,"  whose  duty  it 
should  be  to  watch  such  of  the  inhabitants  of  the  county  as 
might  be  suspected  of  conspiring  with  the  British  against  the 
Americans,  and  report  their  names  to  the  proper  authorities. 
Although  this  proposition  was  well  received  by  the  Governor, 
he  was  prevented  by  political  reasons  from  acting  on  its  sug- 
gestions. Under  these  circumstances  he  substituted  counsel  for 
action.  "  I  can  only  advise,"  said  he,  in  his  letter  of  October 
3d,  "  the  present  civil  and  military  officers  to  vigilance  and  a 
faithful  exertion  of  the  authority  they  are  vested  with,  and  I 
would  fain  hope  they  will,  in  this  case,  be  able  to  defeat  the 
designs  of  our  secret  enemies."  He  also  reminded  his  friends, 
that  any  person  who  had  joined  the  enemy,  and  who  should  be 
found  lurking  secretly  in  the  county,  was  triable  by  a  general 


*  George  Clinton  Papers,   in  N.  Y.  State  Lib.,  vol.  x.  docs.  3081,  3085:  xi. 
8224. 


1780.]  LUKE   KNOWLTON.  381 

court-martial  as  a  spy,  and  subject  to  capital  punishment ;  and, 
further,  that  any  person  who  should  "  knowingly  harbor  or 
comfort"  a  spy  was  guilty  of  a  misdemeanor  of  the  highest 
nature.  That  the  suspicions  which  gave  rise  to  these  precau- 
tions were  partly  founded  in  truth,  there  is  now  no  doubt. 
Tlie  vague  reports  whi-ch  were  then  floating  among  the  com- 
munity, springing  from  no  very  responsible  source,  and  exag- 
gerated by  ti'ansmission,  were  the  precursors  of  that  diplomatic 
correspondence  which  for  more  tlian  two  years  was  carried  on 
between  Frederick  Haldimand  on  behalf  of  the  British,  and 
Thomas  Chittenden  on  the  part  of  Yermont,  and  which  gave 
foundation  to  innumerable  stories  subversive  of  the  ideas  which 
had  hitherto  been  entertained  of  the  loyalty  of  Yermont  to  the 
cause  of  America.* 

In  conformity  with  the  expressed  determination  of  Congress 
to  adjudicate  fairly  upon  the  conflicting  claims  to  the  "  Grants," 
the  new  state's  men  had  already  appointed  their  agents  to 
appear  at  Philadelphia,  and  other  parties  interested  in  the  con- 
troversy were  prepared  to  follow  their  example.  Fearing  lest 
the  New  York  delegates  should  be  remiss  in  their  duties,  the 
subjects  of  New  York  resident  in  Cumberland  county  met  on 
the  30th  of  August  and  appointed  Luke  Knowlton  their  agent 
to  attend  at  Philadelphia,  at  their  own  expense.  By  order  of 
the  county  committee  of  which  John  Sergeants  was  then  chair- 
man, he  was  furnished  with  a  recommendatory  letter  to  Governor 
Clinton,  in  which  lie  was  described  as  a  gentleman  of  "  penetra- 
tion and  probity,"  who  had  resided  in  the  county  since  the 
beginning  of  the  disturbances,  and  was  therefore  prepared  either 
to  refresh  the  memories  of  the  delegates,  or  to  acquaint  them 
with  such  circumstances,  as  had  not  yet  come  to  their  know- 
ledge. On  the  12th  of  September,  he  was  provided  by  Clinton 
with  an  introductory  letter  to  the  New  York  delegation,  and 
thus  equipped  he  arrived  in  Philadelphia.  Hopes  were  now 
entertained  that  the  long  drawn  controvers}^  would  be  decided. 
Tlie  interview  between  the  parties  interested  and  Congress,  was 
opened  on  the  19tli  of  September,  by  the  presentation  of  docu- 
ments detailing  the  difi'erent  views  which  were  entertained  on 
the  subject  under  consideration,  and  the  circumstances  upon 
which  they  were  founded.  In  this  manner  the  reference  was 
conducted  for  two  or  three  days,  when,  the  agents  from  Yermont 

*  George  Clinton  Papers,  in  N.  Y.  State  Lib.,  vol.  xi.  docs.  .3214,  3250. 


382  'history  of  eastern  Vermont.  [1780. 

becoming  satisfied  that  partial  modes  were  pursued,  and  ex-parte 
evidence  presented  and  received,  withdrew  from  the  assembly, 
and,  on  the  22d,  sent  in  to  Congress  a  remonstrance  against 
their  proceedings.  On  the  26th,  Knowlton  notified  to  Congress 
that  the  expensiveness  of  living  and  the  sickliness  of  the  place, 
would  render  it  "  very  disagreeable"  for  him  to  remain  longer 
in  Philadelphia,  and  retm*ned  home.  These  events,  combined 
with  the  doubts  which  had  been  excited  in  the  minds  of  many 
of  the  members  of  Congress  as  to  the  validity  or  invalidity  of 
the  differing  claims,  rendered  a  postponement  of  the  hearing 
extremely  desirable.  This  end  was  accomplished  by  a  resolve  to 
that  effect,  and  thus  was  a  decision  avoided,  which  could  not 
have  been  announced  in  any  form  without  exciting  ill  feelings, 
whose  results  would  have  been  visible  in  compromising  the 
strength  of  that  union  which  bound  the  states  together,  and 
which  gave  them  a  power  that  would  have  been  weakness  itself 
had  they  been  divided.* 

Considering  the  exposed  situation  of  the  northern  frontier  of 
Yermont,  it  had  long  been  a  matter  of  surprise  and  congratula- 
tion that  the  British  and  Indians  had  not  more  frequently  im- 
proved the  many  opportunities  which  were  open  to  them  of 
attacking  the  settlers  and  pillaging  their  fields  and  dwellings. 
This  apparent  forbearance,  so  far  from  arising  from  any  praise- 
worthy motive,  was  caused  by  the  many  difliculties  which  the 
enemy  knew  it  would  be  necessary  for  them  to  encounter  in 
reaching  the  settlements.  But  the  intervention  of  steep  moun- 
tains and  pathless  forests  did  not  aflbrd  complete  exemption  from 
attack.  On  the  9th  of  August,  a  party  of  twenty-one  Indians 
visited  the  town  of  Barnard,  and  made  prisoners  of  Tliomas  M. 
Wright,  John  Newton,  and  Prince  Haskell.  Tliese  men  were 
subsequently  can*ied  to  Canada,  whence  the  two  former  escaped 
in  the  spring  following.  The  latter  was  exchanged  after  being 
for  more  than  a  year  in  captivity.  "While  prisoners  they  suffer- 
ed many  hardships,  which  differed  only  in  kind  from  those  they 
endured  during  their  return  journey.  David  Stone  of  Bethel 
was  also  captured  at  the  same  time,  by  the  same  party.  When 
the  settlement  of  Bethel  was  begun  in  the  fall  of  the  year  1779, 
a  small  stockade  fort  had  been  built  by  the  inhabitants  of  the 
town  for  their  protection.  It  stood  at  the  lower  end  of  the 
west  village,  on  the  north  side  of  White  river,  and  its  garrison, 

*  George  Clinton  Papers,  in   N.   Y.  State  Lib.,  vol.  s.  doc.  3181:   xi.  8215. 
Journals  Am.  Cong.,iii.  518-521,  526,  634. 


1780.]  mcuKSiONS  of  the  British.  383 

which  had  been  removed  from  Koyalton,  was  commanded  by 
Ca^itain  Safford.  On  the  occasion  of  this  incursion,  it  rendered 
no  effectual  service  in  behalf  of  the  inliabitants.  Immediately 
after  the  attack,  the  inhabitants  of  Barnard  called  a  town-meet- 
ing, and  resolved  to  build  a  fort,  Benjamin  Cox  was  chosen 
captain  and  a  message  was  sent  to  the  Governor  for  a  commis- 
sion. As  soon  as  the  fact  of  the  inroad  was  known,  several  com- 
panies of  soldiers  from  different  parts  of  the  state  set  out  for 
Barnard,  but  before  they  arrived  there,  the  enemy  had  departed, 
and  the  work  of  defence  was  almost  completed.  The  fort 
was  known  as  Fort  Defiance,  and  at  times  was  occupied  by  a 
garrison.* 

But  the  sorest  trial  was  yet  to  come.  In  July,  1YT6,  an  Ame- 
rican officer,  a  certain  Lieut.  Whitcomb,  while  out  with  a  scout- 
ing party  on  the  river  Sorel,  had  mortally  wounded  Gen,  Gor- 
don, a  British  officer,  as  he  was  riding  between  Chambly  and 
St.  Johns,  and  had  taken  from  him  his  sword  and  watch.  The 
British  had  long  desired  to  avenge  this  act,  which  they  regard- 
ed as  base  and  villanous,  residting  wholly  from  a  desire  of 
plunder,  and  totally  unworthy  of  an  officer.  To  capture  Whit- 
comb was,  with  them,  a  controlling  motive.  Expecting,  it  is 
supposed,  that  they  should  find  him  at  l^ewbury  on  Connecticut 
river,  an  expedition  was  planned  against  that  town.  Of  the 
two  hundred  and  ten  menf  who  were  engaged  in  it,  all  were 
Indians,  with  the  exception  of  seven  white  men  who  were  re- 
fugees and  tories.  In  tlie  beginning  of  October,  the  party,  under 
the  command  of  Horton,  a  British  lieutenant,  and  one  Le  Mott, 
his  assistant,  started  on  their  mission  of  plunder  and  revenge. 
Their  guide,  whose  name  was  Hamilton,  had  been  made  prisoner 
by  the  Americans  at  the  surrendry  of  Burgoyne,  in  17Y7.  He 
had  been  at  Newbury  and  Royalton  during  the  preceding  sum- 
mer, on  parole  of  honor ;  and  having  left  the  latter  place  with 
several  others,  under  pretence  of  going  to  survey  lands  in  the 
northern  part  of  Vermont,  had  gone  directly  to  the  enemy, 
to  whom,  no  doubt,  he  communicated  such  information  as 
served  to  assist  them  in  executing  their  barbarous  intentions. 
While  proceeding  up  Onion  or  Winooski  river,  they  fell  in,  near 
the  spot  where  MontpeHer  now  stands,  with  two  white  men  en- 
gaged in  hunting,  who  informed  them  that  the  people  of  New- 


*  Vermont  Gazetteer,  ed.  1824,  pp.  53,  64.    MS.  Letter. 
+  "WilUains  says  210;  Thompson,  "about  800." 


384  HISTORY   OF   EASTERN   VERMONT.  [1780. 

bury  had  been  expecting  an  assault  from  tlieir  enemies  in  Ca- 
nada, and  were  well  prepared  for  defence.  The  information, 
whether  true  or  false,  had  the  effect  to  divert  them  from  the 
primary  object  of  the  expedition,  and  to  turn  their  attention 
towards  Royalton. 

This  town  had  formerly  been  defended  by  a  small  garrison, 
but  unfortunately  the  soldiers  had  a  little  while  before  been  re- 
moved seven  or  eight  miles  westward  to  Capt.  Safford's  fort  in 
the  town  of  Bethel,  and  the  inhabitants  were  now  entirely  des- 
titute of  the  means  of  defence.  On  reaching  the  mouth  of  Ste- 
vens's branch,  the  enemy  passed  through  the  town  of  Barre  to 
Jail  branch,  which  empties  into  Stevens's  branch ;  and,  after  pro- 
ceeding up  this  stream  for  some  distance,  crossed  the  mountains 
in  "Washington  and  Orange  counties,  and  striking  the  first 
branch  of  White  river,  followed  it  down  through  Chelsea,  and 
encamped  at  Tunbridge,  where  they  remained  during  Sunday, 
the  15th  of  October,  engaged,  no  doubt,  in  maturing  their  plan 
of  attack.  Leaving  a  strong  guard  at  this  place,  they  advanced 
the  next  morning  before  daybreak  towards  the  more  settled 
parts  of  Tunbridge,  and  commenced  depredations  at  the  house 
of  John  Hutchinson,  which  was  situated  in  Tunbridge,  but  ad- 
joined the  line  of  Royalton.  Having  made  Mr.  Hutchinson 
and  his  brother  Abijah  prisoners,  they  plundered  the  house, 
crossed  the  first  branch  of  White  river,  and  proceeded  to  the 
dwelling  of  Robert  Havens  in  Royalton,  which  was  not  far  dis- 
tant. Mr.  Havens,  who  had  gone  into  his  pasture,  becoming 
aware  of  danger  from  the  barking  of  the  dogs,  and  beholding  at 
the  same  time,  a  party  of  Indians  entering  his  house,  lay  down 
under  a  log  and  escaped  their  notice.  His  son,  Daniel  Havens, 
and  another  young  man,  Thomas  Pember,  who  were  in  the  house 
when  the  enemy  approached,  endeavored  to  escape  by  flight. 
Havens  succeeded  in  throwing  himself  over  an  adjacent  hedge, 
and,  being  protected  by  the  bushes,  crept  down  the  bank  of 
tlie  stream  and  concealed  himself  beneath  a  log,  over  which  the 
Indians  passed  a  few  minutes  afterwards,  as  they  pursued  with 
impetuous  haste  their  escaped  prey.  Coming  up  with  Pember, 
one  of  them  aimed  at  him  a  spear,  which,  striking  him,  inflicted 
a  severe  wound.  He  still  continued  running,  but,  becoming 
faint  with  the  loss  of  blood,  was  soon  overtaken,  killed,  and 
scalped. 

Having  selected  Mr.  Havens'e  house  as  a  deposit  for  their  bag- 
gage and  a  post  of  observation,  a  portion  of  the  party  were  left 


17S0.]  ATTACK   O^   KOTALTOX.  3S5 

there  as  guards,  while  the  main  body  again  set  forth  to  complete 
the  work  of  destruction.  On  their  way  they  overtook  Ellas  But- 
ton, a  young  man,  who  endeavored  to  avoid  them.  But  the 
Indians — fleet  of  foot,  and  savage  by  the  scent  of  blood — rendered 
his  attempts  useless,  and  his  body  was  left  by  the  roadside,  welter- 
ing in  its  gore.  Advancing  silently  and  with  great  caution,  they 
next  entered  the  dwelling  of  Joseph  Kneeland,  which  was  about 
a  half  mile  distant  from  Havens's.  Here  they  made  prisonei's 
of  Kneeland  and  his  aged  father,  also  of  Simeon  Belknap,  Giles 
Gibbs,  and  Jonathan  Brown.  Carrying  devastation  in  their 
train,  they  finally  reached  the  mouth  of  White  river  branch, 
where  they  made  a  stand,  and  dispatched  small  parties  in  differ- 
ent directions  to  plunder  the  dwelhngs  and  bring  in  prisoners. 
They  had  already  stolen  a  number  of  horses,  and,  thinking  to 
facilitate  operations,  they  now  mounted  them,  and  endeavored  to 
control  them  by  yells  and  shouts.  The  horses,  unused  to  such 
riders,  were  rendered  more  and  more  unmanageable  by  the 
frenzied  cries  of  the  Indians,  and  served  essentially  to  impede 
the  execution  of  their  plans.  Tlie  alarm  had  now  become 
general,  and  the  frightened  inhabitants,  flying  in  every  direction, 
sought  such  places  as  might  afford  a  refuge  from  the  barbarity 
of  their  pursuers.  As  a  detachment  of  the  enemy  were  passing 
down  the  west  bank  of  White  river,  they  were  perceived  by  one 
of  the  inhabitants,  who  immediately  gave  notice  of  their  ap- 
proach to  Gen.  Elias  Stevens,  who  was  working  in  a  field  about 
two  miles  distant  from  his  house  Unyoking  his  oxen,  he  turned 
them  out,  and  mounting  his  horse  started  up  the  river.  He  had 
gone  about  a  mile  in  the  direction  of  his  dwelling,  when  he  was 
met  by  Capt.  John  Parkhurst,  who  informed  him  that  the 
Indians  were  in  full  pursuit  down  the  river,  and  counselled  him 
to  turn  back.  Fearing  for  the  safety  of  his  wife  and  children, 
yet  aware  of  the  imminent  danger  which  threatened  himself, 
Stevens  changed  his  course,  and  retraced  his  steps,  in  company 
with  Parkhurst.  On  reaching  the  house  of  Deacon  Daniel  Rix, 
Stevens  took  Mrs.  Rix  and  two  or  three  children  with  him  on 
his  horse ;  Parkhurst  performed  the  same  kind  ofiice  for  Mrs. 
Benton  and  a  number  of  children,  and,  with  all  the  care  and 
attention  of  which  the  occasion  allowed,  the  party  rode  off  to 
the  field  where  Stevens,  had  first  received  the  alarm,  being  fol- 
lowed by  Deacon  Eix  and  several  other  persons  on  foot. 

On  reaching  this  spot,  the  women  and  children  were  left  in 
charge  of  a  Mr.  Burroughs,  while  Stevens,  full  of  concern  for 

25 


386  HISTOKT    OF   EASTERN   VERMONT.  [1780. 

his  family,  again  set  out  for  his  home.  He  had  gone  about  half 
a  mile  when  he  discerned  the  Indians  approaching.  As  they 
were  but  a  few  rods  distant,  he  instantly  turned  about,  and  com- 
ing up  with  the  company  he  had  left,  entreated  them  to  take 
to  the  woods  immediately.  Following  his  advice  they  were 
soon  concealed  in  the  neighboring  thicket,  where  they  remained 
undiscovered  by  the  foe.  Passing  down  the  road  a  half  mile 
further,  Stevens  came  in  sight  of  the  house  of  his  father-in-law, 
Tilly  Parkhurst.  Here  he  found  his  sister  engaged  in  milking, 
and  entirely  unconscious  of  the  approach  of  the  foe.  Telling 
her  to  "  leave  her  cow  immediately  or  the  Indians  would  have 
her,"  he  left  her  to  secure  her  own  retreat.  By  the  time  he  had 
gained  the  house,  the  Indians  were  not  more  than  eighty  or  an 
hundred  rods  in  the  rear.  Fear  had  so  taken  possession  of  the 
half-crazed  inhabitants  that  it  was  impossible  to  persuade  or 
compel  them  to  take  refuge  in  the  woods.  Choosing  the  road, 
they  kept  it  as  well  as  their  terrible  fright  and  exhaustion  would 
allow  until  they  reached  the  house  of  Capt.  E.  Parkhurst  in 
Sharon.  Here  they  halted  for  a  few  moments,  but  their  pursu- 
ers appearing  in  sight,  they  were  compelled  again  to  push  for- 
ward in  order  to  escape  impending  destruction.  The  few  horses 
which  the  terrified  inhabitants  had  succeeded  in  securing,  could 
not  carry  but  a  small  portion  of  those  who  had  now  assembled, 
and  there  was  but  little  time  for  consultation  or  suggestion. 
Placing  his  mother  and  sister  upon  his  own  horse,  and  Mrs.  Rix 
and  her  three  children  on  another,  Stevens  bade  them  ride  on 
with  all  possible  speed,  while  he  should  follow  with  several 
others  on  foot.  Mrs.  E.  Parkhurst  and  her  children  who  were  left 
at  the  house,  expected  nothing  but  instant  death  from  the  hands 
of  the  enemy.  On  their  a23proach,  however,  having  taken  her 
eldest  son  prisoner,  they  ordered  her  and  her  five  children  to 
leave  the  house.  Obeying  these  commands,  she  fled  to  the 
woods  and  there  remained  in  safety  until  the  foe  had  left  the 
place. 

Soon  after  Stevens  had  started  with  those  who  were  on  foot, 
his  dog  coming  in  his  way  caused  him  to  stumble,  and  so  im- 
peded his  progress  that  he  was  obliged  to  take  to  the  woods  to 
save  his  life.  The  Indians  pursuing  with  frightful  yells,  the 
unprotected  pedestrians  who  had  been  so  unfortunately  de- 
prived of  their  protector,  soon  overtook  them.  But  the  enemy 
were  too  intent  on  plunder  to  be  impeded  by  a  great  number 
of  captive  women  and  children,  and  of  this  company  Gardner 


17S0.]  SETTLERS   MADE   PRISONERS    BY   THE   INDIANS.  oS7 

Rix,  a  boy  about  fourteen  years  old,  was  alone  made  prisoner. 
Approacliing  the  house  of  Mr.  Benedict,  and  having  noticed 
him  on  the  opposite  side  of  a  small  stream  which  flowed  near  by, 
the  Indians  beckoned  to  him  to  come  over  to  them.  Instead  of 
seconding  their  wishes,  he  quietly  stole  away  and  secreting 
himself  under  a  los;,  remained  in  safetv  till  the  danger  had 
l^assed.  While  in  this  situation,  the  enemy  in  pursuit  of  him 
were  at  one  time  standing  on  the  very  log  which  gave  him 
concealment,  and  he  learned  by  their  conversation  that  they 
were  resolved  to  tomahawk  him  should  they  find  him.  After 
going  down  the  river  about  forty  rods  further,  and  capturing  a 
young  man  named  Avery,  they  concluded  to  return.  Coming 
to  the  house  of  Tilly  Parkhurst,  situated  about  six  miles  from 
the  place  where  they  entered  Royalton,  they  fired  at  his  son, 
Phineas,  who  had  just  returned  from  the  east  side  of  the  river, 
whither  he  had  been  to  spread  the  alarm.  The  ball  entered 
his  back,  and  passmg  through  his  body  lodged  in  the  skin  in 
front.  Notwithstanding  the  wound,  being  able  to  ride,  he  pur- 
sued his  course  towards  Lebanon,  ISTew  Hampshire,  distant 
sixteen  miles,  and  reached  that  place  in  safety,  having  during 
the  whole  journey  been  obliged  to  support  the  ball  between  his 
fingers  to  prevent  irritation. 

The  Indians  who  went  down  on  the  east  side  of  the  river, 
having  gone  as  far  as  the  house  of  Captain  Gilbert,  in  Sha- 
ron, made  captive  his  nephew,  Nathaniel  Gilbert,  and  set 
out  on  their  return.  As  they  retraced  their  steps,  they  fired 
every  building  within  sight,  devastated  fields,  destroyed  cattle, 
wasted  the  garnered  crof)s,  and  spread  desolation  and  destruc- 
tion with  unsparing  hand. 

Daniel  Havens — whose  escape  has  been  already  mentioned — 
as  soon  as  the  savages  had  gone,  ventured  from  his  hiding- 
place,  and  coming  to  the  house  of  General  Stevens,  gave  notice 
that  the  Indians  were  "  as  thick  as  the  devil,"  and  left  the 
family  to  their  fate.  A  boy  named  Daniel  Waller,  who  lived 
at  the  house,  hearing  that  the  Indians  were  coming,  started 
immediately  to  bear  the  information  to  the  General,  but  had 
proceeded  a  short  distance  only  when  he  was  met  and  captured 
by  the  foe.  Mrs.  Stevens,  who  had  received  the  first  intimation 
of  their  approach  from  the  terrified  Havens,  had  but  just  arisen 
from  bed  with  her  infant  in  her  arms,  when  the  third  party 
who  had  gone  up  the  river  entered  the  house.  Having 
searched  the  dwelling  for  men,  but  without  success,  they  car- 


388  HISTORY    OF   EASTERN    VERMONT.  [1780. 

ried  the  beds  out  of  doors,  and,  cutting  them  open,  tlirew  the 
feathers  in  the  air  and  amused  themselves  by  watcliing  tlieir 
eddying  convokitions.  After  phmdering  the  house,  they  bade 
Mrs.  Stevens  "  be  gone  or  they  would  burn."  Glad  of  an  op- 
portunity to  escape,  she  hastened  with  her  child  to  the  adjacent 
woods,  where  she  remained  imtil  the  enemy  had  left  the  town. 
After  firing  the  dwelling  and  barn  they  passed  up  the  river  as 
far  as  Mr.  Durkee's,  where  they  took  two  of  his  sons,  Adam  and 
Andrew,  prisoners.  Attracted  by  a  smoke,  they  directed  their 
course  towards  it,  and  finding  a  young  man,  named  Prince 
Haskell,  busily  engaged  in  clearing  land  for  a  settlement,  added 
him  to  the  number  of  tlieir  captives. 

At  the  house  of  Elias  Curtis  they  took  him  and  Peter  Mason 
prisonei*s,  and  commenced  the  work  of  ])lunder.  While  thus 
engaged,  John  Kent  rode  up  to  the  door,  intending  to  get  his 
horse  shod,  but  had  scarcely  dismounted  when  he  was  seized  by 
the  hair  of  his  head  and  pulled  violently  over,  backwards.  A 
man  named  Chaffee  who  was  approaching,  seeing  that  Kent 
had  been  taken,  jumped  from  his  horse,  and  by  pursuing  a 
course  which  enabled  him  to  use  a  blacksmith's  shop  to  cover 
his  retreat,  effected  his  escape.  He  immediately  set  out  for  the 
house  of  Mr.  Ilendee,  where  he  lived,  and  on  reaching  it  gave 
notice  of  the  on-coming  danger.  Ilendee,  having  directed  his 
wife  to  take  her  little  boy  about  seven  years  old,  and  lier 
daughter  still  younger,  and  hasten  to  the  house  of  a  neighbor, 
started  to  go  to  Bethel  for  the  purpose  of  giving  the  alarm  at 
the  fort.  Mrs.  Hendee  had  not  proceeded  far  when  she  was 
met  by  a  party  of  Indians  who  deprived  her  of  her  son. 
Anxious  for  his  fate  she  asked  what  they  intended  to  do  with 
him.  They  told  her  they  should  "  make  a  soldier  of  him,"  and 
then  hurried  him  away,  while  the  weeping  mother  hstened  to 
his  cries  for  help,  as  he  vainly  endeavored  to  free  himself  from 
the  grasp  of  his  savage  masters.  Having  returned  to  the  house 
of  Mr.  Havens  with  their  prisoners  and  plunder,  they  divided 
the  latter  between  the  different  members  of  the  party,  and, 
having  set  fire  to  the  house  and  barn,  started  for  Canada, 
between  two  and  three  o'clock  in  the  afternoon.  Crossing  the 
hills  in  Tunbridge,  lying  west  of  the  fii*st  branch  of  White  river, 
they  proceeded  to  Pandolph,  in  which  town  they  encamped  on 
the  banks  of  the  second  branch  of  White  river,  having  gone  the 
distance  of  ten  miles. 

As  the   attack  had  been  so  sudden  and   unexpected,   the 


17S0.]  MEASURES    DEFENSIVE   AKD   OFFENSIVE.  389 

inhabitants  had  not  only  been  unable  to  combine  for  resistance, 
but  had  in  many  cases,  through  terrible  fear,  failed  to  exert  the 
ordinary  means  of  self-preservation.  So  many  hours  had  now 
passed  since  the  first  appearance  of  the  Indians,  that  the  alarm 
had  spread  far  and  near,  and  had  caused  the  most  intense  agi- 
tation. As  the  news  was  borne  through  the  villages  that  border 
the  banks  of  the  Connecticut,  the  bold  father  and  the  impetu- 
ous son,  the  hired  laborer  and  the  flourishing  farmer,  all  who 
could  be  spared  with  safety,  left  their  firesides  and  homes  with- 
out further  warning,  and  marched  directly  to  the  scene  of 
plunder  and  devastation.  By  evening  several  hundreds  of 
resolute  men  had  collected  at  the  place  where  the  attack  was 
first  commenced,  ready  to  adopt  such  measures  as  the  emergency 
demanded. 

Here  a  company  was  organized,  and  CoL  John  House,  of 
Hanover,  New  Hampshire,  who  had  served  several  campaigns 
in  the  continental  army,  was  chosen  commander.  In  the  dark- 
ness of  midnight,  through  a  waste  wilderness,  "  guided  by  a  few 
marked  trees  amidst  the  logs,  rocks,  and  hills,  with  which  the 
country  abounded,"  this  undisciplined  corps  began  their  march 
in  quest  of  the  savage  army.  Continuing  their  pursuit  with 
ardor,  they  reached  the  spot  where  the  last  houses  had  been 
destroyed,  and,  becoming  aware  that  they  were  approaching  the 
enemy,  proceeded  with  more  caution.  The  Indians  had  placed 
their  sentries  nearly  half  a  mile  in  the  rear  of  their  encamp- 
ment, at  a  spot  situated  a  few  rods  from  the  river.  'Near  this 
spot  was  a  small  hill,  and  by  the  side  of  the  adjacent  path  stood 
a  number  of  large  trees  behind  which  were  posted  the  Indian 
guards.  A  large  log  was  the  only  bridge  provided  for  crossing 
the  river,  and  this  served  for  foot-passengers  only.  Some  of 
House's  men  were  mounted,  others  were  on  foot,  and  their  pre- 
carious situation  at  the  river  rendered  it  necessary  for  them  to 
observe  the  utmost  circumspection.  The  front  guard  passed 
the  log  and  the  Indian  sentries  in  safety.  About  one  third  of 
the  main  body  had  crossed  the  stream,  and  the  van  had  arrived 
within  a  few  yards  of  the  enemy's  guards,  when  they  were  fired 
on  from  behind  the  trees  and  one  man  was  wounded.* 

*  The  person  wounded  on  this  occaBion  was  Charles  Tilden.  He  was  a  resi- 
dent of  Dresden,  a  certain  district  in  New  Hampshire,  belonging  to  Dartmouth 
CoUege,  which  was  then  known  by  this  name.  Among  the  MSS.  in  the  office  of 
the  Secretary  of  the  state  of  Vermont  is  a  petition  for  a  pension,  signed  by 
Charles  Tilden,  dated  January  30th,  1782,  in  which  it  is  stated,  "that  on  the 


390  HISTORY   OF   EASTERN   VERMONT.  [1780. 

Tlie  fire  was  retui-ned  by  tlie  Americans.  One  of  tlic  Indians 
was  killed  and  two  were  wounded.  The  sentries  then  left  their 
ambush  and  ran  off  to  the  Indian  camp,  while  House's  men 
advanced  a  little  further  and  then  formed  themselves  within 
three  hundred  yards  of  the  enemy's  rendezvous  and  awaited  the 
approach  of  day.  "Great  consternation,"  observes' Williams, 
"  now  prevailed  among  the  savages.  Much  fatigued,  and  in  a 
profound  slumber  after  one  of  their  ravenous  suppers,  the  alarm 
tilled  them  with  fear  and  confusion."  But  they  were  not  de- 
ficient in  stratagem,  nor  destitute  of  policy.  Taking  one  of  their 
prisoners  named  Kneeland,  an  aged  man,  they  sent  him  to  the 
Americans,  with  the  information  that  the  Indians  woukl 
instantly  put  all  the  captives  to  death,  should  an  attack  be 
made.  To  Giles  Gibbs  and  Joseph  Kneeland  the  rage  of  the 
savages  had  already  proved  fatal.  The  former,  expecting  that 
his  friends  would  relieve  him  and  his  companions,  had  refused 
to  march.  He  was  afterwards  found  with  a  tomahawk  buried 
deep  in  his  head.  The  latter  was  killed  and  scalped  to  avenge 
the  death  of  the  Indian  who  had  been  shot  by  the  Americans, 
As  soon  as  the  old  man,  luieeland,  had  been  sent  to  the  cam]> 
of  the  pursuers,  the  Indians  renewed  their  flight  with  the 
utmost  expedition,  leaving  at  their  encampment,  a  large 
quantity  of  the  plunder,  and  nearly  all  the  horses  they  had 
taken.  Having  placed  their  best  warriors  in  the  rear  to  cover 
their  retreat,  they  crossed  White  river,  early  on  the  morning 
of  the  17th,  proceeded  up  the  west  bank,  and  having  made 
prisoner  of  Zadock  Steele,  who  resided  in  the  north  part  of 
Randolph,  passed  through  the  west  part  of  Brookfield,  and  on 
reaching  Berlin  encamped  on  Dog  river,  not  many  miles 
from  the  place  where  the  capital  of  the  state  is  now  located. 
To  secure  the  captives  more  effectually  at  night,  a  rope  was 
passed  around  their  bodies  as  they  lay  upon  the  ground,  and 
between  each  of  them  and  upon  the  rope  was  placed  an  Indian. 
By  this  device  no  two  of  the  prisoners  were  allowed  to  lie  toge- 
ther, and  attempt  at  escape  was  rendered  useless. 

alarm  when  Royalton  was  destroyed  in  October,  1180,  he  served  as  a  sergeant  in 
the  company  of  militia  under  the  command  of  Capt.  Sam.  McClure,  in  pursuit  of 
the  enemy,  and  being  detached  with  a  reconnoitering  party  fell  in  with,  and  was 
fired  on  by  the  enemy's  guard,  by  which  he  was  wounded,  by  receiving  a 
poisoned  ball  through  his  arm,  by  which  he  was  rendered  unable  to  do  any  kind 
of  business  for  two  months  ;  that  he  was  the  only  person  wounded  in  the  party 
who  pursued  the  enemy  on  this  occasion,"  <fec. 


ITSO.]  EETKEAT   OF   THE   MARArPERS.  391 

Continuing  tlieir  course  down  Dog  river,  the  party  struck 
Onion  river,  along  which  they  passed  until  they  reached  Lake 
Champlain  on  the  20th.  Here  the  Indians  found  the  batteaux 
in  which  they  had  come  on  their  march  to  Royalton.  Em- 
barking in  these,  they  with  their  captives  commenced  their 
journey  down  the  Lake,  and  after  stopping  at  Grand  Isle  and 
the  Isle  aux  Noix,  reached  St.  John's  on  the  22d,  having  been 
nearly  seven  days  on  the  route.  On  the  following  day  the 
captives  were  taken  to  Caughnawaga,  where  many  of  them 
were  temporarily  adopted  by  the  Indian  families  resident  at 
that  place.  After  remaining  in  this  condition  for  a  few  weeks, 
they  were  taken  to  Montreal  in  the  latter  part  of  November, 
and  were  there  sold  to  the  British  as  prisoners  of  war  "  for  a 
half  Joe"  each.  Of  the  twenty-five  who  were  carried  away, 
one,  Adam  Durkee,  died  while  in  captivity.  Twenty-three 
were  exchanged  or  redeemed,  and  returned  to  their  friends 
during  the  ensuing  summer.  The  remaining  prisoner,  Zadock 
Steele,  after  enduring  a  long  confinement  and  being  subjected 
to  many  hardships,  finally  eifected  his  escape,  and  reached  the 
home  of  his  parents  in  Ellington,  Connecticut,  on  the  lYth 
of  October,  1782,  just  two  years  from  the  day  on  which  he  was 
taken  by  the  Indians  at  Randolph. 

After  receiving  the  message  from  the  Indians  in  which  they 
declared  that  they  would  destroy  their  captives  should  an 
attack  be  attempted  ;  House  and  his  men  determined  to  abide 
where  they  were  until  morning.  It  was  then  discovered  that 
the  enemy  had  left  their  encampment,  l^otwithstanding  this 
discovery,  the  company  marched  about  five  miles  further  to 
Brookfield.  Finding  all  things  quiet  at  this  place,  and  judging 
that  pursuit  would  be  useless,  they  retraced  their  steps  and 
returned  to  their  homes.  In  commenting  upon  the  conduct  of 
House  and  his  men,  AYilliams  observes,  they  "  lost  the  opportu- 
nity of  attacking  the  enemy  to  advantage,  by  their  caution  and 
delay."  In  his  account  of  the  "  Burning  of  Boyalton,"  Steele 
remarks  of  House,  "  had  he  possessed  courage  and  skill  ade- 
quate to  the  duties  of  his  station,  he  might  have  defeated  the 
enemy,  it  is  thought,  without  the  least  difficulty,  and  made 
them  all  prisoners."  To  one  acquainted  with  the  facts  as  they 
have  been  transmitted  by  those  who  have  written  on  the 
subject,  these  conclusions  appear  to  be  far  from  just.  Con- 
versant with  the  Indian  character ;  aware,  that  to  a  savage  the 
name  of  foe  is  a  warrant  for  any  deed  of  cruelty  ;  satisfied  that 


392  HISTOEY    OF   EASTERN    VERMONT.  [1780. 

in  the  present  instance,  notliing  would  be  spared  bj  the  enemy 
to  prevent  a  defeat  in  case  an  attack  should  be  made ;  and 
unwilling  that  the  captives  should  be  sacrificed  through  any- 
vain  desire  of  liis  own  for  a  victory,  which  to  say  the  least,  he 
was  not  sure  of  gaining.  House  refused  to  lead  his  men  in  a 
contest,  whose  result  would  have  been  the  certain  murder  of 
twenty-five  persons,  and,  without  doubt,  the  slaughter  of  many 
of  his  own  men.     We  are  told  that 

"  The  better  part  of  valor  is — discretion."* 

Judged  by  this  maxim.  Col.  House  at  once  assumes  the 
character  of  the  prudent  soldier.  Viewed  in  the  light  of  a 
noble  humanity,  his  conduct  appeai-s  in  the  highest  degree 
praiseworthy  and  magnanimous. 

Upon  a  review  of  the  losses  of  the  day,  it  was  found  that  the 
Indians  had  burned  one  house  in  Tunbridge,  two  houses  in 
Sharon,  twenty-one  in  Koyalton,  several  in  Randolph,  and  six- 
teen new  barns  variously  located,  which  were  filled  with  hay 
and  grain  ;  that  they  had  slaughtered  about  one  hundred  and 
fifty  head  of  neat  cattle,  and  all  the  sheep  and  swine  they  could 
find ;  and  had  destroyed  all  the  household  furniture  which  they 
could  not  take  with  them.  As  on  other  occasions,  so  now, 
their  attachment  to  devastation  and  plunder  was  unabated. 
The  packs  with  which  they  laded  their  captives  on  their  retreat 
from  Eoyalton,  were  filled  with  plunder  of  every  kind.  Axes, 
hoes,  pots,  kettles,  shovels,  tongs,  sickles,  scythes,  and  chains 
were  mingled  in  abnost  inextricable  confusion ;  and  the  backs 
of  many  of  the  party  supported  old  side-saddles,  bed-ticks, 
warming-pans,  plates,  lookmg-glasses,  frying-pans,  spiders,  and 
many  farming  implements — as  well  as  household  utensils.  In 
their  conduct,  the  Indians  in  this  inroad  displayed  less  of  the 
savage  character  than  is  usual  on  such  occasions.  As  a  general 
rule  they  were  eager  to  take  as  captives  the  yomig  men  and 
those  who  were  in  middle  life  ;  but  they  did  not  seem  desirous 
either  to  carry  off  the  women  or  female  children,  or  to  commit 
violence,  except  in  extraordinary  cases.  After  they  had 
burned  the  house  of  John  Hutchinson,  they  evinced  a  kind  of 
savage  satire,  by  giving  his  wife  a  hatchet  and  a  flint,  together 
with  a  quarter  of  mutton,  and  bidding  her  "  go  and  cook  for 
her  men."  On  reaching  the  dwelling  of  Elias  Curtis,  they 
broke  into  his  wife's  apartment,  and  having  discovered  Mrs. 


1780.]  ADVENTrKES   OF   CAPTIVES.  393 

Curtis  who  had  just  arisen,  for  it  was  yet  early  morning,  one 
of  the  Indians  seized  her  by  the  throat,  and  brandishing  a  large 
knife  was  apparently  intending  to  destroy  her,  when  his  atten- 
tion was  arrested  by  a  string  of  gold  beads  which  she  wore 
about  her  neck.  More  avaricious  than  cruel,  his  knife  de- 
scended only  to  part  the  string  on  which  they  were  collected, 
and  Mrs.  Cui'tis,  although  no  Eomanist,  was  actually  saved  by 
her  beads. 

During  the  destruction  of  Royalton,  two  women  who  had  been 
aroused  from  sleep  by  the  appearance  of  a  number  of  the  Indians, 
who  entered  their  dwelling  in  the  grey  of  morning,  were  so 
much  terrified  at  the  sight,  that  losing  for  a  time  their  self-com- 
mand, they  went  out  of  doors,  clad  only  in  their  night  garments, 
and  stood  motionless  by  the  side  of  their  dwellings  until  the  In- 
dians brought  them  their  clothing.  Aroused  from  their  stupor 
of  fear  by  this  act  of  kindness,  they  put  on  their  apparel,  and, 
taking  two  or  three  small  children  and  a  young  woman  with 
them,  fled  to  the  woods.  One  woman  residing  in  the  western 
part  of  the  same  town,  was  sufficiently  courageous  to  reproach 
the  savages  for  their  conduct  in  distressing  females  and  children, 
and  in  a  taunting  manner,  told  them,  that  "  if  they  had  the 
spirits  and  souls  of  men,"  they  would  cross  "White  river,  and 
attack  the  fort  at  Bethel.  They  bore  her  remarks  with  patience, 
their  only  reply  being,  "  Squaw  should  not  say  too  much." 
After  plundering  one  of  the  houses,  the  Indians  had  carried  the 
pillage  and  piled  it  in  a  heap  before  the  door.  As  they  stood 
around  it,  selecting  such  articles  as  they  liked  best,  a  woman 
chanced  to  espy  her  gown  amid  the  mass,  and  forthwith  took 
it.  Upon  this  an  Indian,  who  claimed  her  as  his  captive,  club- 
bed his  gun  and  knocked  her  down.  Recovering  from  the 
effects  of  the  blow,  she  waited  till  her  master  had  carried  the 
gown  to  another  heap,  and  had  become  engaged  in  adding  to 
the  plunder  already  collected.  She  then  approached  the  pile 
which  was  surrounded  by  the  savage  crowd,  and  seizing  her 
gown  the  second  time,  succeeded  in  bearing  it  away,  holding 
at  the  same  time,  one  child  in  her  arms,  and  leading  another 
by  the  hand. 

But  the  exploits  of  Mrs.  Hendee  mark  her  as  the  herome  of 
the  occasion.  After  the  attack  had  been  made  upon  her  hus- 
band's house,  she,  by  his  advice,  started  for  a  neighboring 
dwelling  with  her  little  boy  and  girl.  While  on  the  road  she 
was  met  by  a  party  of  Indians  who  took  her  son,  but  left  her 


394  nisTORT  OF  eastern  termont.  [1780. 

daughter  with  her.  Possessing  "  uncommon  resohition,  and 
great  presence  of  mind,"  she  determined  to  rescue  her  son  from 
the  hands  of  his  captors.  Taking  her  little  girl  by  the  hand, 
she  proceeded  down  the  river  on  foot,  until  she  discovered  a 
large  body  of  Indians  stationed  on  the  opposite  shore.  Wishing 
to  find  the  oflicer  in  command,  she  set  out  to  cross  the  river, 
and  was  j^reparing  to  ford  the  stream,  when  she  was  met  by  an 
Indian  who  by  signs  asked  her  whither  she  was  going.  Having 
made  known  to  him  her  intentions,  he  in  a  fit  of  good  humor 
or  gallantry,  or  perhaps  both,  offered  to  take  her  over  on  his 
back.  She  refused  his  proposal,  but  allowed  him  to  carry  her 
child.  The  Httle  girl  protested  against  this  proceeding,  declar- 
ing that "  she  didn't  want  to  ride  the  old  Indian,"  but  becoming 
reconciled  to  her  steed,  the  three  entered  the  water.  Tliey 
had  gone  nearly  half  across  the  stream,  when  the  current  be- 
coming more  rapid,  the  poUte  Indian  in  order  to  reassure  Mre. 
Hendee,  patted  her  on  the  shoulder,  and  signified  to  her  his 
readiness  to  assist  her  to  the  other  side  when  he  had  taken  her 
child  over,  provided  she  would  wait  upon  a  rock  near  by, 
whose  surface  was  above  the  water.  Tliis  time  she  did  not 
reject  his  ofier.  Clambering  up  on  the  rock,  she  there  remain- 
ed until  he  returned.  True  to  his  word  he  then  took  her  pick- 
back,  and  carrying  her  to  the  other  side,  landed  her  as  he  had 
her  daughter,  in  safety. 

Hastening  to  Horton,  she  implored  him  to  restore  her  child. 
She  was  informed  that  he  would  not  be  hurt,  but  with  othei"s 
would  be  trained  as  a  soldier.  HI  satisfied  with  this  reply,  she 
continued  her  pious  importunity^,  until  the  British  lieutenant 
assured  her  that  he  would  release  him.  On  the  arrival  of  the 
company  in  whose  charge  the  boy  had  been  placed,  Horton  pre- 
vailed on  the  Indians  to  give  him  up  to  his  mother.  Having  been 
successful  in  this  undertaking,  she  endeavored  to  procure  the 
release  of  some  of  her  neighbors'  children.  At  this  juncture, 
she  was  compelled  by  the  cruel  threats  and  actions  of  one  of 
the  savage  party,  again  to  relinquish  her  son.  A  second  time 
did  she  appeal  to  Horton  for  aid,  and  again  succeeded  in  libe- 
rating her  offspring.  She  now  set  out  on  her  return,  having  in 
her  charge  her  own  little  girl,  and  eight  boys,  whose  freedom 
she  had  obtained.  On  reaching  the  stream,  Mrs.  Hendee  car- 
ried two  of  the  children  across  it  on  her  back,  one  at  a  time,  as 
she  a  little  while  before  had  been  borne  by  the  Indian.  Tlie 
rest  forded  the  river  together,  their  arms  being  placed  around 


1780.]  PRECAUTIONS.  395 

each  otlier's  necks,  that  they  might  the  better  withstand  the 
force  of  the  current.  She  was  welcomed  with  great  joy  on  her 
return,  and  for  many  years  after  hved  to  receive  the  oft-repeated 
thanks  of  those  whose  children  she  had  been  the  instrument  of 
releasing  from  a  captivity  whose  terrors  were  akin  to  the  terrors 
of  death. 

During  the  succeeding  winter,  the  sufferers  by  this  sad  cala- 
mity, found  a  shelter  in  the  homes  of  theii'  more  fortunate 
neighbors  and  friends,  and  experienced  a  sympathy  which  was 
peculiarly  grateful  to  them,  when  compared  with  the  treatment 
they  had  received  from  the  savage  foe.* 

Warned  by  the  destruction  of  Royalton,  the  inhabitants  of 
Cumberland  county  assembled  in  their  respective  towns  to 
take  measures  for  the  promotion  of  the  common  safety,  and  the 
more  effectual  protection  of  the  settlements.  The  result  of 
these  meetings  was  an  understanding  that  every  able-bodied 
man  should  hold  himself  in  readiness  at  a  minute's  warning, 
both  for  particular  and  general  defence.  In  the  midst  of  these 
proceedings  the  community  were  alarmed  by  reports  of  the 
presence  of  hostile  bands  of  Indians  within  the  state.  An 
excellent  opportunity  was  now  afforded  for  the  exercise  of  that 
activity  which  had  been  declared  essential  to  the  safety  of  lite 
and  property.  Not  confined  to  the  locality  at  which  it  began, 
the  alarm  pervaded  the  southern  part  of  the  county,  and  was 
the  most  extensive  panic  experienced  in  Yermont  during  the  war. 

The  last  day  of  October  was  glorious  in  autumnal  beauties, 
and  the  bright  sun,  as  he  pursued  his  way  through  the  cloudless 
heavens,  glanced  at  the  dying  leaves  of  the  ended  summer, 
and  tinged  their  changing  forms  with  the  hues  of  the  rainbow.f 
Favored  by  the  weather,  a  party  of  gentlemen  were  engaged  in 

*  In  a  little  work  entitled  "  The  Indian  Captive ;  or  a  Narrative  of  the  Cap- 
tivity and  Sufferings  of  Zadock  Steele,"  printed  at  Montpelier,  in  1818,  the  hard- 
ships of  one  of  the  prisoners  taken  at  the  burning  of  Royalton,  during  a  con- 
finement of  two  years,  are  described  by  himself  in  a  quaint  and  entertaining 
manner.  From  "An  Account  of  the  Burning  pf  Royalton"  prefixed  to  this 
"  Narrative,"  many  of  the  facts  stated  in  the  text,  have  been  taken.  Frequent 
reference  has  also  been  had  to  Williams's  Hist.  Vt ,  Ed.  2d,  ii.  235-242. 

■\  Thompson  says,  in  one  account,  that  this  alarm  occurred  "  a  few  days  after 
the  burning  of  Royalton;"  in  another,  "on  the  25th  of  November,"  and  in  a 
third,  "  on  the  eve  of  the  last  day  of  October,"  and  in  a  note  calls  attention  to 
a  discrepancy  in  the  dates.  The  date  in  the  text  rests  on  the  authority  of  the 
researches  of  the  Rev.  Ephraim  H.  Newton,  embodied  in  his  MS.  "  History  of  the 
Town  of  Marlborough." 


39C  HISTORY    OF   EA8TEKN    YKKMoNT.  [17S0. 

Burveying  tlic  lands  wliicli  border  the  inai-giu  of  Grassy  liruok, 
in  the  town  of  Brookline.  While  thus  occupied,  they  were  seen 
by  some  sportsmen  who  were  hunting  on  Putney  "  West  Hill." 
One  of  the  latter,  named  Reed,  who  had  often  boasted  of  his 
ability  to  imitate  the  Indian  war-whoop,  took  this  occasion  to 
display  his  peculiar  vocal  powers,  and  substantiated  his  vaunt 
by  giving  and  repeating  again  and  again  the  shriek  of  the 
savage,  with  an  accuracy  terrible  as  reality.  Startled  by  the 
fearful  sound,  the  surveyors  collected  their  instruments,  and 
made  a  precipitate  retreat,  announcing  the  approach  of  the 
Indians  to  all  whom  they  met.  Two  men  who  were  cutting 
wood  in  a  remote  part  of  the  town  of  Athens,  heard  the  shrill 
cries,  and,  imagining  them  to  be  the  yells  of  Indians,  quitted 
their  work,  and  with  true  benevolence  spread  the  alarm  in  all 
directions.  Tlie  dread  of  the  savage  foe  and  the  recollection 
of  the  fearful  scenes  which  had  been  so  lately  witnessed  gave 
rise  to  the  most  awful  apprehensions.  The  idea  of  awaitmg  the 
appearance  of  the  enemy  was  not  for  a  moment  entertained. 
To  prepare  for  defence  was  deemed  useless.  Flight  presented 
the  only  means  of  safety,  and  this  means  was  instantly  adopted 
by  all  who  received  the  terrible  tidings.  The  cattle  were  left 
in  the  stalls,  dwellings  were  deserted,  and  the  last  look  was 
taken  at  homes  which,  it  was  supposed,  were  never  again  to  be 
recoo-nised  save  in  the  ashes  of  their  ruin.  "Women  with  their 
infant  children  mounted  the  few  horses  that  were  to  be  had,  and 
rode  off  with  desperate  speed,  leaving  those  who  were  more  hardy 
to  follow  on  foot.  So  frightful  was  the  panic,  that  in  some 
instances  teams  were  left  harnessed  in  the  fields,  ovens  which 
were  being  heated  were  allowed  to  grow  cool  at  leisure,  and 
victuals  which  were  being  cooked  were  permitted  to  take  their 
chances  at  the  blazing  hearthstones.*  As  the  terrified  inhabit- 
ants hastened  their  perilous  flight,  dangers  seemed  to  thicken 
around  them,  and  "  to  their  bewildered  imaginations  every 
noise  became  the  yell  of  the  savage,  and  every  rock  and  eveiy 
tree  of  the  forest  a  lurking  place  for  the  cruel  foe." 

Dm-ing  the  pleasant  day  the  "  industrious  inhabitants  "  of 
Newfane  had  been  busily  engaged  in  clearing  land,  and  collecting 
in  piles  the  brushwood  and  old  logs,  to  be  burned.  As  evening 
came  on,  lowering  clouds  began  to  gather,  and  soon  the  snow 

*  "  Jonathan  Perham  and  family  decamped  in  Buch  haste  that  they  left  their 
oven  heating  and  their  oxen  tied  to  a  tree."    Thompson's  Vt,  Part  IIL  p.  G. 


1780.]  A  FALSE  ALARM.  397 

commenced  falling.  The  opportunity  was  favorable  for  com- 
pleting the  day's  work  successfully.  The  huge  heaps  were  fired, 
and  the  diligent  farmers  heard  with  satisfaction  the  crackling  of 
the  dry  boughs,  and  watched  with  pleasure  the  brilliant  masses 
of  light  which  flamed  upward  amid  the  thick  black  smoke. 
The  fugitives  from  the  supposed  enemy,  as  they  turned  for  a  mo- 
ment in  their  distressing  flight,  and  gazed  at  the  strange  fires, 
which,  seen  through  the  falling  snow,  glared  with  unnatural  and 
baleful  splendor,  were  now  convinced  that  the  Indians  had  pillaged 
the  deserted  dwellings,  and  wrapped  them  in  one  common  con- 
flagration. The  report  was  spread  through  the  neighboring 
towns  that  "  every  log  house  in  the  pleasant  vales  and  upon  the 
heights  of  Newfane"  and  Athens  had  been  destroyed,  and  the 
fearful  question  followed  as  to  where  the  next  blow  would  fall. 
In  the  more  distant  towns  watches  were  set,  dwellings  were 
guarded,  firelocks  were  loaded,  ammunition  was  prepared,  and 
means  of  escape  were  provided  in  case  defence  should  fail. 
Sleep  was  a  stranger  to  every  eye,  and  the  whole  night  was  sj^ent 
in  expectation  of  the  approach  of  the  merciless  foe. 

The  alarm  having  reached  Dummerston,  Captain  Myrick  sent 
a  letter  by  express  to  Colonel  Sargeants  of  Brattleborough,  with 
the  information  that  the  enemy  had  reached  Kewfane.  The 
energetic  Colonel  gave  immediate  notice  to  Mr.  Stockwell,  who 
resided  in  the  eastern  part  of  Marlborough,  to  call  out  the  town 
militia  for  the  purpose  of  repulsing  the  Tories  and  Indians.  On 
the  1st  of  November,  general  orders  were  issued  for  the  soldiei's 
to  rendezvous,  and  for  the  families  to  avoid  the  enemy  as  best 
they  could.  Companies  from  Westminster,  Brattleborough,  and 
Marlborough,  were  soon  en  route  for  the  place  whence  the  alarm 
had  proceeded.  The  snow  which  had  fallen  during  the  night 
now  lay  deep  upon  the  ground,  and  the  trees  were  so  heavily 
laden  as  to  bend  in  every  direction.  Having  gone  three  miles 
on  the  road  to  Newfane,  the  soldiers  became  satisfied  that 
neither  Tories  nor  Indians  could  so  far  surmount  the  obstruc- 
tions which  nature  was  so  bountifully  providing,  as  to  extend 
their  ravages,  and  forthwith  returned  home.  Meanwhile  com- 
panies from  Halifax  and  from  Colrain  in  Massachusetts,  had 
assembled  at  Brattleborough,  but,  owing  to  the  disbelief  which 
began  now  to  prevail  in  regard  to  the  presence  of  the  enemy, 
they  proceeded  no  further.  Others  who  had  set  out  from  points 
neai-er  to  the  supposed  scene  of  ten-or,  marched  into  a  deserted 
town,  and  entered  forsaken  but  unharmed  houses,  having  found 


398  HISTORY   OF   EASTERN   VERMONT.  [1780. 

nothing  to  hinder  theii*  advance  save  the  deepening  snows  of  a 
Yermont  winter. 

The  aLarm  reached  Marlborough  in  the  afternoon  of  tlie  day 
on  which  it  began.  Notwithstanding  the  severity  of  the  storm, 
women  and  children  left  their  houses,  assembled  near  the  centre 
of  the  town,  and  commenced  their  march  south,  headed  by  their 
pastor,  the  Eev.  Gershom  C.  Lyman  and  his  friend  Col.  Zadock 
Granger.  Tlieir  progress  was  slow,  and  after  advancing  a  few 
miles  they  w^ere  obliged  to  stop  and  obtain  shelter  for  the  night. 
Tliose  from  Athens  who  had  fled  cast  had  received  accessions 
to  their  number  in  their  journey,  and  on  reaching  Putney,  their 
party  amounted  to  between  two  hundred  and  three  hundred. 
Some  of  the  sick  and  infirm  had  been  brought  a  short  distance, 
but  the  desire  of  personal  safety  had  mastered  the  virtue  of 
self-sacrifice,  and  they  had  been  left  at  places  which  afforded 
shelter,  and  where  they  might,  it  was  hoped,  escape  the  notice  of 
the  foe.  Having  reached  Westmoreland  on  the  east  bank  of  the 
Connecticut,  the  wearied  and  terror-stricken  fugitives  halted. 
On  their  way  thither,  they  had  paused  for  a  moment  at  the 
dwelling  of  Noah  Sabin  Sen.,  in  Putney,  and  had  found  him 
quietly  engaged  in  his  accustomed  avocations.  To  him  they  re- 
lated their  tale  of  terror,  but  he  discredited  the  story  which  they 
told  and  refused  to  be  frightened  by  what  he  deemed  improbable. 
Ever  since  the  time  when,  as  judge  by  the  authority  of  the  King, 
Mr.  Sabin  at  the  fatal  occurrence  of  the  "Westminster  Mas- 
sacre," had  refused  to  act  any  other  part  than  that  which  became 
a  loyal  subject  of  Great  Britain,  he  had  been  considered  an 
avowed  adherent  to  the  New  York  jurisdiction,  and  had  been 
regarded  by  many  as  a  supporter  of  the  royal  cause.  His  digni- 
fied calmness  on  an  occasion  like  this,  when  fear  gave  wings  to 
flight,  aroused  the  suspicions  of  the  fugitives.  He  was  forthwith 
denounced  as  a  friend  of  the  national  enemy,  and  the  belief 
prevailed  that  a  secret  understanding  existed  between  him  and 
the  Lidians.  Many  were  the  curses  which  were  heaped  upon 
him  as  the  angry  multitude  pressed  onward  to  escape  the  dreaded 
foe  and  the  man  whom  they  now  deemed  no  better  than  a  Tory. 

When  the  intelligence  of  the  following  day  had  dissipated 
their  terrors,  preparations  were  made  for  a  return,  but  the  snow 
of  the  night  previous  had  blocked  up  the  roads,  which  at  the 
best  were  but  poor,  and  had  rendered  them  almost  impassable. 
Overcome  with  toil  and  exposure,  many  of  the  sufferers  were 
invited   to   enter  the  hospitable  mansion  of  him  who  a  few 


1780.]  GENEEOSITY  OF  NOAH  SABDT  SEN.  399 

hours  before  had  been  the  object  of  their  bitterest  invective  and 
abuse.  Here  they  were  furnished  with  food  and  clothing,  and 
in  other  ways  received  such  assistance  as  their  necessities  re- 
quired. The  effect  of  this  kind  treatment  was  to  remove  from 
the  minds  of  all  every  idea  of  treachery  on  the  part  of  Judge 
Sabin,  and,  though  he  might  still  favor  the  jurisdiction  of  ISTew 
York  upon  the  "  Grants,"  he  was  never  again  accused  of  up- 
holding the  cause  of  Great  Britain.  The  "  brave  soldiery  "  of 
Marlborough,  when  the  alarm  was  proved  groundless,  "with 
undaunted  courage  pursued  their  wives  and  children,"  as  the 
reverend  chronicler,  Mr.  Newton,  quaintly  observes,  "  and 
bringing  them  in  triumph  as  the  fairest  achievements  and  no- 
blest trophies  of  victory,  took  possession  of  their  dwellings,  and 
exchanged  the  pursuits  of  war  for  the  sweet  enjoyments  of  do- 
mestic peace."* 

*  Thompson's  Vt.  Part  II.  pp.  10,  71 :   Part  m.  pp.  6,  111,  MS.  Hist  Marlbo- 
rough. 


CHAPTER  XY. 

ENEMIES   WITHIN   AM)  WITHOUT. 

Attempts  to  unite  in  one  District  the  territory  in  New  Hampshire  and  Vermont 
bordering  the  Connecticut — Convention  at  Charlestown—  Eastern  and  Western 
Unions — Cumberland  and  Bennington  Counties  divided — Boundaries  of  Wind- 
ham, Windsor  and  Orange  Counties — The  County  of  Washington — Gen.  Jacob 
Bailey — Col.  Thomas  Johnson — Johnson  taken  at  Peacham — Sufferings  of 
Jonathan  Elkins — Treatment  of  Johnson — Alarm  at  Newbury — Elections  in 
Windham  County — Dissatisfaction  of  the  Patriots  of  Rockingham  with  the  Offi- 
cers elected — Their  Petition — Remonstrance  from  Dummerston — Law  against 
Defamation — Alarm  at  Bethel — The  "Hazen  Road  " — The  Canada  Negotiations 
— Popular  Surmises — Opinions  delivered  in  Conversations — Gov.  Clinton  writes 
for  information — Seth  Smith  indicted  for  Treason — Citizens  of  Guilford  address 
Gov.  Clinton — The  "  Representation  "  of  the  New  York  Party — Proceedings  in 
Congress,  and  in  the  New  York  Legislature — Smith  discharged  from  his  Indict- 
ment— Attempts  to  effect  a  settlement  of  Difficulties — Remonstrance  from  three 
of  the  southern  Towns  in  AVindham  County  to  the  New  York  Legislature — 
Convention  of  the  same  Towns — Vermont  Militia  Law — The  Republic  of  Guil- 
ford— The  Constancy  of  its  Citizens  to  the  interests  of  New  York — William 
Shattuck — The  Triumph  of  the  Yorkers. 

Failing  in  their  efforts  to  obtain  assistance  either  at  home  or 
on  the  floor  of  Congress  in  resisting  the  demands  of  Vermont, 
the  inhabitants  of  Cumberland  county  who  owed  allegiance  to 
New  York  were  now  ready  to  adopt  other  measures  for  ensuring 
their  personal  and  political  safety.  By  a  resolution  of  Congress 
passed  on  the  27th  of  September,  1780,  the  further  consideration 
of  the  question  respecting  the  jurisdiction  of  the  New  Hamp- 
shire Grants  had  been  postponed ;  and  the  prospect  of  a  settle- 
ment seemed,  after  the  discussions  of  many  months,  to  be  no 
nearer  than  at  the  outset.  At  this  juncture  a  majority  of  the 
inhabitants  of  the  towns  in  the  western  portion  of  New  Hamp- 
shire, expressed  a  wish  to  be  received  into  union  with  Vermont. 
A  proposition  for  the  establishment  of  a  jurisdiction  of  another 
character,  was  at  the  same  time  promulged  by  the  New  York 
adherents  residing  in  Cumberland  and  Gloucester  counties,  and 


1Y80.]  CONVENTION   AT   CHAELESTOWN.  401 

a  convention  of  town  committees  from  the  former  county  was 
called  on  the  31st  of  October.  On  this  occasion  Lnke  I\Jiowlton, 
Hilkiah  Grout,  Oliver  Lovell,  Col.  John  Sargeants,  Micah  Town- 
send,  Maj .  Jonathan  Hunt,  Simon  Stevens,  Charles  Phelps,  Ben- 
jamin Henry,  James  Clay,  Maj.  Elkanah  Day,  Thomas  Cutler 
and  Barzillai  Rice,  were  appointed  a  committee  to  take  into  consi- 
deration the  feasibility  of  a  new  government,  and  to  meet  such 
persons  as  should  be  authorized  to  consult  upon  the  same  question 
by  a  convention  or  committee  of  the  people  of  Gloucester  count}- 
on  the  west,  and  Grafton  county  on  the  east  side  of  Connecticut 
river.  The  design  of  Cumberland  county  in  these  proceedings, 
was  "  to  devise  and  cany  into  execution  such  measures "  as 
should  be  deemed  best  calculated  "  to  unite  in  one  political  body 
all  the  inhabitants  from  Mason's  grant  on  the  east  to  the  height 
of  land  on  the  west  side  the  said  river."  The  idea  thus  brought 
forward  of  establishing  the  western  line  of  a  new  district  at  the 
ndge  of  the  Green  Mountains,  manifested  clearly  the  unwilling- 
ness of  the  I^ew  York  adherents  to  acknowledge  the  jurisdiction 
of  Yermont,  provided  they  could  ensure  their  own  safety  in  any 
other  way."^ 

Delegations  from  three  counties  having  by  previous  agree- 
ment met  on  the  8th  of  November,  at  Charlestown,  New 
Hampshire,  measures  were  taken  to  learn  the  sentiments  of  the 
inhabitants  residing  in  the  towns  included  in  the  district  which 
it  was  proposed  to  establish.  Until  the  result  of  this  inquiry 
should  be  declared,  ultimate  action  was  postj^oned.  Desirous 
of  engaging  in  the  union,  the  towns  in  the  county  of  Cheshire, 
New  Hampshire,  sent  delegates  to  a  meeting  which  was  held  at 
Walpole,  on  the  15th  of  November.  On  this  occasion  a  commit- 
tee of  five  were  appointed  to  confer  with  gentlemen  from  any  of 
the  towns  on  the  "Grants"  on  the  subject  of  establishing  the 
jurisdiction  of  that  district.  Tlie  result  was  a  general  meeting 
of  representatives  from  the  counties  of  Cumberland,  Gloucester, 
Cheshire  and  Grafton.  The  project  of  a  union  of  the  towns 
bordering  the  Connecticut,  in  Yermont  and  New  Hampshire, 
was  freely  discussed,  and  various  arguments  were  alleged  in 
support  of  the  right  to  establish  the  territory  designated,  as  a 
separate  and  independent  state.  That  time  might  be  given  for 
reflection,  and  that  the  people — the  source  of  power — might  be 
consulted  before  any  decisive  step  should  be  taken,  letters  were 

*  Slade'sVt  State  Papers,  pp.  122,  123,  12-t.  Journals  of  Am.  Congress,  Sept. 
I2th-27th,  1780.     Pingry  MSS. 

26 


402  HISTORY    OF   EASTERN   VERMONT.  [17S1. 

sent  from  this  meeting  of  the  counties,  inviting  the  attendance 
of  representatives  from  all  the  towns  interested,  at  a  convention 
to  be  held  at  Charlestown  on  the  third  Tuesday  of  January,  1781  * 
On  organizing  the  convention  which  assembled  in  i)ursuance 
of  this  call,  it  was  found  that  there  were  present,  representatives 
from  forty-three  towns.  The  primary  object  of  the  assembly 
was  declared  to  be,  the  formation  of  a  union  of  the  whole  of  the 
•'Grants,"  consolidated  upon  such  principles  as  the  majority 
should  think  best.  A  committee  of  twelve  from  the  counties  of 
Cumberland,  Gloucester,  Grafton  and  Cheshire  were  appointed 
to  confer  with  the  General  Assembly  of  Vermont  at  their  next  ses- 
sion on  the  subject  of  this  union,  and  a  declaration  of  the  views 
of  the  convention  in  regard  to  the  propriety  and  legality  of  the 
proposed  measures,  was  at  the  same  time  drawn  up  and  publish- 
ed. The  proceedings  of  the  convention  were  not,  however,  unani- 
mous, the  members  from  eight  New  Hampshire  towns  entering 
their  protest  against  them.  During  the  two  following  months, 
extraordinary  eiforts  were  made  to  effect  the  consolidation,  and 
on  the  6tli  of  April,  thirty-five  representatives,  from  as  many 
towns  in  the  western  part  of  JSTew  Hampshire,  took  their  seats  in 
the  General  Assembly  of  the  state  of  Vermont.  In  addition  to 
the  terms  agreed  to  by  the  New  Ilampsliire  towns  and  the  state 
of  Vermont  in  view  of  this  union,  it  was  settled  in  regard  to 
the  towns  in  Cumberland  and  Gloucester  counties  which  should 
join  in  the  consolidation,  that  a  general  and  full  act  of  oblivion 
should  be  passed  by  the  Legislature  of  Vermont  in  behalf  of 
those  persons  who,  on  the  1st  of  October,  1T80,  although  residing 
in  Vermont  were  avowed  subjects  of  New  York  ;  that  all  judg- 
ments against  them  for  fines  and  forfeitures  on  account  of  their 
opposition  to  the  authority  of  Vermont  should  be  annulled  ;  that 
no  judgments  should  be  hereafter  rendered  against  them  for  any 
state  offences  committed  before  the  time  above  specified ;  and 
that  no  civil  suits  should  be  hereafter  maintained  against  them 
for  trespasses  perpetrated  previous  to  the  time  aforesaid.  The 
representation  from  Cumberland  and  Gloucester  counties  in  the 
A^ermont  Legislature  was  not  increased  in  consequence  of  the 
consolidation.  The  only  immediate  effect  of  the  proceeding,  in 
Eastern  Vermont,  was  to  beget  a  more  kindly  feeling  towards 
the  self-created  state,  in  the  minds  of  those  who  were  almost 
ready  to  refuse  any  longer  to  yield  allegiance  to  New  York. 

*  Slade's  Vt.  State  Papers,  pp.  126,  127. 


1781.]  THE  "unions."  403 

Soon  after  the  completion  of  the  Eastern  Union,  as  it  was 
called,  some  of  the  inhahifants  residing  in  that  part  of  New 
York  situated  north  of  a  Hue  drawn  west  as  far  as  Hudson  river, 
in  continuation  of  the  northern  boundary  of  Massachusetts,  and 
between  Hudson  river  and  tlie  western  boundaiy  of  Vermont, 
who  had  asked  to  be  admitted  within  the  limits  of  Yermout, 
received  an  answer  favorable  to  their  petition.  On  the  16th  of 
June  representatives  from  ten  towns  took  their  places  in  the 
Assembly  of  Yermont,  and  the  "Western  Union  was  declared  a 
constituent  portion  of  the  state.  During  the  few  months  that 
these  Unions  were  considered  as  a  part  of  Yermont,  they  were  a 
source  of  continual  trouble  and  expense.  Happy  was  the  hour, 
when  on  the  23d  of  February,  1Y82,  the  unfortunate  connections 
were  dissolved,  and  the  revolted  districts  were  left  free  to  return 
to  their  right  and  natural  jurisdictions.* 

Another  important  act  of  the  February  session,  was  the  sub- 
division of  the  counties  of  Cumberland  and  Bennington.  Since 
March,  17Y8,  the  former  on  the  east  and  the  latter  on  the  west 
side  of  the  Green  Mountains,  had  comprised  within  their  com- 
bined limits  the  whole  state.  On  the  16th  of  February,  Cumber- 
land was  divided  into  three  counties.  To  Windham  county  on 
the  south  were  assigned  limits  which,  with  the  exception  of 
a  few  changes  on  the  western  line,  are  the  same  as  at  present. 
A  similar  qualification  being  made  in  respect  to  the  western  line 
of  Windsor  county,  the  same  statement  may  be  made  with 
regard  to  its  limits  as  then  constituted,  and  as  now  preserved. 
Orange  county  comprised  all  the  land  lying  between  the  north 
line  of  Windsor  county  and  the  forty-fit>h  parallel  of  north  lati- 
tude, and  extended  from  Connecticut  river  on  the  east  to  a  line 
commencing  at  a  point  near  Lake  Memphramagog,  fifty  miles 
from  the  centre  of  the  "  deepest  channel "  of  Lake  Champlain ; 
and  running  thence  south  to  the  north-cast  corner  of  the  town  of 
Woi'ccster ;  thence  south  on  the  east  lines  of  the  town  of  Worces- 
ter, Middlesex,  and  Berlin,  to  the  south-east  corner  of  the  latter 
town ;  thence  on  a  straight  line  to  the  north-west  corner  of  Tun- 
bridge  ;  thence  on  the  west  hne  of  Tunb ridge  to  the  south-west  cor- 
ner of  that  town,  at  which  place  it  struck  the  north  boundary  of 
Windsor  county.  To  attempt  to  describe  accurately  the  alterations 
which  were  continually  made  in  the  county  lines  which  stretched 

*  Blade's  Vt.  State  Papers,  pp.  128-141,  169.     Papers  relating  to  Vt.  Contro 
versy,  in  oiBce  Sec.  State  N.Y.,  p.  36. 


404  HISTORY   OF   EASTERN   VERMONT.  [1781. 

through  the  length  of  the  state,  now  on  the  -western,  anon  on 
the  eastern  slope  of  the  Green  Mountains,  and  sometimes  on  its 
very  ridge,  would  be  to  undertake  a  task  as  difficult  as  it  would 
prove  practically  useless.  As  has  been  akeadj  remarked,  the 
more  mountainous  portions  of  the  state  were  for  years  unsettled, 
and  for  this  reason  a  description  of  them  would  add  no  value  to  an 
historical  narration.  On  account  of  the  addition  of  the  Eastern 
Union,  Orange  and  Windsor  counties  were  temporarily  enlarged. 
By  an  act  of  the 'General  Assembly,  passed  in  April,  1781,  all  the 
lands  within  Vermont  on  the  east  side  of  Connecticut  river,  "  lying 
and  being  opposite  the  county  of  Orange,"  were  annexed  to 
that  county.  With  the  county  of  Windsor  was  incorporated 
the  new  territory  on  the  opposite  side  of  the  river,  south  of  that 
which  had  been  added  to  Orange  county,  and  north  of  the  north 
lines  of  the  towns  ot  Ciaremont,  Newport,  Unity  and  Wendall. 
Tlie  remaining  district,  situated  to  the  south  of  these  towns,  was 
erected  into  a  county  by  the  name  of  Washington.  When  in 
the  beginning  of  the  next  year  the  Eastern  Union  was  dissolved, 
the  counties  resumed  the  limits  which  had  been  assigned  them 
previous  to  the  consolidation.* 

During  the  whole  of  the  war  of  the  revolution,  Vermont, 
especially  the  eastern  section,  was  but  rarely  subjected  to 
extended  or  disastrous  incursions  of  the  English  or  their  Cana- 
dian allies.  Very  often,  however,  scouting  parties  would 
enter  houses  under  cover  of  night,  either  for  the  purpose  of 
plunder,  or  of  taking  some  American  whose  strenuous  opposition 
to  the  King  of  Great  Britain  had  marked  him  as  a  dangerous  per- 
son. Among  those  who  had  long  been  noted  as  zealous  patriots, 
Gen.  Jacob  Bayley  and  Col.  Tliomas  Johnson  of  Newbury  were 
preeminent.  Tlie  former  not  only  possessed  great  influence  with 
his  own  countrymen,  but  was  regarded  by  the  neighboring 
Indians  as  a  father.  Serving  as  quarter-master-general  for  the 
troops  stationed  at  and  about  Newbury,  he  never  failed  to 
engage  m  any  honorable  enterprise  which  might  serve  to 
advance  tlie  interests  of  the  common  cause.  A  large  reward 
was  offered  by  the  British  for  his  person.     Many  were  the  plans 

*  Journals  General  Assembly,  Vt.  Slade's  Vt.  State  Papers,  p.  427.  On  tlie  19th 
of  February,  lY  81,  by  an  act  of  the  General  Assembly ,Windham  county  was  divided 
into  half-shires,  called  respectively  Westminster  and  Marlborough,  and  the  courts 
were  held  alternately  in  the  shire-towns  of  the  same  name.  Windsor  county  was 
constituted  a  shire  by  itself,  and  the  town  of  Windsor  was  the  shire-town.  In 
Orange  county,  the  shire-towns  of  Thetford  and  Xorwich  were  situated  within  the 
half-shires  of  the  same  name. 


1781.]  CAPTUEE   OF   COL.    THOMAS   JOHNSON.  405 

arranged  for  his  capture,  and  equally  numerous  were  the  fail- 
ures of  the  attempts  made  to  take  him.  Col.  Johnson  was  also  a 
man  whose  influence  upon  the  circle  in  which  he  moved,  was 
such  as  to  excite  the  fears  of  the  enemy.  By  order  of  Gen. 
Lincoln,  he,  at  the  head  of  a  volunteer  company,  had  in  Septem- 
ber, 1YT7,  proceeded  towards  Ticonderoga  for  the  purpose  of 
diverting  the  attention  of  the  enemy,  while  Colonel  Brown  was 
engaged  in  releasing  the  American  prisoners  at  Lake  George. 
Not  only  did  he  succeed  in  this  undertaking,  but  in  connection 
with  others,  assisted  in  recovering  many  important  stations  on 
Lake  Champlain,  in  liberating  more  than  one  hundred  Ameri- 
cans, and  in  capturing  two  hundred  and  ninety-three  of  the 
enemy.  Of  these  prisoners,  a  hundred  had  been  placed  in  his 
charge.  Instead  of  securing  them  near  the  Lake,  he  had 
marched  them  back  into  the  country  where  they  would  not 
be  liable  to  be  retaken,  and  where  provisions  could  be  more 
readily  obtained.  By  this  and  other  acts  Col.  Johnson  had 
greatly  troubled  the  British,  who  now  eagerly  sought  for  an 
opportunity  to  make  him  their  prisoner.  He  succeeded,  how- 
ever, in  eluding  their  vigilance  until  the  spring  of  1781,  when 
he  was  taken  in  the  following  manner. 

Having  contracted  to  erect  a  grist-mill  in  the  town  of  Pea- 
cham,  situated  fifteen  miles  northwest  of  Newbury,  Col.  Johnson 
set  out  from  the  latter  place  on  the  5th  of  March,  1781,  taking 
vrith  him  two  mill-stones.  Owing  to  the  lameness  of  his  oxen, 
and  a  temporary  illness  with  which  he  was  affected,  he  was 
occupied  three  days  in  performing  the  journey.  On  reaching 
Peacham  he  stopped  at  the  house  of  Deacon  Jonathan  Elkins. 
Being  awakened  on  the  morning  of  the  8th,  between  twelve  and 
one  o'clock,  he  arose  and  found  the  house  surrounded  by  a 
party  of  the  British,  consisting  of  eleven  men  including  Capt. 
Pritchard  the  commander.  His  first  impulse  was  to  draw  on 
his  stockings,  clear  the  window,  and  run.  But,  before  he  could 
accomplish  this  object,  the  muzzles  of  two  guns  were  brought 
in  unpleasant  proximity  to  his  person,  and  he  was  claimed  by 
two  men  as  their  prisoner.  Surrendering  himself  as  such,  and 
having  promised  to  give  his  captors  no  trouble,  he  was  permit- 
ted to  accompany  them  without  being  bound.  Jonathan  and 
Moses  Elkins,  sons  of  the  Deacon,  and  Jacob  Page  were  also 
made  captives,  but  by  the  intercession  of  Johnson,  who  dis- 
covered among  the  British  two  "  old  acquaintances,"  Moses,  who 
was  feeble  in  body,  was  permitted  to  return  after  he  had  pro- 


406  HISTOEY   OF   EASTERN    VERMONT.  [1781. 

ceeded  about  eiglit  miles.  Taking  in  their  course  Lamoille 
river,  Grand  Isle,  Point  au  Fer,  and  L'  isle  au  JSToix,  the  party- 
reached  St.  John's  on  the  13th,  after  a  journey  of  six  days. 
Page  was  immediately  sent  on  to  Montreal,  but  of  his  after  life, 
if  he  was  permitted  to  live,  nothing  is  known. 

Jonathan,  then  a  youth,  known  afterwards  as  Col.  Elkins,  was 
imprisoned  at  Quebec,  and  after  enduring  for  eight  months  the 
most  grievous  privations,  was  sent  to  England  with  one  hundred 
and  fifty  others.  During  the  voyage  the  prisoners  were  distri- 
buted throughout  the  fleet  with  which  they  sailed,  and  were 
obliged  to  do  duty.  On  arriving  at  Plymouth,  Elkins  and  his 
fellow-suiferers  were  confined  in  the  old  Mill  prison,  and  there 
remained  from  the  9th  of  February,  1782,  until  the  24th  of 
June  following.  During  this  period  they  were  allowed  only  two- 
thirds  the  rations  of  common  soldiers,  and  most  of  them  were 
miserably  clad.  Having  been  informed  of  their  condition,  Dr. 
Franklin,  who  was  then  the  American  minister  at  France,  sent 
to  each  prisoner,  one  shilling  sterling  per  M'eek,  which  gift  was 
of  ffreat  service  in  relievina:  the  miserv  of  their  condition.'- 
Referring  to  this  noble  act,  and  the  good  results  which  followed 
it,  Col.  Elkins  wrote  : —  "  Tliere  were  among  us  forty  captains 
of  vessels,  and  mau}^  others  who  had  some  learning ;  and  when 
we  got  our  shilling  a  week  from  Dr.  Franklin,  it  was  proj^osed 
that  we,  who  had  no  learning,  should  pay  four  coppers  a  week 
for  schooling,  and  soon  many  schools  were  opened.  Among  the 
rest,  I  procured  paper,  pen  and  ink,  and  a  slate,  and  paid  my 
four  coppers  a  week  for  tuition.  By  this  means,  many  who 
could  neither  read  nor  write  got  so  much  learning,  that  they 
were  capable  of  transacting  business  for  themselves,  and  a  num- 
ber of  us  learned  the  mariner's  art,  so  as  to  be  capable  of  navi- 
gating a  ship."  This  confinement  having  been  brought  to  an 
end  by  an  exchange  of  the  American  prisoners  for  the  captured 
troops  of  Cornwallis,  one  thousand  seven  hundred  and  thirty- 
tliree  of  the  former  were  put  on  board  a  cartel  and  sent  back  to 
the  United  States.  Among  this  number  was  young  Elkins,  who 
afterwards  returned  to  his  home  in  Peacham. 

The  treatment  which  Johnson  received  during  his  captivity, 
was  far  diflferent  from  that  experienced  by  his  unfortunate  friend, 
Elkins.      He  was  regarded  by  the  British  as  a  man  who  might 


*  This  cii'cumstance  is  mentioned  in  the  "  Memoirs  of  Andrew  Sherburne  "  in 
connection  with  an  account  of  the  old  Mill  prison,  pp.  78-96. 


17S1.]  ADVENTURES   OF   JOHNSON   DURING   CAPTITITT.  407 

be  of  great  service  to  them,  provided  lie  could  be  induced  to  re- 
nounce bis  allegiance  to  the  United  States.  For  the  purpose 
of  leading  him  to  take  this  step,  be  was  allowed  many  privi- 
leges not  often  granted  to  prisoners,  and  was  treated  with  great 
urbanity  and  kindness.  While  at  St.  John's,  he  was  allowed  a 
camp  parole,  and  was  permitted  to  live  with  Capt.  Sherwood,  a 
gentleman  noted  for  the  humanity  which  he  uniformly  display- 
ed towards  those  whom  the  fortune  of  war  placed  in  his  power. 
Notwithstanding  the  attentions  which  he  received,  his  quarters 
were  often  shifted  from  St.  John's  to  Montreal,  from  Montreal  to 
Chambly,  and  from  Cbambly  to  Three  Kivers.  At  each  of 
these  places,  he  was  interrogated  by  different  officers  as  to  the 
"  views  and  feelings  of  the  inhabitants  of  the  '  Grants,' "  and 
as  to  his  own  opinions  of  the  prospects  of  the  colonies.  Careful 
and  guarded  in  his  ansM'ers,  he  spoke  with  apparent  careless- 
ness of  the  American  cause,  but  never  divulged  anything  which 
would  be  of  advantage  to  the  enemy  or  detrimental  to  his  friends. 
He  afterwards  ascertained  that  his  answers  were  noted  by 
those  with  whom  he  conversed,  and  sent  to  the  commander  for 
comparison  and  inspection. 

On  one  occasion,  a  young  officer,  in  whose  charge  he  had 
been  placed,  had  been  drinking  too  freely,  and  had  left  a  letter 
exposed,  which  Johnson  took  the  Hberty  to  peruse.  It  was  from 
a  person  high  in  command,  and  expressed  a  hope  that  the  young 
officer  was  possessed  of  "  too  much  sense  and  intelligence  to  be 
imposed  upon  by  the  prisoner."  Knowing  from  this,  and  other 
circumstances,  that  his  words,  as  well  as  actions,  were  the  sub- 
ject of  critical  examination,  Johnson  resolved  to  affect  an  in- 
difference towards  the  American  cause,  trusting  that  the  result 
would  prove  personally  beneficial.  In  this  he  was  not  disap- 
pointed. Having  been  detained  a  prisoner  for  seven  months, 
he  was  finally  released  on  parole,  on  the  5th  of  October,  having 
first  signed  an  instrument  in  which  he  pledged  his  "  faith  and 
word  of  honor"  to  Gen.  Haldimand  that  he  would  "  not  do  or 
say  any  thing  contrary  to  his  Majesty's  interest  or  government;" 
and  that,  whenever  required  so  to  do,  he  would  repair  to  what- 
ever place  should  be  designated  by  proper  authority,  and  would 
there  remain  until  legally  exchanged.  After  his  return  to  his 
family  at  Newbury,  he  would,  now  and  then,  receive  letters  from 
his  friends  in  Canada,  but  was  never  ordered  to  change  his  resi- 
dence or  to  surrender  his  parole.  He  freely  communicated  his 
views  to  Gen.  Washington  in  regard  to  the  negotiations  which. 


408  niSTOKY    OF   EASTERN    VERMONT.  [1781. 

for  a  time,  were  carried  on  between  the  British  in  Canada  and 
the  principal  men  in  Vermont,  and  although  mistaken  in  his 
conclusions  that  the  state  was  to  become  a  British  province, 
proved  himself  a  true  patriot  by  the  jealousy  with  which  he  re- 
garded an  intercourse  which,  to  all  but  those  concerned  in  it 
wore  the  aspect  of  contemplated,  if  not  of  incipient,  or  nearly 
consummated  treason.  His  unpleasant  connection  with  the 
enemy  continued  in  force  by  virtue  of  the  agreement  he  had 
signed,  until  the  20th  of  January,  1783,  when  the  treaty  of  i)eace 
released  him  from  his  parole  of  honor,  at  the  same  time  that  it 
gave  independence  to  the  LTnited  States.* 

On  the  16th  of  March,  a  few  days  after  the  capture  of  John- 
son and  his  friends,  another  alarm  was  experienced  at  Xew- 
bury,  the  cause  and  character  of  which  arc  not  known.  It  was 
sufficient,  however,  to  excite  the  api)rehensions  of  Gen.  Bayley, 
who  immediately  ordered  the  militia  from  the  adjacent  towns 
to  march  to  the  place  threatened  by  invasion.  The  only  re- 
cords of  the  affair  which  are  known  to  exist  are  the  pay-rolls. 
From  these  it  ajjpears  that  eighteen  men  from  Westminster, 
belonging  to  the  companies  of  Capts.  Jesse  Burk  and  Michael 
Gilson,  but  commanded  by  the  former,  "  marched  in  the  alarm" 
at  Newbury,  fifteen  miles  towards  that  place  and  returned,  hav- 
ing been  for  three  days  in  service  ;  that  Capt.  John  Mercy  of 
Windsor,  led  twenty-eight  of  his  townsmen  twenty-one  miles  on 
the  same  errand  and  then  returned,  after  an  absence  of  three 
days;  and  that  a  company  of  nineteen  men,  headed  by  the 
fiercely-named  Samuel  Stow  Savage,  performed  a  journey  simi- 
lar in  all  respects  to  the  last,  and  brought  his  gallant  followers 
in  safety  to  their  homes.f 

The  necessity  of  establishing  the  internal  government  of  Yer- 
mont  on  a  firm  basis  had  been  deeply  felt  at  the  February  ses- 
sion of  the  General  Assembly.  In  order  to  secure,  in  part,  this 
desired  result,  the  times  and  places  for  holding  the  county 
elections  had  been  selected  and  ratified  by  legislative  enact- 
ment, and  notified  to  the  most  important  towns.  At  this  time 
there  resided  in  Windham  county  a  number  of  gentlemen  of 
ability,  who,  previous  to  the  year  1775,  had  been  connected 
either  as  judges,  lawyers,  or  in  some  subordinate  capacity,  with 
the  established  courts.     When  the  power  of  the  King  had  been 

*  Powers's  Coos  Country,  pp.  193-216.     Thompson's  Vt.,  Part  HL  p.  137. 
f  MS.  Muster-Rolls,  etc. 


1781.]  DISSATISFACTION   AT   KOCKINGHAM.  409 

declared  a  nullity,  these  gentlemen  still  retaining  tlieir  loyal 
feelings,  had  retired  froui  the  struggle  which  ensued,  and  during 
the  six  years  that  followed  had,  from  their  seclusion,  observed 
with  interest  the  changes  which  day  by  day  gave  a  new  aspect 
to  the  political  affairs  not  only  of  their  immediate  neighbor- 
hood, but  of  the  whole  United  States.  The  time  had  now  come 
when  these  men  must  decide  between  "  the  King  and  the  Con- 
gress," as  the  phrase  of  the  times  was.  Aware  that  tlieir  men- 
tal attainments  would  give  them  a  place  in  the  new  govern- 
ment, and  viewing  the  condition  of  royalty  as  doubtful  and 
desperate,  they  declared  their  willingness  to  embrace  the  cause 
of  America,  and  avowed  their  allegiance  to  the  state  of  Ver- 
mont. At  the  elections  which  were  held  on  the  27tli  of  March, 
several  of  these  gentlemen  were  elected  to  the  highest  and  most 
important  offices  of  the  county.  When  the  result  was  made 
known,  great  indignation  was  felt  by  those  who  from  the  begin- 
ning had  resisted  the  encroachments  of  Great  Britain,  and  who 
now  beheld  men  who  had  f  jr  years  remained  neutral  raised  to 
office,  and  placed  in  positions  which  were  justly  due  to  those 
who  had  suffered  in,  and  sustained  the  now  triumphing  cause. 

Among  the  people  of  Rockingham  this  feeling  of  dissatisfac- 
tion was  manifested  in  terms  most  significant.  Many  of  the 
inhabitants  of  that  town  had  been  at  "Westminster  on  the  night 
of  the  memorable  "  massacre,"  or  on  the  day  succeeding  that 
event,  and  had  there  become  penetrated  with  aversion  to  any- 
thing which  bore  the  insignium  of  the  CroAvn,  and  to  any  per- 
son who  derived  authority  from  it.  Although  illiterate  men, 
yet  they  could  not  acknowledge  that  to  be  justice  which  should 
grant  favors  to  him  who  but  yesterday  had  sworn  allegiance  to 
America,  while  it  neglected  the  brave  soldier  who  six  years  ago 
had  taken  his  place  with  eagerness  and  enthusiasm,  among  the 
handful  whom  King  George  denounced  as  rebels.  Influenced 
by  these  feelings,  they  drew  up  a  petition  on  the  9th  of  April, 
addressed  to  Governor  Chittenden  and  to  the  Council  of  the 
state,  remonstrating  against  the  election  to  office  of  the  "  friends 
to  Ministerial  Tirrany  and  Usurpation,"  who  until  within  a  few 
days  had  been  the  "  a  Yowed  Enemies  to  all  authority  save  that 
Derived  from  the  Crown  of  Great  Britton,"  and  the  "  known 
Enemies  to  this  and  the  United  States  of  America."  "  If  there 
is  proof  wanted  of  this,"  they  continued,  "  we  will  bring  in  their 
being  active  in  and  accessory  to  the  shedding  the  first  Blood 
that  was  shed  in  America  to  support  Brittanic  Government,  at 


410  HISTORY    OF   EASTERN    VERMONT.  [17S1. 

the  Horrid  and  Kever  to  be  for  Got  Massacre  Committed  at 
Westminster  Cortt  House  ou  the  Night  of  the  13th  of  March, 
1775."  They  turther  declared  that  they  could  perceive  no  dif- 
ference "between  being  hailed  to  Great  Britton  for  Tryal  or 
being  Tryed  by  these  Tools  amongst  our  Selves,"  and  asked  for 
a  new  election,  or  for  the  retention  of  the  commissions  of  Noah 
Sabin  Jr.,  as  judge  of  probate  ;  of  John  Bridgman,  Luke 
Knowlton,  and  Benjamin  Burt,  as  judges  of  the  county  court; 
of  Ohver  Lovcll  and  Elias  Olcott  as  justices  of  the  peace ;  and 
of  Jonathan  Hunt,  as  high  sherifl',  in  order  that  the  petitionei-s 
might  have  an  opportunity  "  to  Enter  a  proper  Impeachment 
and  prove  that  Said  persons  are  Not  onely  Disquallefied  for  hold- 
ing any  public  Station  By  their  own  bad  Conduct  but  Cannott 
be  freemen  of  the  State  of  Vermont  by  the  Constitution  thereof." 
To  this  paper  were  appended  about  fifty  signatures  written  in 
scrawls,  as  ragged  as  the  composition  of  the  document  was 
unique. 

On  the  12  th  of  xVpril,  and  before  the  presentation  of  the 
Eockingham  petition,  a  remgnstrance  similar  in  import,  signed 
by  Leonard  Spaulding  and  a  number  of  the  inhabitants  of  Dum- 
merston  and  the  neighboring  towns,  was  brought  before  the 
Council  for  immediate  consideration.  The  request  contained  in 
this  instniment  was  answered  in  part,  and  the  commissions  of 
Noah  Sabin  Jr.,  as  judge  of  probate,  and  of  Samuel  Knight,  as 
a  justice  of  the  peace,  were  witliheld  for  the  present.  The  Rock- 
ingham petition  was  considered  on  the  16th  of  April,  but  the 
Council  refused  to  accede  to  the  wishes  of  tlie  petitioners  and 
the  subject  was  dismissed.  At  the  fall  session  of  the  Legislature 
in  the  same  year,  the  case  of  Sabin  and  Knight  was  reviewed, 
and  their  election  was  confirmed  on  the  25th  of  October  by 
regularly  executed  commissions.  Although  there  was  still  a 
lingering  suspicion  in  the  minds  of  many  as  to  the  patriotism  of 
several  of  the  county  officers,  yet  their  conduct  was  without 
fault,  and  their  duties  were  performed  agreeable  to  the  wishes 
of  the  most  loyal  supporters  of  the  American  cause.* 

Li  enforcing  the  laws  of  the  state,  the  com'ts  sometimes  expe- 
rienced difficulties  by  reason  of  the  nature  of  the  offences  which 
tliey  were  required  to  notice.  By  a  statute  passed  in  February, 
1779,  it  had  been  enacted  that  whoever  should  defame  "  any 
court  of  justice,  or  the  sentence  or  proceedings  of  the  same  ;  or 

*  MS.  Remonstrance,  Council  Records,  «fec. 


17S1.]         ALAEM  OF  THE  NOKTHEKN  TOWNS.  411 

any  of  the  magistrates,  judges,  or  justices  of  any  such  court,  in 
respect  of  any  act  or  sentence  therein  passed,"  should,  on  con- 
viction, be  punished  by  fine,  imprisonment,  disfranchisement,  or 
banishment  at  the  discretion  of  the  court.  "Wholly  disregarding 
this  law  and  its  denunciations,  Nathaniel  Bennet  of  TomKnson, 
now  Grafton,  "  did,  on  or  about "  the  1st  of  August,  while  at 
Athens,  "  utter  and  publish  these  false  and  defamatory  words  " 
in  relation  to  Seth  Oaks,  a  justice  of  the  peace : — "  He  has 
given  a  damned  judgment  against  me,  and  he  has  perjured 
himself;  and  deserves  to  be  whipped  daimiably."  Complaint 
having  been  made  against  him  by  Stephen  R.  Bradley,  the 
attorney  for  the  state,  he  was  arrested  on  an  order  from  the 
Superior  court,  and  was  brought  before  that  body  on  the 
6th  of  September,  while  in  session  at  Westminster.  Owing 
to  an  apparent  reluctance,  as  it  would  seem,  to  try  the  pri- 
soner at  that  time,  he  was  admitted  to  bail,  and  the  cause 
was  put  over  until  the  session  in  January,  1782.  It  was  then 
carried  forward  to  the  June  term,  on  which  occasion  it  was 
again  postponed.  Tlie  defendant  was  subsequently  ordered 
to  appear  at  the  session  in  February,  1783,  but  failing  to  be 
present  he  forfeited  his  bail  bond,  l^o  fm-ther  proceedings 
were  taken  in  the  matter.* 

As  has  been  alread}"  observed,  the  easy  access  to  the  settle- 
ments, afforded  by  the  unprotected  condition  of  the  frontiers, 
was  the  cause  of  continual  alarms  to  the  northern  towns.  The 
anticipation  of  an  irruption  from  Canada,  or  of  an  attack  of 
some  nature,  induced  Capt.  John  Benjamin,  the  commandant  of 
the  fort  at  Bethel,  to  seek  assistance  from  the  neighboring 
militia,  early  in  August,  1781. 

In  obedience  to  this  application,  Capt.  Bartholomew  Durkee, 
on  the  10th  of  that  month,  and  at  the  head  of  twenty-five  of  the 
stout  men  of  Pomfret,  marched  to  his  aid,  and  was  joined  by 
Capt.  Elkanah  Sprague  with  five  men  from  Hartford.  The 
readiness  of  the  soldiers  to  fight  seems,  however,  to  have  been 
the  only  method  by  which  they  were  permitted  to  evince  their 
bravery  on  this  occasion.  The  sole  record  of  the  exj^edition 
which  remains,  is  that  which  preserves  the  names  of  the  militia, 
the  number  of  miles  they  travelled  and  the  days  they  were  ab- 
sent on  service.  But  the  fortunate  issue  of  this  alarm  was  coun- 
terbalanced by  an  event  which  happened  in  the  following  month. 

*  j\IS.  Court  Records. 


412  HISTORY   OF    EASTERN    VERMONT.  [1781. 

During  the  summer,  Capt.  Nehemiali  Lovewell  was  stationed 
with  his  company  at  Peacham.  Tlie  "  Hazen  Eoad"  as  it  was 
called,  which  had  been  commenced  by  Gen.  Bayley,  in  1776, 
and  completed  by  Gen.  Hazen  in  1779,  began  at  Peacham  and 
extended  through  the  present  towns  of  Cabot,  Walden,  Hard- 
wick,  Greensborough,  Craftsbury,  Albany,  and  Lowell.  Up  this 
road,  Lovewell  sent  a  scout  of  four  men,  during  the  month  of 
September,  for  the  purpose  of  ascertaining  the  locality  of  the 
enemy.  While  on  the  route,  they  were  ambushed  and  fired 
upon  by  the  Indians.  Two  of  the  party  were  killed  and  scalp- 
ed, the  other  two  were  captured  ;  and  on  the  tenth  day  after  they 
left  Peacham,  were  prisoners  in  Quebec  with  Colonel  Elkins,who 
had  been  carried  away  in  the  preceding  spring.  This  was  the 
last  of  the  depredations  by  w^hich  the  inhabitants  of  the  eastern 
settlements  were  disturbed  during  the  year.* 

Although  the  frequent  incursions  of  the  Indians  and  Tories 
had  kept  the  people  on  both  sides  of  the  Green  Mountains  in  a 
state  of  perpetual  alarm,  yet  the  Canada  negotiations  and  the 
delays  in  Congress  in  the  adjustment  of  the  jurisdictional  rights 
of  the  different  claimants  to  the  "  Grants,"  were  the  cause  of 
anticipations  more  gloomy  than  the  sad  realities  of  the  present 
hour.  Among  the  majority  of  the  inhabitants,  so  little  was 
known  concerning  the  relations  existing  between  the  govern- 
ment of  Vermont  and  the  British,  that  the  most  extravagant 
sm'mises  were  promulged  by  those  who,  in  other  matters,  were 
esteemed  for  their  prudence.  Stories  which,  at  any  other  time, 
would  have  been  discredited  without  hesitation,  were  repeated 
with  additions  and  exaggeration,  and  received  as  the  truth. 
Whatever  may  have  been  the  opinion  of  Washington  and  his 
advisers  as  to  the  course  pursued  by  the  leading  men  in  Ver- 
mont during  tliis  period  of  doubt  and  danger,  there  is  now  no 
question  that  the  secrecy  with  which  the  negotiations  with  the 
enemy  were  conducted,  notwithstanding  the  evil  reports  which 
were  caused  thereby,  was  the  safest  method  which  could  have 
been  adopted.  Vermont — claimed  by  IsTew  York,  regarded  with 
hatred  and  fear  by  I^ew  Hampshire,  suspected  of  treason  by 
Congress,  and  eagerly  watched  by  Canada, — held  a  situation  so 
peculiarly  delicate,  that  one  false  step  might  have  destroyed 
all  the  plans  of  her  protectors,  and  rendered  vain  her  hopes  of 
existence  as  a  separate  and  independent  state.     In  the  minds  of 

*  MS.  Muster  Rolls,     Thompson's  Vt.,  Part  III.  p.  137. 


1781.]  lENPATKIOTIC    SENTIMENTS.  413 

many,  the  distrust  evinced  towards  Congress  was  far  greater 
than  the  fear  of  subjection  to  British  dominion.  To  such  an  ex- 
tent did  this  distrust  prevail,  that  not  a  few  among  those  who 
represented  Vermont  in  her  own  Legislature,  regarded  with  evi- 
dent satisfaction  the  idea  of  becoming  allegiant  to  the  Crown. 
From  the  language  held  by  men  who,  although  violent  in  their 
expressions,  were  still  the  exponents  of  the  views  of  a  large  class 
of  the  community  in  which  they  resided,  a  more  definite  idea 
may  be  gained  of  the  ideas  which,  at  this  time,  prevailed. 

In  a  conversation  which  took  place  at  Brattleborough,  during 
the  month  of  May,  between  Col.  Samuel  Wells,  who  had  been 
one  of  the  royal  judges  in  Cumberland  county,  for  many  years 
an  adherent  to  New  York,  and  afterwards  a  representative  in 
the  Assembly  of  Vermont — in  a  conversation  which  took  place 
between  him  and  Elijah  Prouty,  the  latter  having  observed  that 
in  his  opinion,  "  the  state  would  not  stand  a  state,"  Wells  re- 
plied, that  he  was  mistaken,  that  Vermont  would  continue  a 
state  because  it  was  established  a  state  by  the  King  of  Great 
Britain,  and  further  declared,  that  in  case  the  United  States 
should  levy  war  against  it,  it  "  could  be  supported  by  10,000  or 
15,000  troops  out  of  Canada."  Similar  to  this,  was  the  assertion 
of  Capt.  Oliver  Cooke  who,  in  the  month  of  July,  assured  a 
friend,  that  Vermont  was  a  state,  and  that  he  could  "  in  less 
than  twenty-four  hours"  show  that  it  had  been  "  established  by 
the  King  of  Great  Britain."  The  language  of  John  Bridgmau, 
of  Vernon,  a  judge  of  the  quarter  sessions,  and  a  member  of 
the  state  Assembly,  when  conversing  in  relation  to  the  powers 
of  Congress,  was  violent  in  the  extreme.  "  Congress  has  no 
business"  to  interfere  with  the  present  union  of  Vennont  and 
New  Hampshire,  said  he,  to  that  renowned  Yorker,  Timothy 
Church  of  Brattleborough,  as  they  chanced  to  meet  on  a  No- 
vember's day,  at  Matthew  Martin's  mill.  Church  expressed  a 
contrary  opinion.  Thereupon,  Bridgman  replied :  "  Damn  the 
Congress.  Curse  the  Congress  !  Haven't  we  waited  long  enough 
on  them  ?  A  pox  on  them.  I  wish  they  would  come  to  the  mill 
now  ;  I  would  put  them  between  these  mill-stones  or  under  the 
water-wheel.  They  have  sold  us  like  a  cursed  old  horse.  They 
have  no  business  with  our  affairs.      We  know  no  such  body  of 


men 


I" 


So  fearlessly  were  opinions  expressed  respecting  the  condition 
of  the  state,  that  Edward  Smith  declared  openly,  at  the  public 
house  of  Josiah  Arms,  in  Brattleborough,  that  "  as  long  as  the 


414:  HISTORY   OF   EASTERN   VERMONT.  [ITSl,  1782. 

King  and  Parliament  of  Great  Britain  approved  of,  and  would 
maintain  the  state  of  Vermont,  lie  was  determined  to  drive  it, 
and  so  were  its  leaders."  Verbal  reports  of  these,  and  similar 
declarations,  were  borne  to  Governor  Clinton,  who  regarded 
them  as  proofs  of  a  treasonable  conspiracy  with  the  enemy.  In 
order  to  obtain  the  exact  truth,  he  wrote  on  the  3d  of  January, 
1782,  to  Capt.  Timothy  Church  and  his  wife,  Lieut.  Jonathan 
Church,  Elijah  Prouty,  Benjamin  Baker,  Israel  Field,  and  Jo- 
seph Dater,  in  whose  presence  these  sentiments  had  been  utter- 
ed. "  As  I  am  informed,"  said  he,  "  that  you  are  acquainted 
with  facts  that  tend  to  prove  that  the  leaders  of  the  usurped 
government  of  Vermont  are  in  league  with  the  common  enemy, 
I  have  therefore  to  recpiest,  that  you  will  appear  before  a  civil 
magistrate,  authorized  to  take  the  same,  and  make  affida\at  of 
all  such  matters  as  shall  have  come  to  your  knowledge,  respect- 
ing the  same,  in  order  that  they  may  be  transmitted  to  me.  The 
good  opinion  I  have  of  your  patriotism,  forbids  my  using  any 
arguments  to  induce  you  to  a  compliance  with  a  measure  in 
which  the  safety  and  general  interest  of  America  is  obviously 
and  essentially  concerned."  In  conformity  with  this  request, 
those  who  had  heard  the  remarks  before  narrated,  committed 
the  facts  to  writing  in  the  form  of  affidavits,  and  sent  them  to 
Governor  Clinton.* 

Although  the  JSTew  York  adherents  experienced  great  diffi- 
culty in  upholding  the  government  to  which  they  owed  alle- 
giance, yet  they  did  not  hesitate  to  express  their  views  on  the 
subject  whenever  an  opportunity  was  offered.  On  the  5th  of 
ISTovember,  1781,  Seth  Smith,  Elijah  Prouty,  Daniel  Shepardson, 
and  Hezekiah  Stowell  informed  Governor  Clinton,  by  letter, 
of  their  disapprobation  of  the  "present  basis  of  government" 
as  established  in  Vermont,  and  of  the  threatenings  with  w^hich 
they  had  been  menaced  by  the  people  of  that  state.  Tliey  fur- 
ther declared,  that  "  vast  numbers"  still  held  to  the  state  of  ISTew 
York  and  to  the  authority  of  Congress,  but  were  constrained  to 
suppress  their  sentiments  from  regard  to  personal  safety.  In 
proof  of  these  statements,  they  referred  the  Governor  to  Lieut. 
Israel  Smith,  the  l^earer  of  the  letter.  Tlie  nature  of  this  cor- 
respondence having  become  known,  Seth  Smith,  who  was  re- 
garded by  the  Vermonters  as  a  dangerous  person,  and  who 

_  *  George  Clinton  Papers,  in  K  Y.  State  Lib.,  vol.  xv.  doc.  4265.     MS.  Deposi- 
tions. 


1781,  1782.]  ADDRESS    OF   THE    GUILFOKDITES.  415 

had  also  been  charged  with  being  engaged  in  some  riotous  pro- 
ceedings, was  indicted  in  December,  1781,  before  the  conrt  in 
"Windham  county  for  "  conspiring  and  attempting  an  invasion, 
insurrection,  and  public  rebellion"  against  the  state  of  Vermont, 
and  for  "  attempting  the  alteration  and  subversion"  of  its 
"  frame  of  government  by  endeavoring  the  betraying  the  same 
into  the  hands  of  a  foreign  power." 

Aroused,  no  doubt,  by  this  exercise  of  power,  and  aware  that 
the  agreement  they  had  made  to  sustain  the  jurisdiction  of  Yer- 
mont  at  the  time  of  the  addition  of  the  Eastern  Union,  had  tended 
but  little  to  increase  their  personal  or  political  safety,  the  inha- 
bitants of  Guilford,  on  the  8th  of  January,  1782,  drew  up  an 
address  to  the  Governor  and  Legislature  of  New  York  and  to 
the  "  American  Continental  Congress."  In  this  paper  they  ex- 
pressed regret  that  they  had  been  compelled  by  circumstances 
to  unite  with  Yermont.  In  defence  of  their  conduct,  they 
argued  from  "  the  eternal  and  irresistible  laws  of  self-preserva- 
tion, which  are  ever  prior  to  all  social  laws,  or  the  laws  of  a  par- 
ticular society,  state,  or  commonwealth,"  that  when  a  body  of 
men  were  oppressed,  and  the  state  to  which  they  owed  alle- 
giance could  not  assist  them,  it  was  "forever  justifiable  for  that 
oppressed  people  to  procure  their  own  redress  and  relief  by 
terms  of  composition  with  their  oppressors,"  as  favorable  as 
could  be  obtained.  They  then  referred  to  the  inconveniences 
to  which  they  had  been  subjected  in  earl}^  years  by  the  "  tyran- 
nic administration  of  the  Crown ;"  to  the  persecutions  they  had 
endured  on  account  of  their  allegiance  to  New  York ;  and  to 
the  consequences  which  would  ensue,  should  Congress  cut  off  the 
Eastern  and  Western  Unions  and  establish  Yermont  as  an  inde- 
pendent state.  Without  these  wings,  "  Yermont,"  said  they, 
"  if  filled  up  in  its  utmost  extension,"  would  never  be  able  to 
maintain  inhabitants  enough  to  support  the  "  charges,  honor, 
power  and  dignity  of  an  inland  state ;"  or  to  build  such  defences 
at  the  north  as  are  needed ;  or  to  man,  victual,  and  support 
them,  in  case  they  should  be  erected.  Should  the  dissolution  of 
the  Unions  follow,  and  should  Yermont  be  recognized  by  Con- 
gress as  the  fourteenth  state,  they  declared  that  the  result  to  them 
would  be  but  little  short  of  a  natural  death.  Accompanying  this 
address  was  a  communication,  dated  the  10th  of  January,  from 
Daniel  Shepardson,  Henry  Hunt,  Capt.  Asa  Rice,  Capt.  Daniel 
Wilkins,  Newhall  Earll,  and  Lieut.  David  Goodenough,  assert- 
ing that  almost  aU  the  Yermonters  in  Guilford,  and  many  in  the 


416  mSTOKY    OF   EASTERN    VEKMOKT.  [1782. 

adjacent  towns,  liad  lately  "  turned  against  Yermont,"  and  were 
desirous  of  owning  the  jurisdiction  of  New  York  and  submitting 
to  the  decisions  of  Congress. 

To  excite,  if  possible,  an  additional  interest  in  their  situation, 
the  ISTew  York  party  in  the  townships  of  Guilford  and  Brattle- 
borough,  drew  up  a  "  Representation  "  as  it  was  called,  of  their 
situation,  and  committed  it  to  Setli  Smith  their  agent,  with 
orders  to  present  it  to  the  Legislature  of  New  York,  and  to  the 
Congress  of  the  United  States.  In  this  document,  which  was 
composed  with  much  care  and  apparent  trutlifulness,  Smith,  as 
representant,  declared  that  a  "  very  great  majority  "  of  the 
inhabitants  of  Brattleborough  and  Guilford,  and  "  at  least  three- 
fourths  "  of  the  people  living  within  the  "  usm-ped  jurisdiction 
of  Yermont,  on  the  east  side  of  the  Green  Moimtains  and  west 
side  of  Connecticut  i-iver,"  were  desirous  of  returning  to  the 
"  rightful  jm-isdiction  of  the  state  of  New  York,"  from  which  by 
the  violent  measures  of  the  new  state  government,  and  the 
want  of  necessary  protection  and  assistance  from  Congress  and 
New  York,  they  had  "much  against  their  inclinations,  been 
obliged  to  appear  to  depart ;"  that  the  towns  which  he  repre- 
sented, and  a  majority  of  the  inhabitants  of  the  New  Hamp- 
shire Grants,  were,  as  he  believed,  firmly  determined  to  oppose 
by  arms  the  "  usurped  jurisdiction  of  Yermont ;"  and  that  there 
was  full  evidence  of  the  disaffection  of  "  the  leaders  and  abet- 
tors in  the  assumed  government  of  Yermont "  towards  the  Unit- 
ed States,  and  of  a  "  league  of  amity  "  between  them  and  the 
enemy  in  Canada.  In  support  of  the  last  statement,  he  alluded 
to  the  fact  that  Yermont  commissioners  had  held  frequent  inter- 
views with  commissioners  from  Canada,  both  in  the  latter  pro- 
vince and  on  the  "  Grants ;"  that  the  leading  men  in  Yennont 
had  established  a  neutrality  with  Canada,  publicly  disavowed 
the  authority  of  Congress,  and  authorized  the  transmission  into 
Canada  of  prisoners  belonging  to  Gen.  Burgoyne's  army,  without 
receiving  any  in  exchange ;  that  the  "  staunch  whigs  and  those 
well  affected  to  the  true  interests  of  the  United  States  "  were 
exceedingly  alarmed  at  this  friendly  intercourse  which  they 
could  not  prevent  unless  by  force  of  arms,  since,  as  supporters 
of  New  York,  they  were  not  eligible  to  office  under  Yermont ; 
and  that  the  "  ill-gotten  powers  "  of  the  supporters  of  the  new 
state  "  were  wantonly  and  arbitrarily  "  exercised,  to  the  "  incon- 
ceivable oppression  of  the  best  friends  of  the  American  cause  " 
in  that  portion  of  the  nation. 


17S2.]  CHAKGES   AGAINST   Tllfe   YEEMONTEKS.  417 

In  addition  to  these  charges,  he  stated  that  the  Yermonters 
had  committed  many  acts  of  violence,  nnder  color  of  law, 
against  the  well-atfected  subjects  of  the  state  of  ]^ew  York ; 
that  they  had  proceeded  so  far  against  him,  as  to  canse  him  to 
be  charged — in  an  indictment  for  high  treason  against  "  their 
assumed  government" — with  an  attempt  to  introduce  a  "fo- 
reign power"  into  Yermont,  meaning  undoubtedly  by  these 
words  the  government  of  ]^ew  York  and  the  authority  of  Con- 
gi-ess ;  that  they  had  "  debauched "  into  a  union  with  them- 
selves, portions  of  New  York  and  New  Hampshire ;  that, 
althougli  exempt  from  the  "  common  burthens  of  the  American 
war,"  they  still  exercised  an  "  exorbitant  power  in  taxation  and 
arbitrary  drafts,  to  support  their  usurpations  against  two  of  the 
states  in  the  American  confederacy ;"  and  that  this  latter  pi-oceed- 
ing  was  intolerably  grievous  to  the  great  body  of  the  true  friends 
of  America,  who  were  compelled  to  endure,  since  they  were  not 
able  to  resist.  To  support  these  declarations,  the  representant 
oifered  to  adduce  the  "  most  regular  and  conclusive  proofs,"  pro- 
vided he  and  his  friends  should  be  protected  while  collecting 
tlie  evidence.  He  also  suggested  the  propriety  of  sending  con- 
gressional commissioners  to  make  inquiries  and  return  a  full 
report,  and  added  his  assurance  that  they  would  be  upheld  and 
respected  by  the  majority  of  the  people.  In  conclusion,  he 
gave  as  his  firm  opinion  "  that  unless  Congress  seasonably  and 
vigorously  interpose,  the  well-affected  to  the  state  of  New 
York  and  the  United  States  will  fly  to  arms  in  opposition  to 
the  usurpation  of  Yermont." 

On  reaching  Poughkeepsie,  Smith  waited  on  Gov.  Clinton, 
apprised  him  of  his  business,  and  bespoke  his  assistance.  Chn- 
ton,  at  once,  approved  of  the  undertaking  in  which  Smith  was 
engaged,  and  on  the  21st  of  January  presented  him  with  a  let- 
ter of  introduction  to  William  Floyd,  one  of  the  delegates  from 
New  York  in  Congress.  In  this  communication,  Clinton  recited 
in  brief  the  information  which  Smith  designed  to  communicate, 
and  desired  Floyd  to  aid  that  gentleman  in  fulfilling  his  com- 
mission. "  You  will  be  able,  I  presume,  from  the  temper  of 
Congress,"  wrote  he,  "  immediately  to  determine  what  eflfect 
Mr.  Smith's  representation  is  likely  to  have,  and  if  it  should  not 
appear  probable  that  any  measures  will  be  taken  in  cc'use- 
quence  of  it,  I  wish  he  may  not  be  detained  in  Philadelphia  a 
single  hour  longer  than  is  necessaiy  for  you  to  prepare  your  dis- 
patches."    Agreeable  to  this  request,  the  representation  was 

27 


418  HISTORY    OF   EASTERN   VERMONT.  [1782. 

laid  before  Congress  on  the  2Sth  of  January,  and  was  referred 
witli  other  papers  to  a  special  committee.  Without  waiting  to 
see  the  issue,  Smith  returned  home.  On  he  19th  of  February 
the  first  report  was  made  on  the  subject,  and  was  re-committed. 
On  the  presentation  of  their  second  report  by  the  grand  commit- 
tee, on  the  1st  of  March,  nearly  the  whole  day  was  spent  in  the 
discussion  of  the  Vermont  question,  and  of  the  conduct  of  the 
inliabitants  of  that  state  in  admitting  the  Eastern  and  Western 
Unions  within  their  jurisdictional  limits.  The  result  of  these 
proceedings  was  the  passage  of  a  number  of  resolves  declaring 
the  boundaries  of  the  I^ew  Hampshire  Grants  to  be  henceforth, 
as  they  were  understood  to  have  been,  previously  to  the  admis- 
sion of  the  territory  comprised  within  the  acknowledged  limits 
of  New  York  and  iSTew  Hampshire.  Although  these  resolves 
were  to  a  certain  extent  due  to  the  statements  of  Smith,  yet  the 
main  object  of  his  mission  was  not  accomplished,  since  no  direct 
measures  were  taken  to  secure  those  whom  he  represented  the 
rights  which  they  claimed  as  citizens  of  New  York. 

On  his  way  home,  Smith  left  with  Governor  Clinton  a  copy  of 
the  representation  which  he  had  brought  before  Congress,  and  a 
petition,  dated  February  11th,  addressed  to  the  Legislature  of 
New  York.  In  the  latter  document,  he  stated  that  he  had  been 
authorized  by  his  constituents  to  apply  both  to  Congress  and  to 
the  New  York  Legislature  "  for  their  respective  interposition  on 
the  subject  matter  of  his  representation  ;"  that  the  well-affected 
on  the  "Grants"  would  cheerfully  render  obedience  to  New 
York,  provided  they  could  be  protected ;  that  by  the  laws  of 
Vermont  they  were  deprived  of  civil  and  mihtary  power  ;  and 
that  they  were  determined  to  resort  to  "  the  natural  means  of 
defence  by  arms,"  unless  interposition  should  be  made  in  their 
behalf.  In  view  of  these  difficulties  he  prayed  the  Legislature 
to  employ  "  seasonable  and  vigorous  "  measures,  and  thus  free 
his  constituents  from  the  necessity  of  repelling  force  by  force,  a 
step  which  "  by  the  rights  of  mankind  "  they  would  be  justified 
in  taking.  The  Legislature  were  to  have  met  on  the  10th  of 
February,  but  at  that  time  and  for  several  days  following  there 
was  not  a  quorum  present.  As  soon  as  a  sufficient  numljer  had 
congregated,  the  petition  and  representation  were  read  in  the 
Assembly,  and,  on  the  23d  of  February,  were  referred  to  a  joint 
committee  of  the  Senate  and  Assembly  "  on  the  papers  relative 
to  the  New  Hampshire  Grants,"  consisting  of  Messrs.  Hathom, 
Tompkins,  De  AVitt,  L'Hommedieu,  and  Adgate,  from  the  latter 


17S2.]  DILATOKINESS   OF   C0NGKE8S.  419 

body.  When,  on  the  26th,  the  documents  were  presented  to  the 
Senate,  they  were  disposed  of  in  a  similar  manner,  Messrs. 
Oothoudt,  Whiting,  and  Ward  being  the  members  of  the  joint 
committee  to  whom  they  were  referred. 

As  in  Congress,  so  in  the  JSTew  York  Legislatm-e,  no  direct 
results  followed  this  eiibrt  made  by  the  constituents  of  Smith  to 
obtain  jvistice  for  themselves  and  protection  from  the  people  of 
Vermont.  The  attention  of  both  of  these  bodies  was  too  much 
engaged  in  investigating  the  reports  which  were  daily  pouring 
in  upon  them,  of  a  treasonable  correspondence  between  Ver- 
mont and  Canada,  to  allow  of  an  examination  of  the  incon- 
veniences of  which  the  Guilfordites  and  their  colleagues  com- 
plained. But  the  declarations  which  were  made  were  not 
entirely  lost.  Their  influence  was  discernible  in  the  course 
which  Kew  York,  at  a  later  period,  determined  to  adopt  in 
establishing  government  in  the  late  county  of  Cumberland. 
Soon  after  his  return  home.  Smith  presented  a  petition  to  the 
General  Assembly  of  Vermont,  praying  to  be  released  from  the 
charge  of  treason  which  had  been  brought  against  him.  The 
request  was  referred  to  a  committee,  who  reported  favorably 
thereon,  and  by  an  act  of  the  Assembly,  passed  on  the  23d  of 
February,  he  was  discharged  from  the  indictment  "  for  conspir- 
ing and  attempting  an  invasion,  insurrection  and  public  relDel- 
lion  "  against  the  state,  on  condition  that  he  should  appear  at 
the  court  in  Windham  county  and  answer  to  other  charges 
which  might  be  brought  against  him,  and  take  the  oath  of  alle- 
giance to  Vermont.  Tlie  disappointment  which  he  had  expe- 
rienced at  Congress,  was  undoubtedly  the  cause  of  his  applica- 
tion to  the  General  Assembly.  It  does  not  appear,  however, 
that  he  accepted  the  proposals  which  were  oftered  him,  and, 
judging  from  the  conditions  on  which  they  were  based,  it  is 
probable  they  were  rejected.* 

As  soon  as  Vermont  by  her  own  act  had  dissolved  all  connec- 
tion with  the  Eastern  and  Western  Unions,  many  of  the  residents 
in  several  of  the  towns  of  the  former  county  of  Cumberland,  again 
declared  themselves  citizens  of  New  York.  At  a  town  meeting 
held  at  Brattleborough,  on  the  12tli  of  March,  the  people  assem- 
bled and  declared  by  vote,  that  in  their  opinion  a  treaty  had  been 

*  George  Clinton  Papers,  in  office  Sec.  State  K  Y.,  vol.  xiv.  doc.  4129:  vol 
XV.,  does.  4301,  4834,  4352.  Journals  of  Am.  Cong.,  Feb.  19tli,  March  1st,  1782. 
Vt.  Council  Records.  Journal  Gen.  Ass.  Vt.,  Feb.  1782.  Journals  Ass.  K.  Y. 
Various  MSS. 


420  HISTORY    OF   EASTERN   VERMONT.  [1782. 

"  entered  into  with  the  enemy ;"  that  the  inhabitants  of  the  Kew 
Hampshire  Grants  justly  owed  their  allegiance  to  New  York  ; 
that  it  was  their  own  duty  "  to  withdraw  all  allegiance  or  obe- 
dience to  the  state  or  authority  of  Vermont;"  and  that  in  case  a 
sufficient  number  of  the  inhabitants  of  the  other  towns  in  the 
county  should  adopt  similar  sentiments,  they  would  petition  the 
Governor  of  New  York  to  appoint  civil  and  military  officers 
for  their  guidance,  and  to  establish  a  civil  government  under  the 
authority  of  that  state.  On  the  13th,  a  similar  meeting  was  held 
at  Guilford,  and  was  followed  by  the  same  results.  Tlie  inhabit- 
ants of  Halifax  assembled  on  the  Idth,  for  the  purpose  of  con- 
sulting upon  the  question  of  their  connection  with  New  York, 
and  arrived  at  conclusions  of  a  like  nature. 

On  the  20th,  a  convention  of  the  committees  of  the  tlii'ee 
towns  above  named  met  at  Brattleborough,  for  the  purpose  of 
concerting  such  measures  as  the  peculiar  situation  of  the  county 
demanded.  Elijah  Prouty  of  Brattleborough  was  chosen  mode- 
rator of  the  meeting.  Samuel  Avery,  as  agent,  was  directed  to 
repair  to  the  Legislature  of  New  York,  and  lay  before  them  "  a 
just  and  true  state"  of  the  " oj)pressions  and  grievances"  to 
Mdiich  their  constituency  on  the  "Grants"  were  subjected. 
Certain  persons  were  also  appointed  to  write  to  those  towns 
which  were  not  then  represented,  for  the  purpose  of  eliciting 
their  sentiments  respecting  the  course  which  had  been  adopted 
by  the  convention.  In  regard  to  Hinsdale,  Newfane,  Putney, 
Westminster,  Kockiugham,  and  "Weathersfield,  the  convention 
declared  their  opinion  that,  if  those  towns  had  been  allowed 
proper  time  and  sufficient  notice,  they  would  have  agreed  to 
and  sanctioned  the  objects  and  actions  of  the  meeting.  In  the 
instructions  which  were  afterwards  given  to  Avery,  he  was 
directed  to  deliver  the  papers  which  should  be  entrusted  to  him 
to  the  Legislature  of  New  York,  and  pray  for  their  "  advice  and 
assistance ; "  to  endeavor  to  influence  them  to  establish  actual 
civil  government  on  the  "  Grants,"  "  with  sufficient  authority 
and  force  to  carry  it  into  execution ; "  and,  if  he  should  receive 
encouragement,  to  proceed  to  Congress,  and  lay  the  whole  sub- 
ject before  the  members  of  that  body.* 

These  measures  contributed,  in  a  certain  degree,  to  influence 
the  conduct  of  those  to  whom  personal  appeals  were  made,  but 
they  brought  no  immediate  redress  of  the  evils  complained  of. 

*  MS.  Minutes  of  meetings  held  at  Bi-attleborongh,  Guilford,  and  Halifax. 


1782.]         PEKSEVEEANCE  OF  THE  TORKEKS.  421 

The  return  of  the  inhabitants  in  the  "Western  Union  to  their  alle- 
giance, and  the  question  of  land  titles  on  the  New  Hampshire 
Grants,  were  now  occupying  the  attention  of  the  New  York 
Legislature,  and  the  prayers  of  the  few  were  unheard  among  the 
applications,  petitions,  and  remonstrances  of  the  many. 

Although  the  Yorkers  in  the  townships  of  Brattleborough, 
Guilford,  and  Halifax  received  but  little  encouragement  from 
the  government  whose  authority  they  acknowledged,  yet  they 
did  not  cease,  by  addresses  and  agents,  to  importune  the  Legis- 
lature of  New  York  for  assistance.  However  men  may  disagree 
as  to  the  merits  of  their  cause,  no  one  can  deny  to  them  a  per- 
severance of  itself  almost  worthy  of  a  successful  issue.  On  the 
26th  of  April,  a  remonstrance  in  behalf  of  these  towns  was  pre- 
pared by  Charles  Phelps  of  Marlborough.  He  and  his  sons 
were  violent  opponents  of  the  Yermont  jurisdiction,  and  subse- 
quently became  active  leaders  in  the  New  York  party.  A 
treasonable  correspondence  between  the  principal  men  in  Yer- 
mont and  the  British  in  Canada  was  boldly  asserted  in  this 
document,  and  the  former  were  charged  Math  an  agreement  to 
raise  a  force  to  be  employed  under  British  pay  for  "  the  destruc- 
tion of  the  liege  subjects  "  of  the  United  States.  ComjDlaint 
was  made  at  the  same  time,  because  of  the  taxes  which  the 
friends  of  New  York  were  compelled  to  pay  towards  the  support 
of  a  government  whose  authority  they  denied.  The  incon- 
veniences and  suffering  ensuing  therefrom  were  also  set  forth  in 
the  plainest  terms.  These  statements  were  accompanied  b}'^  a 
request  that  one  regiment  or  more  might  be  raised  and  officered 
in  the  county  of  Cumberland,  under  the  pay  and  authority  of 
New  York;  that  probate  judges,  justices,  coroners,  and  "all 
other  civil  officers"  might  be  commissioned,  for  the  "good  regu- 
lation "  and  "  compleat  protection  "  of  the  people  ;  that  Judge 
Eichard  Moms  might  be  exhorted  to  visit  the  county,  for  the 
purpose  of  encouraging  the  loyal,  and  disheartening  their 
opponents ;  and  that  the  worst  criminals  might  be  carried  to 
Albany  or  Poughkeepsie.  In  closing,  the  committee,  in  whose 
name  the  remonstrance  was  drawn,  expressed  a  desire  that 
Governor  Clinton  should  send  his  answer  "  in  writing,  and  no 
more  by  word  of  mouth,"  in  order  that  the  people  might  see  his 
declarations  in  his  "  own  hand."  * 

At  a  convention  of  the  committees  of  these  three  most  faith- 

*  George  Clinton  Papers,  in  office  Sec.  State  N.  Y.,  vol,  xv.,  doc.  4482. 


422  HISTORY   OF   EASTERN    VERMONT.  [17S2. 

fill  towns,  lield  on  the  30th  of  April,  the  remonstrance  was  ac- 
cepted as  the  expression  of  the  people,  and  Daniel  Shepardson 
was  appointed  to  carry  it  to  Ponghkeepsie,  and  endeavor  to  ob- 
tain a  favorable  response.  He  was  also  entrusted  with  a  list  of 
the  names  of  those  best  quahfied  to  fill  civil  and  military  offices, 
and  was  directed  to  submit  it  to  the  New  York  Council  of  Ap- 
pointment for  their  guidance  in  selecting  officials  for  the  county. 
In  the  execution  of  his  commission,  Mr.  Shepardson  repaired  to 
Ponghkeepsie,  and  received  from  Governor  Clinton  a  reply  to 
the  remonstrance.  In  this  communication,  dated  the  6th  of  May, 
the  Governor  assured  the  associated  committees,  that,  as  soon  as 
the  Council  of  Appointment  could  be  convened,  he  should  use 
his  "best  endeavors"  to  obtain  commissions  for  "the  requisite 
civil  and  military  officers."  He  then  referred  to  the  act  of 
Congress  of  the  24th  of  September,  1779,  which  expressly 
declared  it  to  be  the  duty  of  the  inhabitants  on  the  "  Grants" 
owing  ahegiance  to  Yermont,  to  abstain  from  exercising 
anv  power  over  those  who  were  subjects  of  New  York  and  vice 
versa.  In  view  of  the  conduct  of  New  York  and  of  the  rights 
guaranteed  by  this  enactment,  he  observed :  "  This  state  has, 
during  the  whole  of  the  time  since  the  controversy  was  submit- 
ted to  Congress,  hitherto  strictly  observed  this  recommendation 
of  Congress  ;  and  should  any  person  under  pretence  of  author- 
ity from  the  assumed  government  attempt  to  enforce  their 
laws,  you  will  perceive  that  resistance  by  force  is,  in  every  point 
of  view,  justifi.able,  and  the  faith  and  honor  of  Congress  is  pledg- 
ed for  your  support."  In  regard  to  the  suspicions  which  were 
alloat  as  to  the  course  which  Yermont  was  pursuing  with  the 
British  in  Canada,  he  declared  that  there  was  the  fullest  evi- 
dence of  a  "  criminal  and  dangerous  intercourse"  between  them, 
and  presented  this  fact  as  an  additional  reason  why  the  friends 
of  America  should  "  interest  themselves  in  prevailing  with  their 
fellow  citizens  to  return  to  their  allegiance,  and  by  that  means 
disappoint  the  views  of  a  combination  who  from  motives  of  seh- 
interest  and  ambition  would  enter  into  a  league  with  the  enemy, 
and  sacrifice  the  liberties  of  their  country."  He  stated,  more- 
over, that  in  case  persuasive  measures  should  prove  ineffectual 
in  the  re-establishment  of  peace,  and  Congress  should  delay  or 
wholly  decline  to  decide  the  question  of  jurisdiction,  no  alterna- 
tive would  be  left  to  New  York.  Necessity,  he  declared,  would 
then  force  the  adoption  of  "  compulsory  means"  to  maintain  the 
rights  and  enforce  the  authority  so  essential  to  the  future  peace 


17S3.]  TIIE   EEPUBLIC    OF    GUILFORD.  423 

and  security  of  the  state.  With  this  letter  were  sent  the  two 
late  acts  of  the  Legislature,  one  of  which  had  been  passed  for 
the  purpose  of  extending  pardon  to  those  who  had  been  the  sup- 
porters of  the  Western  Union,  and  to  all  others  who  should  return 
to  their  allegiance  ;  and  the  other  for  confirming  grantees  in  the 
titles  by  which  they  held  their  lands.* 

Hardly  had  the  contents  of  this  letter  transpired,  when  an  op- 
portunity was  ofifered  for  those  who  should  choose  so  to  do,  to 
attest  their  adherence  to  the  government  of  ISTew  York.  By  an 
act  of  the  Legislature  of  Vermont,  passed  a  few  months  previous 
at  the  February  session,  orders  had  been  issued  for  raising  "  three 
hundred  able-bodied,  effective  men,  for  the  ensuing  campaign." 
Li  case  any  town  should  refuse  to  raise  their  quota  of  men,  power 
was  given  to  the  selectmen  to  hire  the  required  number,  and 
to  issue  their  warrant  to  the  sheriff  of  the  county,  directing  him 
to  levy  on  "  so  much  of  the  goods  and  chattels,  or  estate"  of 
the  inhabitants  as  should  be  necessary  both  to  pay  the  wages  of 
those  who  should  be  hired,  and  to  satisfy  all  the  necessary 
charges  which  might  arise.  The  friends  and  supporters  of  the 
government  of  New  York,  who,  until  the  year  1780,  had  com- 
posed a  large  portion  of  the  population  of  the  towns  in  the  south- 
eastern part  of  Vermont,  had  been  gradually  decreasing  in 
power  and  numbers.  At  this  period,  a  majority  of  the  inhabit- 
ants of  Guillbrd,  a  minority  of  the  inhabitants  of  Brattlebo- 
rougli  and  Halifax,  the  family  of  Charles  Phelps  in  Marlbo- 
rough, and  here  and  there  an  individual  in  Westminster,  Rock- 
ingham, Springfield,  and  a  few  other  towns,  represented  their 
fuU  strength.  Although  in  town  elections  they  were  sometimes 
placed  in  nomination  against  citizens  of  Vermont,  yet  the  lat- 
ter were,  with  rare  exceptions,  successful  in  obtaining  ofiice  on 
those  occasions. 

Guilford  had  been  for  several  years,  and  was  at  this  time,  the 
most  populous  town  in  the  state.  This  was  not  owing  to  any 
superior  natural  advantages,  either  as  to  situation  or  soil,  but  to 
the  greater  liberty  which  its  citizens  enjoyed.  On  the  19th  of 
May,  1772,  the  inhabitants,  at  a  district  meeting,  had  refused 
longer  to  be  bound  by  the  terms  of  the  charter  they  had 
received  from  New  Hampshire  ;  had  declared  by  vote,  that 
Guilford  was  in  the  county  of  Cumberland,  and  province  of 

*  Doc.  Hist.  X.  T.,  iv.  1010-1012.     Slade's  Vt.  State  Papers,  pp.  I'lB-llQ.     Pa- 
pers relating  to  Yt.  Controversy,  in  office  Sec.  State  X.  Y.,  p.  46. 


421  HISTORY   OF   EASTEEN   VEKMONT.  [1782. 

Kew  York  ;  and  had  cliosen  town  officers  agreeable  to  tlie  laws 
of  that  province.  "  Having  renounced  their  charter,"  observes 
Thompson,  "and  there  being  no  government  which  really 
exercised  authority  over  them,  they  continued  to  legislate  for 
themselves,  and  tradition  says  that  good  justice  was  done." 
One  principle  in  their  abandoned  charter  was,  however,  ad- 
hered to,  and  "  none  but  proprietors,  or  those  who  held  under 
them,  had  a  right  to  rule,  or  vote  in  their  meetings."  Tlius 
did  this  little  republic  continue  from  year  to  year  to  be 
governed  by  the  decisions  of  town  meetings,  and  the  excellent 
administration  of  its  afiairs  and  the  inducements  which  were 
offered  to  settlers,  clothed  its  fields  with  waving  harvests,  and 
adorned  its  hill-sides  with  cheerful  dwellings.  Not  until  the 
year  17T7,  when  Yermont  was  declared  an  independent  state, 
did  those  rivalries  commence  which  for  years  afterwards  dis- 
turbed the  peace  of  this  happy  community,  and  finally  resulted 
in  its  dissolution.* 

In  accordance  with  the  terms  of  the  act  for  enlisting  soldiere 
in  the  service  of  Yermont,  it  had  been  reported  that  drafts 
would  be  made  from  Guilford.  At  this  juncture  the  letter 
from  Governor  Clinton,  declaring  "  resistance  by  force"  to  be 
justifiable,  was  circulated  among  the  j)eople.  A  meeting  was 
immediately  called  in  Guilford,  wliich  was  largely  attended  by 
the  Yorkers,  the  dominant  party  in  that  town,  and  the  instruc- 
tions from  I^Tew  York  were  adopted.  A  vote  was  passed  by 
which  the  people  declared  their  determination  "  to  stand 
against  the  pretended  state  of  Yermont,  until  the  decision  of 
Congress  be  known,  with  lives  and  fortunes.''''  As  an  evidence 
of  their  sincerit}',  Henry  Evans,  Daniel  Ashcraft,  and  Nathan 
Fitch  were  directed  to  forbid  the  constable  to  act.  Although 
the  New  York  adherents  were  in  the  ascendant,  yet  the  citizens 
of  Yermont  were  by  no  means  backwards  in  asserting  their 
rights.  One  result  of  this  loyalt}^  was,  that  the  affairs  of  the 
towai  were  regulated  by  two  distinct  sets  of  officere,  the  one  ap- 
pointed in  accordance  with  the  customs  of  the  former  state,  and 
the  other  in  accordance  with  those  of  the  latter. 

Instead  of  selecting  the  soldiers  w^ho  were  to  serve  in  the 
Yermont  militia  from  the  citizens  of  that  state  residing  in 
Guilford,  the  officers  chose  them  from  the  opposition.  Those 
who  were  drafted  refused  to  serve,  or  to  bear  the  expenses  of  a 

*  Thompson's  Vt.,  Part  III.  p.  SI. 


1762.]  SYilPTOilS   OF  A   STOKil.  425 

substitute.  An  open  rupture  could  be  no  longer  avoided.  On 
tbe  10th  of  May,  Simeon  Edwards,  William  Marsh,  and  Eph- 
raim  Nicholls,  the  selectmen  of  Guilford  by  the  choice  of  the 
citizens  of  Vermont,  directed  the  sherifi*  of  Windham  county, 
in  the  name  of  the  state,  to  take  the  goods  and  chattels  of 
Samuel  Bixby,  William  White,  Josiah  Bigelow,  Joel  Bigelow, 
and  Daniel  Lynde,  to  the  value  of  £  15,  that  being  the  amount 
which  had  been  expended  by  the  state  in  hiring  a  man  to  do 
military  duty  in  their  behalf.  The  sheriff  was  further  in- 
structed to  sell  whatever  he  should  seize,  at  public  vendue,  and 
return  the  proceeds  to  the  selectmen,  "  with  ah  convenient 
dispatch."  Tlie  warrant  authorizing  these  proceedings  was 
placed  in  the  hands  of  Barzillai  E,ice,  one  of  the  sheriff's 
deputies,  who  determined  to  execute  it  immediately.  On 
reaching  the  house  of  Hezekiah  StoweU,  a  most  violent  Guil- 
fordite  Yorker,  he  found  a  large  company  assembled,  and 
among  the  number  some  whom  he  wished  to  see.  Supposing 
himself  secure  from  the  danger  of  an  attack,  both  by  his 
official  character  and  by  the  presence  of  two  of  the  selectmen 
who  had  drawn  the  warrant,  he  made  known  his  business,  and 
his  determination  to  obtain  either  the  fines  or  their  equivalent. 
This  declaration  created  much  confusion,  and  angry  words 
were  heard  from  every  part  of  the  room.  Opposition  to  the 
unjust  demands  of  Yermont  was  loudly  proclaimed,  and  it  was 
plainly  evident  that  words  were  to  be  but  the  prelude  to  action. 
William  Shattuck,  of  Halifax,  a  leader  among  the  Yorkers, 
failed  not  on  this  occasion  to  strengthen  the  minds  of  his  friends. 
Mingling  in  the  crowd,  he  counseUed  them  to  protect  their 
rights  ;  to  stand  by  their  liberties  ;  and  to  repel  the  invasions 
of  a  usurped  power.  "  I  am  a  supporter  of  the  opposition," 
he  declared,  "  both  in  public  and  in  private.  I  deny  the 
authority  of  Yermont.  The  cause  that  I  maintain  is  just,  and 
I  have  done  and  will  do  all  in  my  power  to  uphold  it."  With 
Shattuck  the  majority  coincided.  A  few  were  disposed  to 
settle  the  fines,  provided  satisfactory  terms  could  be  agreed  on. 
For  the  sake  of  a  more  private  interview,  the  deputy,  selectmen, 
and  those  interested  in  the  proceedings,  repaired  to  the  house 
of  Josiah  and  Joel  Bigelow.  Henry  Evans  and  William  White, 
who  acted  for  the  five  delinquents,  having  considered  the  subject 
at  length,  were  finally  agreed  as  to  the  course  they  should  pursue, 
and  requested  the  deputy  to  delay  the  execution  of  the  warrant 
for  twenty  days,  that  they  might  have  an  opportunity  to  send 


426  niSTOKY    OF   eastern    VERMONT.  ^     [178? 

to  Kew  York  for  instructions.  Tliis  the  deputy  refused  to  do, 
and  forthwith  proceeded  to  carry  off  a  cow  belonging  to  Joel 
Biffelow,  havino;  first  ordered  all  who  were  present  to  assist  him 
in  the  execution  of  his  office. 

Evans,  who  had  now  become  excited,  interposed,  ordered  the 
deputy  to  be  gone,  threatened  him  with  violence  in  case  he 
should  persist,  and  "  damned  the  authority  "  under  which  he 
was  presuming  to  act.  Disregarding  these  expressions,  the 
deputy  persisted  in  the  attempt,  and  took  possession  of  the  cow. 
Determined  to  release  the  animal  and  return  her  to  her  owner, 
a  large  crowd  followed  the  deputy,  awaiting  a  favorable  oppor- 
tunity to  accomplish  their  purpose.  At  length  the  voice  of 
Capt.  Joseph  Peck  of  Guilford  was  heard  ordering  his  men,  who 
were  present  in  the  dress  of  citizens,  to  "  embody  to  rescue." 
The  connnand  was  obeyed,  the  deputy  was  surrounded  by  a 
mob  of  forty  or  fifty  men,  and  the  cow  was  seized  and  driven 
away  in  triumph.*  Such  was  the  result  of  this  determination  to 
resist  the  execution  of  the  laws  of  Vermont.  While  the  support- 
ers of  the  claims  of  New  York  exulting  in  the  success  w^hich 
had  attended  this  effort,  were  making  every  exertion  to  add  to 
their  strength  and  increase  their  efficiency,  the  citizens  of  Yer- 
mont  were  rejoicing  that  this  forcible  resistance  had  placed 
them  in  possession  of  an  argument  which  would  henceforth 
warrant  them  in  punishing  their  opponents  as  disturbers  of  the 
peace  and  contemners  of  lawful  jurisdiction.f 

*  Iq  the  presentment  of  tlie  grand  jurors  of  Windham  county,  made  in  Sep- 
tember, 1782,  the  following  persons  were  charged  with  being  engaged  in  the 
transaction  mentioned  in  the  text :  Jotham  Bigelow,  Daniel  Lynde,  Joel  Bigelow, 
Josiah  Bigelow,  William  White,  Samuel  Bixby,  Giles  Robei-ts,  Dean  Chase,  Ben- 
jamin Chase,  Nathaniel  Carpenter,  Edward  Carpenter,  Asaph  Carpenter,  Daniel 
Shepardson,  Adonijah  Putnam,  Nathan  Avery,  Josiah  Rice,  David  Goodeiiough, 
John  Stafford  Jr.,  James  Packer,  Stephen  Chase,  Joshua  Nurse,  Noah  Shepardson, 
Joseph  Peck,  Joshua  Lynde,  Shubael  Bullock,  Israel  Bullock,  Samuel  Melendy, 
Joseph  Dexter,  Moses  Yaw,  Amos  Yaw  Jr.,  and  Hezekiah  Broad,  all  of  Guilford ; 
and  Elijah  Prouty  and  Benjamin  Baker  of  Brattleborough.  Besides  these,  there 
were  present,  Timothy  Church  of  Brattleborough,  William  Shattuck  of  Halifax, 
Henry  Evans  of  Guilford,  and  others  whose  names  did  not  appear. 

f  MS.  Court  Records.     Thompson's  Vt.  Gazetteer,  ed.  1824,  p.  141. 


CHAPTER  XYI. 

THE   CITLL    SUSTAESTED    BY   THE    MILITAKT    AKM. 

Convention  of  town  representatives  favorable  to  New  York — Petition  and  remon- 
strance— Credentials — Charles  Phelps — Novel  punishment  at  Hertford — Letter 
of  Richard  Morris — Council  of  Appointment — Civil  and  military  officers — 
Advice  of  Gov.  Clinton  to  Col.  Timothy  Church — Act  of  the  General  Assembly 
of  Vermont  for  the  punishment  of  conspiracies — Isaac  Tichenor's  visit  to  the 
Yorkers — Anticipations  of  trouble — Meeting  at  Guilford — Letters  from  Gov. 
Clinton  to  CoL  Church  and  to  the  supporters  of  the  jurisdiction  of  New  York — 
Determined  conduct  of  the  Yorkers — Col.  Church  resists  the  laws  of  Vermont — 
Tlie  command  of  the  Vermont  troops  given  to  Ethan  Allen — Preparations  for 
attack  and  defence — The  expedition — CoL  Ira  Allen's  adventure — Bravery  of 
Mrs.  Timothy  Phelps — Effects  the  escape  of  her  husband — An  amusing  scene — 
Mr.  Phelps  is  afterwards  taken  by  Ethan  Allen — The  onset  of  the  Guilfordites — 
Ethan  Allen's  famous  proclamation — His  force  receives  additions — The  Yorkers 
imprisoned  at  Westminster — First  day  of  the  trial — Proofs  of  the  seditious 
behavior  of  Chui-ch,  Shattuck,  Evans,  and  T.  Phelps — Their  sentence — Another 
attempt  to  take  Charles  Phelps — His  library — Second  day  of  the  trial — Boast- 
ing of  Ethan  Allen — Remainder  of  the  court  session  at  "Westminster — A  special 
session  at  Marlborough — Trials  and  sentences — Samuel  Ely's  offence — His  trial 
and  punishment — Sufferings  of  the  Yorkers. 

The  excitement  caused  by  this  disturbance  having  partially 
subsided,  representatives  from  the  towns  of  Brattleborough,  Guil- 
ford, Halifax,  and  Marlborough  assembled  in  convention,  on  the 
17th  of  May,  and  prepared  a  combined  "remonstrance  and 
petition  "  for  the  consideration  of  Governor  Clinton.  Tliis  pro- 
duction did  not  embody  a  specific  narrative  of  the  late  resistance, 
but,  in  the  most  general  terms,  disclosed  the  fact  that  "  intrigues, 
conspiracies,  and  insurrections  "  were  "  daily  perpetrated  "  by 
the  Yermonters ;  that  warrants  were  frequently  issued  for  the 
seizure  of  the  persons  and  property  of  the  petitioners ;  and  that 
usurpations  had  been  "  vaHantly  opposed  "  by  the  friends  of 
New  York.  The  petitioners  declared  it  to  be  their  intention  to 
defend  their  rights  by  force,  until  "  proper  authority  "  should  be 
instituted.     At  the  same  time  they  acknowledged  that  their 


428  HISTOKT    OF   EASTERN    VEKMONT.  [1782. 

defeat  was  certain,  unless  they  should  receive  external  aid. 
For  these  reasons  they  prayed  the  Governor  to  use  his  influence 
in  obtaining  the  appointment  of  a  sufficient  number  of"  prudent, 
just,  and  faithful  officers,  both  civil  and  military,  of  every  kind 
necessary  or  proper  for  all  the  purposes  of  an  organized  govern- 
ment," who  should  be  forthwith  sworn  into  office,  and  permitted 
to  enter  upon  their  duties.  They  also  asked  for  permission  to 
convey  prisoners  to  any  jail  in  the  state  of  New  York.  Tliat 
the  Yermonters  might  have  no  cause  to  charge  them  with 
indifierence  to  the  common  cause,  they  desired  tlie  Governor  to 
command  his  subjects  in  Cumberland  and  Gloucester  counties 
to  raise  a  reasonable  quota  of  men  for  the  war,  and  collect 
means  for  their  payment  and  support.*  The  establishment  of 
courts  of  civil  and  criminal  jurisdiction  was  declared  to  be  indis- 
pensable to  their  safety,  and  the  only  means  by  which  their 
enemies  could  be  punished  for  the  violation  of  the  rights  of  the 
subjects  of  New  York. 

Appended  to  this  document  were  the  credentials  of  Charles 
Phelps,  who  had  been  selected  to  carry  it  to  Poughkeepsie.  In 
these  credentials  the  subjects  discussed  in  the  petition  were 
rehearsed  in  brief,  and  a  few  topics  were  considered  which  had 
been  omitted  in  the  latter.  Mr.  Phelps  was  directed  "  to  urge  " 
the  Governor  "  with  all  possible  assiduity  and  zeal "  to  send 
Judge  Morris  and  his  associates  into  the  county  of  Cumberland, 
for  the  purpose  of  holding  a  court  of  Oyer  and  Terminer.  Such 
a  course,  it  was  argued,  would  tend  to  the  speedy  establishment 
of  legal  rights ;  and  would  prove  to  the  citizens  of  Yennont  the 
determination  of  the  government  of  New  York  to  protect  its 
subjects  from  the  ill  treatment  to  which  they  were  continually 
exposed.  In  the  same  paper  Mr.  Phelps  was  recommended  as 
a  proper  person  for  first  justice  of  the  Inferior  court  of  Cumber- 
land county,  whenever  such  a  tribunal  should  be  established. 

The  documentaiy  force  of  the  agent  was  completed  by  a  third 
paper,  entitled,  "  Reasons  to  Induce  His  Excellency  the  Gover- 
nor, Judge  Morris,  the  Attorney-General,  and  the  Council  of 
Appointment,  to  go  into  Cumberland  and  Gloucester  Counties 
to  appoint  Civil  and  Military  officers  for  the  complete  organizing 
them,  and  instituting  civil  and  military  Government  and  Courts 


*  Although  the  government  of  Vermont  had  divided  the  eastern  portion  of  that 
state  into  the  counties  of  Windham,  Windsor,  and  Orange,  as  before  stated,  the 
supporters  of  the  jurisdiction  of  New  York  recognised  only  the  old  divisions. 


1782.]  CIVIL   AND   MILITARY   APPOmTMENTS.  429 

of  Justice,  as  fully  to  all  intents  and  purposes  as  in  any  other 
Counties  in  the  State.''  These  reasons  were  two  in  number.  In 
the  first  place  it  was  stated,  that  such  a  visit  would  "  fully  con- 
vince the  New  York  state  subjects"  that  the  Legislature  had 
determined  to  defend  them  from  the  encroachments  of  a  rival 
power,  and  would  "  naturally  embolden"  them  to  exert  them- 
selves "ineveiy  possible,  lawful,  prudent  manner,"  to  sujiport  the 
government  which  oiFered  them  protection.  A  second  result, 
it  was  declared,  would  be  to  "  sink  the  hearts  and  deaden  the 
resolution  of  all  the  Vermont  party  ;  intimidate  their  guilty  and 
dejected  minds  ;  enfeeble  their  resolutions  against  us,  and  whol- 
ly enervate  all  their  ambitious,  malignant,  avaricious,  and  de- 
spotic designs,  so  arrogantly  formed  against  us  and  the  right- 
eous administration  of  the  state."  Such  were  the  consequences 
which  were  expected  to  foUow  the  exhibition  in  Vermont  of 
some  of  the  state  officials  of  New  York.  The  petition,  creden- 
tials, and  reasons,  were  all  composed  by  Charles  Phelps,  and  in 
style  and  argument,  evinced  an  originality  worthy  of  notice. 
Armed  with  these  missives,  the  agent  set  out  for  Pouglikeepsie, 
resolved  to  save  the  "  half-ruined  state"  as  he  called  New  York, 
provided  eloquence  and  logic  were  allowed  to  exert  their  proper 
influence.* 

While  in  Windham  county  the  difficulties  which  prevailed, 
seemed  to  spring  principally  from  political  causes,  there  would 
sometimes  hapj)en  in  other  portions  of  the  eastern  section  of  the 
state  disturbances  originating  in  a  dislike  of  the  delay  which 
usually  accompanied  the  execution  of  law.  An  incident  which 
occurred  at  Hertford,  originated  in  a  sentiment  of  this  nature. 
John  Billings  of  that  town,  having  been  guilty  of  some  con- 
temptible act,  was  threatened  with  punishment.  Tliis  was  in- 
flicted in  such  a  manner  as  to  cause  considerable  physical  sufier- 
ing,  and  was  humiliating  in  the  extreme.  On  the  night  of  the 
SOtli  of  May,  a  party  of  men  composed  of  Jedediah  Leavins,  Phine- 
has  Killam,  James  Williams,  Timothy  Lull  Jr.,  Aden  Williams, 
Timothy  Banister,  Simeon  Williams,  Joab  Belden,  and  William 
Miller,  all  of  Hertford,  and  Moses  Morse  and  Amos  Robinson 
of  Windsor,  "  with  force  and  arms,  unlawfully,  riotously,  and 
routously"  assembled  and  assaulted  the  unfortimate  citizen.  As 
was  more  clearly  set  forth  in  the  presentment  of  the  grand  jury, 
they  "  did  beat,  wound,  and  iU-treat"  him  by  "  placing  him  on 

*  George  Clinton  Papers,  in  N.Y.  State  Lib.,  vol.  xr.  doc.  4527. 


430  HISTORY    OF   EASTERN    VERMONT.  [17S2. 

an  old  lioi-se  without  a  saddle,  tying  liis  feet  under  the  belly  of 
said  horse,  and  hanging  to  his  feet  a  very  heavy  weight,  and  in 
that  situation  causing  him  to  ride  to  a  considerable  distance, 
by  which  he  suftered  great  pain  and  inconvenience."  Scenes 
of  violence  are  necessary  concomitants  of  a  new  settlement. 
Vermont,  it  is  seen,  did  not  present  an  exception  to  the  general 
rule.  In  the  present  instance,  however,  the  law  asserted  its 
power,  and  the  disturbers  of  the  pubhc  peace  and  the  infringers 
of  Mr.  Billings's  personal  rights,  were  punished  by  pecuniary 
mulcts,  and  were  compelled  to  bear  the  costs  of  the  prosecu- 
tion.* 

On  his  way  to  Poughkeepsie,  Mr.  Phelps  visited  Chief-justice 
Kichard  Morris  at  Claverack,  and  made  known  to  him  the  ob- 
ject of  his  mission.  He  also  detailed  the  events  which  had 
lately  occurred  in  the  southern  part  of  Yermont ;  laid  before 
the  Judge  the  different  papers  with  which  he  had  been  entrust- 
ed ;  informed  him  that  the  Governor,  the  Attorney-General, 
and  the  Council  of  Appointment  were  to  start  immediately  for 
the  disaffected  district  for  the  pui-pose  of  organizing  a  govern- 
ment and  establishing  courts  of  justice  on  a  solid  basis  ;  and  as- 
sured him  that  it  was  absolutely  necessary  that  he  should  accom- 
pany them.  Although  several  of  these  statements  were  gratui- 
tous on  the  part  of  Phelps,  yet  they  were  pressed  with  so  much 
urgency  that  they  received  immediate  attention.  "  I  cannot 
find  out,"  w^rote  Morris  to  Clinton,  on  the  2d  of  June,  with  re- 
ference to  Phelps,  "  that  he  wants  me  for  any  other  purpose 
than  to  talk  to  the  people,  and  I  am  sure  that  he  so  far  excels 
me  in  that  business,  that  I  shall  rather  expose  myself  than  be 
of  any  advantage.  But  jokes  apart,  if  you  are  going  into  that 
country,  and  you  thinlf  my  presence  will  be  useful,  though  I  can 
illy  spare  the  time  or  money  that  must  be  spent,  I  will,  with 
pleasure,  accompany  you."  He  also  expressed  his  concurrence 
in  the  contemplated  movement  to  ajjpoint  officers  in  the  coun- 
ties of  Cumberland  and  Gloucester.f 

On  reaching  Poughkeepsie,  Mr.  Phelps  committed  the  j)apers 
with  which  he  had  been  entrusted  to  Governor  Clinton.  The 
Council  of  Appointment  who  were  then  in  session,  evinced  a 
disposition  suited  to  the  emergency.  They  decided  in  the  out- 
set, that  the  loyal  inhabitants  of  the  northern  district  of  the 
state  were  entitled  to  protection,  and  to  the  actual  presence  in 

"*  MS.  Court  Papers. 

f  George  Clinton  Papers  in  K  Y.  State  Lib.,  vol.  xv.  doe.  4565. 


1782.]  POAVEES   OF   JUSTICES.  431 

their  counties  of  proper  civil  and  military  officers  selected  from 
their  own  number.  On  the  5th  of  June,  Charles  Phelps,  James 
Clay,  Eleazer  Patterson,  Hilkiah  Grout,  Simon  Stevens,  Elijah 
Proutj,  Michael  Gilson,  Samuel  Bixbj,  Daniel  Shepardson, 
Hezekiah  Stowell,  Bethuel  Church,  John  Pannel,  Nathan  Fish, 
Joseph  Winchester,  and  Daniel  Kathan,  were  appointed  justices 
of  the  peace  for  Cumberland  countj.  In  their  commission, 
power  was  given  them  to  order  the  arrest  of  those  persons  who 
should  threaten  any  of  "  the  good  people"  of  the  state,  "  in  their 
persons,  or  in  burning  their  houses,"  and  to  keep  them  "  in 
prison  safe,"  until  they  should  find  security  for  their  good 
behavior.  To  the  first  seven  persons  named  in  the  justices' 
commission,  were  also  given  the  name  and  power  of  justices  of 
the  quorum ;  and  to  any  three  of  this  number  was  entrusted 
tlie  "  right  to  enquire  by  the  oaths  of  good  and  lawful  men," 
residents  of  the  county,  concerning  such  offences  as  were  within 
the  cognizance  of  a  j  ustice  of  the  peace,  and  to  determine  upon 
them.  They  were  also  empowered  to  examine  into  the  conduct 
of  those  who  should  "  presume  to  go,  or  ride  in  company  with 
armed  force,"  for  the  purpose  of  opposing  the  people  of  the 
state  of  New  York,  or  who  should  lie  in  wait  with  intent  to 
maim  or  kill  any  of  them  ;  and  they  were  further  directed  to 
take  notice  of  all  attempts  to  set  aside  the  laws  and  ordinances 
of  the  state.  Tlie  justices  of  tlie  quorum  were  also  appointed 
justices  of  the  court  of  Oyer  and  Terminer,  and  general  jail 
delivery.  To  Charles  Phelps,  James  Clay,  and  Hilkiah  Grout, 
was  given  power,  as  commissioners,  to  administer  the  oath  of 
office  to  all  civil  and  military  appointees. 

Of  the  regiment  which  had  been  estabhshed  for  several  yeai-s 
in  the  southern  part  of  the  county  of  Cumberland,  Timothy 
Church  was  appointed  Lieutenant-Colonel  Commandant ;  "Wil- 
liam Shattuck  First  Major,  Henry  Evans  Second  Major,  and 
Joel  Bigelow  Adjutant.  Tlie  commissions  of  all  the  officers 
were  prepared  without  delay,  and  delivered  to  Mr.  Phelps,  who 
immediately  set  out  on  his  return.  He  was  also  the  bearer  of 
two  letters  from  Governor  Clinton,  one  for  the  convention  of 
the  committees,  and  the  other  for  Colonel  Church.  In  the 
foi'mer,  his  Excellency  stated  that  it  had  not  been  deemed 
advisable  to  appoint  judges  for  the  courts  of  Common  Pleas,  as 
the  opening  of  those  courts  was  not  then  "  essential  to  the  pre- 
servation of  peace  and  good  order,"  and  might  be  attended  with 
inconvenience ;  that  it  was  not  the  intention  of  the  state  to 


432  HISTOKT   OF   EASTERN   VERMONT.  [1782. 

delay  the  "  complete  organization"  of  government  in  Cumber- 
land county,  but  to  await  the  proper  time  for  such  action ;  and 
that  the  proceedings  of  the  Council  of  Appointment  had  been 
in  accordance  with  the  course  which  was  deemed  best  calcu- 
lated to  advance  the  interests  of  the  county.  In  the  other  let- 
ter, the  Governor  notified  to  Colonel  Church  his  appointment ; 
requested  him  to  consult  with  others,  and  decide  upon  proper 
persons  for  captains  and  subaltern  officers,  in  order  that  the 
formation  of  his  regiment  might  be  completed;  exhorted  him 
to  protect  the  countiy  from  the  depredations  of  the  enemy,  by 
sending  out  detachments  of  men  whenever  their  presence  would 
be  of  service  ;  and  desired  him,  in  the  execution  of  his  office,  to 
pay  strict  attention  to  the  recommendations  of  Congress,  by 
extending  his  authority  over  such  oidy  as  professed  allegiance 
to  New  York,  "  unless  the  conduct  of  the  usurped  government 
in  contravening"  those  recommendations,  should  render  "  a  con- 
trary conduct  indispensably  necessary  for  the  immediate  protec- 
tion and  safety"  of  those  whom  he  was  bound  to  defend.^ 

At  the  session  in  June,  the  General  Assembly  of  Yermont, 
knowing  well  what  preparations  the  Yorkers  were  making  to 
resist  the  execution  of  the  laws  of  Yermont,  determined  to 
check  their  proceedings  by  persuasive  measures,  if  possible, 
and  if  these  should  not  succeed  by  compulsory  laws.  As  an 
inceptive  step,  a  resolution  was  adopted  on  the  19th  of  June,  in 
which  Isaac  Tichenor  was  requested  to  repair  to  the  towns  of 
Brattleborough,  Halifax,  and  Guilford,  for  the  purpose  of  ex- 
plaining the  proceedings  of  Congress  "  to  the  disaffected,  in  a 
true  light ;"  and  using  his  "  utmost  exertions  to  unite  the 
people  in  those  towns"  to  the  government  of  Yermont.  On  the 
same  day  an  act  was  passed  "  for  the  punishment  of  conspira- 
cies against  the  peace,  liberty,  and  independence"  of  the  state. 
Upon  this  act  were  based  the  indictments  which  were  found 
against  those  who  a  few  months  later  were  declared  guilty  of 
treason.  Its  framers  seem  to  have  presupposed  in  its  prepara- 
tion, the  very  condition  in  which  the  state  was  so  soon  to  be 
placed  by  the  conflicts  between  the  government  and  the  oppo- 
sition. The  positions  which  were  assumed  in  it,  were  sufficiently 
broad  to  answer  the  ends  of  those  who  had  resolved  to  maintain 
the  integrity  of  Yermont.     Its  terms  were  as  follows : — 

"Whereas,  unanimity — the  great  strength  and  security  of  a 

*  George  Clinton  Papers  in  N.  Y.  State  Lib.,  vol.  xv,  doc.  4574.     MS.  Com 
missions. 


1782,]  ACT   FOR   THE   PUNISHMENT   OF   CONSPIRACIES.  433 

free  and  independent  people — is  necessary  for  the  existence  of 
a  sovereign  state ;  and  whereas,  insurrections  may  rise  among 
the  inhabitants  of  this  state,  fomented  and  stirred  np  by  some 
designing  persons,  with  a  manifest  intent  to  subvert  and  destroy 
the  Hberties  and  independence  of  the  same — which  evil  to  pre- 
vent— 

"  Be  it  enacted,  and  it  is  hereby  enacted,  by  the  representa- 
tives of  the  freemen  of  the  state  of  Yermont  in  General  Assem- 
bly met,  and  by  the  authority  of  the  same,  that  when,  and  so 
often  as,  six  or  more  persons  shall  assemble  with  weapons  of 
terror,  with  a  manifest  intent  to  impede,  hinder  or  disturb  any 
officer  of  this  state,  in  the  execution  of  his  office ;  or  shall  rescue 
any  prisoner,  in  the  custody  of  the  law ;  or  any  goods,  or  chattels, 
legally  distrained ;  and  there  shall  be  among  said  persons  six,  or 
more,  who  do  not  yield  allegiance  to  the  authority  of  this  state, 
or  have,  and  do  deny  the  jurisdiction  of  the  same ;  all  and 
every  person  so  offending  shall  suifer  banishment  or  imprison- 
ment, at  the  discretion  of  tlie  Superior  court,  before  whom 
said  offenders  shall  be  tried :  and  their  goods,  chattels,  and 
estates,  shall  be  seized,  condemned,  and  sold,  by  order  of  the 
Superior  court,  as  forfeited  to  the  use  of  this  state. 

"And  be  it  further  enacted  by  the  authority  aforesaid 
that  if  any  person  or  persons  shall  conspire  or  attempt  any 
invasion,  insurrection,  or  public  rebellion  against  this  state ;  or 
shall  treacherously  and  perfidiously  attempt  the  alteration  or 
subversion  of  our  frame  of  government,  fundamentally  esta- 
blished by  the  constitution  of  this  state,  by  endeavoring  the 
betraying  of  the  same  into  the  hands  of  any  of  the  neighboring 
states,  or  any  other  power,  and  be  thereof  convicted  before  the 
Superior  court,  [such  person  or  persons]  shall  suffer  banishment 
or  imprisonment,  at  the  discretion  of  the  said  court ;  and  the 
goods,  chattels  and  estates  of  such  offenders,  shall  be  seized,  con- 
demned, and  sold,  as  forfeited  to  the  use  of  this  state. 

"  And  be  it  further  enacted  by  the  auth<Drity  aforesaid,  that 
if  any  person  or  persons,  so  banished,  shall  neglect  to  depart 
when  ordered ;  or,  when  departed,  shall  return  to  this  state, 
without  first  obtaining  Hberty  from  the  General  Assembly,  and 
shall  be  thereof  convicted,  he  or  they  shall  suffer  death."* 

In  conformity  with  his  appointment,  Mr.  Tichenor  visited  the 
most  fractious  of  the  southern  towns  in  Yermont,  and  endeavored 

*  Journals  Gen.  Afis.  Vt.    Slade's  Vt  State  Papers,  p.  454. 
28 


434  HISTORY    OF   EASTERN    VERMONT.  [1782. 

to  expound  to  tlie  people  the  proceedings  of  Congress  relative  to 
the  affairs  of  the  contending  states.  He  informed  them  that 
Vermont  was  a  state  in  everj  sense  of  the  term  ;  that  their 
safety  consisted  in  acknowledging  its  jurisdiction;  that  the  law 
would  inflict  punishment  in  case  they  should  not  submit ;  and 
that  the  promises  of  protection  and  defence  from  New  York 
were  unreliable  and  fallacious.  Although  many  believed  that 
New  York  would  not  willingly  desert  her  subjects  in  the  hour  of 
trial,  yet  the  idea  was  also  23revalent  that  she  would  be  linally 
compelled  to  pursue  this  course.*  Whatever  may  have  been 
the  effect  of  Mr.  Tichenor's  reasoning  on  those  who  had  become 
wearied  with  resisting  the  authority  of  Vermont,  there  were  some 
in  whose  minds  it  aroused  a  spirit  more  decided  in  its  opposition 
to  the  new  state.  "  I  have  sounded  the  minds  of  Vermonters," 
wrote  Charles  Phelps  to  Governor  Clinton,  on  the  10th  of  July, 
"  and  find  tluit  they  dare  not  at  present,  in  the  four  towns  where 
the  committees  dwell,  meddle  with  us  Yorkers,  if  people  don't 
come  from  Bennington  county  with  weapons  of  terror  to  scare 
or  frighten  or  fight  us."  He  stated  his  belief  that  "  people  of  pro- 
perty "  would  not  dare  to  attack  the  Yorkers ;  and  that  those  who 
should  be  so  rash  as  to  make  any  warlike  demonstrations  would 
be  slaughtered  as  readily  as  the  common  enemy.  To  render 
the  condition  of  the  opposition  more  secure,  he  suggested  that 
General  Washington  should  order  four  field-pieces  to  be  sent  from 
Springfield  to  Brattleborough.  A  demonstration  of  this  nature, 
he  contended,  would  have  more  effect  in  preventing  trouble, 
than  a  militia  force  of  three  hundred  Yorkers  raised  without 
the  sanction  and  orders  of  Washington.  Further  to  encourage 
the  Governor  to  sustain  the  friends  of  New  York,  Daniel 
Shepardson  informed  him,  on  the  15th  of  July,  that  some  of  the 
inore  northern  towns  in  Vermont  would  unite  in  favor  of  the 

*  In  reference  to  Mr.  Tichenor's  embassy,  Gov.  Clinton  wrote  to  the  Hon. 
James  Duaue,  from  Poughkeepsie,  on  the  5th  of  August,  17  82,  in  these  words:  "Mr. 
Tichenor  was  sent  among  them  [the  friends  of  Xew  York]  by  the  leaders  of  the 
revolt,  to  endeavor  to  prevail  upon  them  to  submit  to  their  government,  and  for 
this  purpose  made  a  very  unfair  use  of  the  last  report  of  the  committee  of  Congress, 
by  endeavoring  to  deceive  them  into  an  opinion  that  it  was  the  general  sense  of 
Congress,  and  that  a  determination  would  accordingly  soon  be  made  in  favor  of 
their  independency.  Tho'  I  have  reason  to  believe  that  Mr.  Tichenor  did  not 
succeed  in  his  intentions,  yet  by  these  acts  and  by  inducing  the  people  who  live 
more  exposed  to  believe  that,  while  they  continue  connected  with  tliem,  they 
have  nothing  to  apprehend  from  the  common  enemy,  they  have  in  some  deforce 
defeated  the  effect  which  the  pacific  measures  of  our  Legislature  would  have 
had  on  them,"     George  Clinton  Papers,  in  X.  Y.  State  Lib.,  vol.  xvi.  doc.  4697. 


1782.]  ACTIVITY   OF   THE   VERMONT    LEGISLATURE.  435 

I^ew  York  jnriscliction,  provided  assurances  could  be  given  of 
assistance  from  head-quarters.* 

From  the  activity  displayed  bj  the  Yermont  Legislature  in 
passing  and  promulgating  laws  aimed  directly  at  the  extinction 
of  the  faction  which  refused  to  pay  Yermont  taxes  or  recognize 
Yermont  legislation,  and  which  was  determined  to  resist  by 
force  the  execution  of  measures  not  originating  with  the  govern- 
ment of  ISTew  York — it  was  evident  that  a  blow  was  soon  to  be 
struck  which  would  cripple  the  strength  of  the  faction,  or  crush 
it  for  ever.  Tlie  committees  of  the  few  towns  which  still  con- 
tinued loyal  to  ISTew  York  were  aware  of  this  state  of  things 
when  they  assembled  at  Gijilford  on  the  15th  of  July,  to  con- 
sult upon  the  course  which  they  should  adopt  in  case  an  appeal 
was  had  to  arms.  In  their  petition  to  Governor  Clinton-:— the 
inevitable  result  of  a  meeting — they  rehearsed  the  occurrences 
of  the  few  weeks  previous,  and  hinted  their  disquiet  in  words 
which  almost  announced  it.  That  their  own  courage  might 
be  strengthened,  the  enemy  terrified,  and  their  "wavering 
brethren"  encouraged,  they  besought  the  Governor  to  order  the 
militia  in  the  western  part  of  Kew  York  to  march  against  the 
Yermonters  in  case  they  should  cross  the  mountains  and  com- 
mence hostilities  upon  the  Yorkers  in  Cumberland  county. 
Tliey  also  asked  for  definite  commands  "  to  fight  and  stand"  in 
their  own  defence.  In  order  to  nullify  the  arguments  and  elo- 
quence which  had  been  employed  by  Yermont  in  miscon- 
struing the  meaning  of  the  resolves  of  Congress,  they  desired 
his  Excellency  to  send  an  intelligent  man  to  counteract  the 
eftbrts  of  "  Esquire  Tichenor,"  and  to  certify  to  the  people  to 
what  extent  they  might  depend  upon  New  York  in  the  sup- 
port of  her  own  jurisdiction.  This  petition  and  the  other 
papers  accompanying  it,  were  forwarded  by  Mr.  Cutbeth,  who 
took  the  place  of  the  regularly  appointed  messenger.  In 
explanation  of  this  substitution,  the  committees  observed  that 
they  expected  to  have  business  for  Major  Shattuck,  the  Lieu- 
tenant-Colonel Commandant,  "  about  home."t 

Tlie  messenger  reached  Kingston  on  the  24th  of  July.  The 
Council  of  Appointment  were  again  summoned,  and  the 
official  list  of  the  southern  regiment  was  completed.  Elisha 
Pierce  was  chosen  Quarter-master,  and  six  companies  were 

*  George  Clinton  Papers  in  N.  Y.  State  Lib.,  vol.  xvi.  does.  464Y,  4655. 
f  George  Clinton  Papers  in  K  T.  State  Lib.,  vol.  xvi.  doc.  4654. 


436  HISTOKT   OF   EASTERN    VERMONT.  [1TS2. 

formed — two  in  Brattleborough,  three  in  Guilford,  and  one  in 
Halifax — each  with  a  captain  and  the  proper  complement  of 
subalterns.  The  commissions  were  immediately  prepared  and 
intrusted  to  Mr.  Cutbeth,  who  was  also  the  bearer  of  a  letter 
from  the  Governor  to  Colonel  Church.  In  this  communication, 
dated  the  26th  of  July,  all  who  sided  with  the  Colonel  were 
earnestly  exhorted  to  "  preserve  unanimity  and  firmness" 
among  themselves,  and  reject  the  artifices  which  might  be 
employed  by  their  adversaries  to  "  deceive  and  amuse"  them. 
To  the  committees  of  the  towns  who  had  petitioned  for  aid  in 
their  extremity.  Governor  Clinton,  in  a  letter  of  the  same 
date,  defined  his  position  in  terms  full  and  explicit.  As  an 
explanation  of  the  course  which  he  had  been  obliged  to  pursue 
towards  those  who  amid  change  and  misfortune,  had  still 
remained  loyal  to  the  government  of  New  York,  it  must  be 
admitted  that  his  language,  though  strictly  true,  was  neither 
encouraging  nor  satisfactory. 

"  From  the  whole  of  my  conduct  resj)ecting  the  controversy 
between  the  government  of  this  state  and  its  subjects  on  the 
'  Grants,' "  wrote  he,  "  you  must  be  persuaded  of  my  sincere 
wishes  and  disposition  to  aftbrd  you  every  possible  aid  and 
support,  though  at  the  same  time  you  can  easily  conceive  that 
in  our  present  condition,  when  every  efi'ort  and  attention  is 
requisite  to  defend  the  remaining  part  of  the  state  from  being 
wholly  ruined  by  the  connnon  enemy,  it  is  not  in  my  power 
positively  to  stipulate  that  any  body  of  troops  or  militia  shall 
march  for  your  defence,  should  the  usurped  government  of 
Vermont  attempt  to  compel  you  by  force  of  arms  to  submit  to 
their  jurisdiction.  In  being  thus  explicit  with  you,  I  would 
wish  not  to  be  understood  as  discouraging  you  in  your  opposi- 
tion to  the  usurpation,  for  you  may  be  assured  that  however 
the  distresses  we  have  experienced,  and  are  still  subject  to  from 
the  war,  may  at  present  prevent  us  from  employing  the  forces 
of  the  state  in  vindication  of  our  rights,  yet  I  have  no  reason  to 
believe  that  the  Legislature  will  ever  relinquish  their  just  claim 
to  the  territory  in  question,  unless  impelled  thereto  by  the 
most  inevitable  necessity  ;  neither  do  I  think  it  probable,  from 
the  latest  accounts  I  have  received,  that  Congress  will  ever 
decide  in  favor  of  the  pretensions  of  Yermont  to  independency, 
o/nd,  candor  induces  me  to  declare  also,  that  there  is  little 
prospect  of  their  deciding  in  favor  of  us.  Tlie  truth  is,  that 
the  evidence  in  support  of  our  claim  to  the  jurisdiction  of  the 


1Y82.]  LETTER   FEOM   CLINTON.  437 

country,  is  so  full  and  conclusive  that  there  is  no  possibility  of 
withholding  a  conviction  from  it ;  and  although  there  may  be 
individuals  in  Congress  who,  from  motives  of  interest  aiul  policy, 
would  wish  to  contract  our  limits,  yet  it  is  highly  improbable 
that  they  will  ever  be  able  to  influence  Congress  to  make  a 
decision  favorable  to  their  views,  and  especially  as  it  is  not 
submitted  to  Congress  to  determine  arbitrarily,  whether  the 
'Grants'  shall  be  a  separate,  independent  state,  but  only  to 
make  a  judicial  adjudication,  on  evidence,  relative  to  the 
boundary  of  this  state  ;  nor  have  they  by  the  confederation, 
power  to  create  a  new  state. 

"  These  matters  you  may  rely  on,  notwithstanding  the  asser- 
tions of  Mr.  Tichenor  and  the  other  leaders  of  the  revolt,  and 
who,  to  countenance  their  assertions,  may  produce  reports  of 
committees  which  were  introduced  into  Congress,  not  in  expec- 
tation that  they  ever  would  be  adopted,  but  solely  with  a  view 
to  keep  the  spirit  of  defection  alive,  and  to  counteract  the  endea- 
vors of  this  state  for  the  re-establishment  of  its  jurisdiction  by 
pacific,  conciliatory  measures. 

"  Congress,  as  I  observed  in  a  former  letter  to  you,  have 
expressly  prohibited  these  people  from  the  exercise  of  any 
authority  over  you,  and  have  enjoined  a  similar  prohibition  on 
us  with  respect  of  j)ersons  who  dispute  our  jurisdiction.  This 
prohibition  is  not  repealed  by  any  subsequent  act  of  Congress, 
and  ought,  therefore,  to  be  observed  by  both  parties,  and  you 
are  sensible  we  have  in  every  instance  strictly  observed  the 
recommendation  on  our  part,  and  should  the  usurped  govern- 
ment of  Vermont  attempt  to  enforce  their  jurisdiction  over 
you,  by  having  recourse  to  compulsory,  violent  measures,  your 
own  prudence  and  virtue  will  dictate  the  mode  and  measure  of 
opposition.  The  faith  and  honor  of  Congress  while  you  conduct 
yourselves  agreeable  to  their  recommendation  is  concerned  for 
your  protection,  and  I  now  renew  to  you  my  assurances  of  every 
aid  which  may  be  in  my  power  to  afford  you.  Your  interest 
and  happiness  are  deeply  concerned  in  the  event  of  this  contro- 
versy, and  the  success  of  it  depends  much  on  your  zeal  and  pru- 
dence, on  which  I  place  great  reliance."* 

On  the  return  of  the  messenger,  the  views  of  Governor  Clin- 
ton were  disclosed  to  all  the  principal  leaders  of  the  opposition. 
Efforts  were  now  made  to  concentrate  the  strength  of  those  who 

*  George  Clinton  Papers  in  N.  Y.  State  Lib,,  vol.  xvi,  docs.  4679,  4680. 


438  HISTOKY   OF   EASTERN   VEKMONT.  [1782. 

were  unfriendly  to  the  jurisdiction  of  Vermont.  The  "mode 
and  measure  "  of  the  resistance  wliich  was  to  be  employed,  had 
been  left  to  the  "  prudence  and  virtue  "  of  those  who  still  con- 
tinued loyal  to  New  York  ;  but  so  unpleasant  had  their  situation 
become,  that  the  few  plans  which  they  arranged  partook  more  of 
the  spirit  of  revenge,  than  of  a  desire  to  defend  themselves  from 
the  furtlier  imposition  of  the  taxes  and  decrees  emanating  from 
Vermont.  They  openly  declared  that  they  expected  assistance 
from  New  York,  and  that  there  would  be  "  terrible  times," 
should  a  force  from  the  other  side  of  the  mountains  be  sent  to 
oppose  them.  On  one  occasion,  when  they  were  assembled  to 
consult  upon  the  adoption  of  measures  for  defence,  a  proposition 
was  made  that  a  vote  should  be  taken  for  the  purpose  of  ascer- 
taining the  number  of  those  who  were  willing  to  "  disannul  all 
the  authority  of  Vermont."  This  method  of  expressing  a  deter- 
mination so  important  not  being  deemed  siiiSciently  demonstra- 
tive by  those  who  were  most  violent  in  their  antipathy  to  the 
new  state,  a  pledge  was  substituted  in  place  of  the  vote,  and 
the  majority  of  those  present  bound  themselves  to  "  oppose  the 
state  of  Vermont  even  to  blood."  Some,  who  desired  to  render 
the  pledge  more  binding,  at  the  close  of  the  meeting  formed  a 
ring  on  the  green  which  fronted  the  building  in  which  they  had 
been  assembled,  and  renewed  and  confirmed  the  pledge  in  a 
solemn  and  imposing  manner.  Aware  that  preparations  were 
on  foot  to  withstand  any  attempts  that  might  be  made  to  enforce 
the  laws  of  Vermont,  Ira  Allen  was  sent  to  Brattleborough  and 
Guilford  on  the  14th  of  August,  with  directions  to  "  observe  the 
motions  of  the  people  "  who  were  favorable  to  New  York,  in 
order  that  Governor  Chittenden  might  determine  upon  the 
proper  time  to  carry  into  effect  the  act  of  the  Legislature  con- . 
cerning  conspiracies  which  had  been  passed  with  special  refer- 
ence to  the  present  condition  of  the  southern  section  of  Wind- 
ham county.  Scarcely  had  he  accomplished  the  object  of  his 
journey,  when  an  event  occurred  which  proved  that  the  new 
government  could  not  be  too  active  in  its  intended  operations. 

In  a  Justice's  court  in  Windham  county,  organized  by  au- 
thority derived  from  the  laws  of  Vermont,  and  held  by  John 
Bridgman,  judgment  had  been  rendered,  on  the  29th  of  July, 
against  Timothy  Church  of  Brattleborough,  at  the  suit  of  Ger- 
sliom  Orvis.  A  w^rit  of  execution  was  accordingly  issued  on  the 
8  th  of  August,  a,nd  Jonathan  Hunt,  the  high  sheriff  of  the  coun- 
ty by  appointment  of  Vermont,  was  directed  to  levy  on  the 


1TS2.]  THE   MILITAEY    BKOUGHT    INTO    KEQUISITION.  439 

goods  of  said  Cliurcli,  and  in  case  of  a  deficiency  to  commit  liim 
to  prison.  Cliurcli,  being  a  Yorker,  did  not  recognize  tlie 
authority  of  Vermont  and  determined  to  resist  it.  On  the  22d 
of  August,  the  sheriif  waited  on  Church  and  made  his  demand. 
Church  refused  to  satisfy  it,  and  declared  that  nothing  should 
be  taken  off  his  farm  imless  the  sheriff  should  prove  the  "stouter" 
man  of  the  two.  The  sheriff  then  approached  Church  and 
claimed  him  as  his  prisoner.  By  this  time,  there  had  assembled 
at  Church's  dwelling  a  number  of  his  friends,  who  had  resolved 
that  he  should  not  be  taken  unless  by  a  voluntary  submission. 
When  the  sheriff  endeavored  with  the  help  of  some  of  his  assist- 
ants to  drag  Church  from  the  house,  the  latter  resisted  and 
plainly  told  the  sheriff  that  he  would  not  go.  In  the  further 
exercise  of  his  authority,  the  sheriff  counnanded  Joseph  Cham- 
berlain, Joseph  Whipple,  and  Jonathan  Church,  to  aid  him. 
"  He  is  not  agoing  to  take  Charch,  my  word  for  it,"  said  Cham- 
berlain to  his  companions,  and,  before  the  sheriff'  could  secure 
his  prisoner,  the  three  Yorkers  whom  he  had  ordered  to  assist 
him,  had  blocked  up  the  door-way  and  released  Church  from 
tlie  grasp  of  the  law.  Content  to  await  the  time  when  the  civil 
should  be  supported  by  the  military  arm,  the  sheriff  and  his 
assistants  departed,  not  at  all  displeased  that  the  resistance 
with  which  they  had  met,  was  to  furnish  them  with  a  most  po- 
tent argument  in  pursuing  the  course  upon  which  the  state 
had  already  determined. 

On  the  21st  of  June,  the  time  of  the  passage  of  the  act  for  the 
"  punishment  of  conspiracies,"  another  act  had  been  adopted,  by 
which  authority  was  given  to  the  Governor  as  Captain-General, 
to  direct  any  officer  in  the  state  to  raise  men,  and  employ  them 
in  assisting  the  sheriffs,  in  their  respective  counties,  in  the  per- 
formance of  their  duties.  By  the  same  act,  the  Commissary- 
General  was  authorized  to  furnish  the  men  so  raised  with  the  ne- 
cessary stores.  Having  been  foiled  in  his  attempts  to  enforce  the 
laws  of  the  state,  the  sheriff  of  Windham  county  made  applica- 
tion for  a  military  force  to  support  him.  At  a  meeting  of  the 
Council,  held  on  the  29th  of  August,  his  application  was  pre- 
sented, and  a  resolution  was  passed  recommending  to  Governor 
Chittenden  "  to  raise  one  hundred  and  fifty  men  as  volunteers" 
within  Col.  Ebenezer  Walbridge's  regiment  on  the  west  side  of 
the  mountains  for  the  purpose  of  aiding  the  civil  authority  of 
the  state  in  Windham  county.  The  Governor  was  also  request- 
ed to  place  the  volunteer  troops,  and  all  others  which  shoidd  be 


4-iO  HISTORY    OF   EASTERN   VERMONT.  [1783. 

raised  for  this'  service,  in  the  command  of  Brig.-Gen.  Ethan  Al- 
len. On  the  2d  of  September,  the  Governor,  willing  to  employ 
efficient  means  to  quell  the  insubordination  of  the  Yorkers,  em. 
powered  Ethan  Allen  to  raise  two  hundred  and  fifty  men ;  one  hun- 
dred and  fifty  in  Walbridge's  regiment,  and  one  hundred  in  the 
regiment  commanded  by  Col.  Ira  Allen,  and  to  march  them  into 
Windham  county,  as  a  jposse  comitatus  for  the  assistance  of  the 
civil  authority.  Consultations  were  now  held  ;  ammunition  and 
provisions  were  collected ;  the  order  of  march  was  settled  ;  and 
messengers  riding  post,  between  Bennington  and  Brattlebo- 
rough,  kept  tlie  friends  of  Vermont  on  both  sides  of  the  moun- 
tains informed  as  to  the  measures  which  were  then  in  progress. 
Precautions  were  also  taken  that  the  plans  of  the  Yermonters 
should  be  kept  secret.  Guards  were  placed  on  the  several  roads 
crossing  the  mountains,  who  detained  all  persons  going  east- 
ward with  the  exception  of  the  messengers.  So  effective  was 
this  vigilance,  that  the  Yorkers  were  only  aj^prised  by  faint 
and  uncertain  rumors,  of  tlie  events  which  were  so  soon  to 
happen. 

A  week  had  passed  since  Ethan  Allen  had  been  placed  in 
command  of  the  troops,  and  the  preparations  which  he  and  his 
associates  had  been  making  were  now  completed.  On  the  even- 
ing of  Sunday  the  8th  of  September,  the  various  companies  from 
the  towns  in  Bennington  and  Rutland  counties,  began  to  collect 
at  Bennington,  which  place  had  been  selected  as  a  rendezvous 
for  the  troops.  Portions  of  the  regiments  of  Colonels  "VValbridge 
and  Allen  had  volunteered  their  services  on  behalf  of  the  state, 
and  although  the  force  was  not  as  large  as  that  Avhich  Governor 
Chittenden  had  wished  to  raise,  its  aj)pearance  was  in  no  mea- 
sure contemptible.  Long  before  sunrise  on  Monday  the  9th,  the 
whole  party  numbering  about  two  hundred  men,  mounted,  and 
under  the  command  of  Ethan  Allen,  were  under  full  march 
towards  the  seat  of  conflict.  On  reaching  Marlborough,  Ira 
Allen,  with  a  force  of  twenty  men,  was  dispatched  to  arrest 
Timothy  Phelps  who  resided  in  that  town,  while  the  rest  of  the 
company  pushed  forward  to  engage  in  exploits  of  equal  daring. 

Being  a  warm  friend  and  hearty  supporter  of  the  jurisdiction 
of  New  York,  Timothy  Phelps  had  for  a  long  time  been  regard- 
ed with  especial  hatred  by  the  Yermonters.  His  late  accept- 
ance of  the  office  of  high  sheriff  of  Cumberland  county  had  not 
tended  to  lessen  this  impression,  and  the  violence  of  his  temper 
had  rendered  him,  in  the  opinion  of  his  opponents,  as  much  an 


1  (  S2.]  COL.    ^\^LLIAM    WILLIA3IS.  Ml 

object  of  fear  as  of  dislike.  Abeady  had  one  officer  acting 
under  Yermont  experienced  the  unpleasant  effects  of  his  ragfe, 
and  felt  the  force  of  his  nerved  and  steady  arm.  The  circum- 
stance was  on  this  wise.  One  morning  as  Mr.  Phelps,  pitch- 
fork in  hand,  was  feeding  his  oxen,  a  constable  with  a  few 
attendants  appeared,  made  proclamation  that  he  should  distrain 
the  oxen  for  taxes,  and  proceeded  to  drive  them  off.  Deter- 
mined not  to  submit  without  a  struggle,  to  a  power  which  he 
scorned  to  recognize,  Phelps  placed  himself  before  the  oxen, 
armed  with  his  pitchfork,  and  ordered  the  constable  to  desist 
at  his  peril.  To  this  command  the  constable  paid  no  attention, 
but  persisted  in  his  attemj^t  to  take  the  cattle.  Enraged  at  this 
conduct,  Phelps  raised  his  fork,  and,  swinging  it  with  good 
effect,  laid  the  officer  senseless  on  the  ground.  Seeing  their 
leader  fall,  the  assistants  fled,  while  Phelps  after  securing  his 
j^roperty  went  about  his  business,  leaving  the  discomfited  con- 
stable to  depart  at  his  leisure. 

Such  was  the  man  whom  Ira  Allen  was  now  seeking  to 
encounter.  Desirous  of  availing  himself  of  eveiy  means  which 
would  increase  his  chance  of  success,  he  determined  to  secure 
the  co-operation  of  some  of  the  residents  of  the  town,  and  for 
this  purpose  waited  on  Col.  William  Williams,  and  explained 
to  him  the  cause  of  his  visit.  This  gentleman,  remarkable  for 
manly  beauty,  elegance  of  form,  and  agreeableness  of  manners, 
was  also  distinguished  for  his  bravery  and  enterprise,  and  had 
been  more  active  and  useful  in  the  settlement  of  the  town  than 
any  of  his  contemporaries.  At  the  battle  of  Bennington,  he  had 
distinguished  liimself  at  the  head  of  his  regiment,  and  was  now 
an  open  and  avowed  supporter  of  the  government  of -Yermont. 
His  pleasant  residence,  built  upon  an  eminence  west  of  Mill 
brook,  was  in  full  view  of  the  dwelling  of  Mr.  Phelps,  between 
whose  family  and  his  own,  notwithstanding  the  difference  in 
their  political  opinions,  an  intimacy  existed  which  had  not  yet 
been  embittered  by  jealousy  or  distrust.  He  was  now  called 
on  as  a  citizen  of  the  state  to  assist  in  the  execution  of  its  laws, 
and  he  could  not  consistently  with  loyalty  or  honor  refuse  to 
obey  the  summons. 

In  accordance  with  her  usual  custom  on  this  day,  sacred  to 
the  rites  of  the  wash-tub  and  the  pounding  barrel,  Mrs.  Phelps 
with  three  attendants,  namely,  a  maid-servant,  a  little  flaxen- 
haired  alms-house  boy  about  ten  years  of  age,  named  Caleb 
Pond — who  then,  as  in  after  Ufe,  manifested  that  prudence, 


442  HISTOKY   OF   EASTERN   VERMONT.  [1782. 

keenness,  artifice,  and  tact,  which  were  the  basis  of  his  success 
in  whatever  work  he  engaged — and  her  son  John,  had  repaired 
to  a  little  arbor  near  the  fording  of  Mill  brook,  for  the  purpose 
of  "  doing  up  the  weekly  washing."  She  had  hardly  got  well 
into  the  suds  when  her  attention  was  attracted  by  the  tramp  of 
feet,  and  looking  up  from  her  work  she  saw,  splashing  into  the 
ford-way,  more  than  forty  armed  men,  (for  the  party  had  been 
doubled  since  it  entered  Marlborough)  all  mounted,  with  swords 
glittering  in  the  sunHght,  piloted  and  conducted — as  she  no- 
ticed with  sorrow  and  surprise — by  her  old  friend  and  neighbor 
Colonel  Williams.  As  soon  as  they  had  reached  the  spot  where 
she  was  stationed,  with  the  spirit  of  a  noble  woman  whose 
privacy  had  been  invaded,  and  with  an  air  as  undaunted  as  that 
of  a  hero,  she  stepped  forward  and  said :  "  Colonel  Williams, 
you  grieve  and  amaze  me.  I  had  not  expected  such  meanness 
and  treachery  from  a  friend  like  you."  With  these  words,  and 
without  waiting  to  hear  the  apology  which  Williams  was  striv- 
ing to  stammer  out,  she  took  her  son  by  the  hand,  and  having 
ordered  her  maid  to  run  on,  proceeded  with  quickened  step 
towards  her  residence  a  quarter  of  a  mile  distant.  Meantime 
the  attentive  little  flaxen-haired  youth,  having,  as  if  by  instinct, 
snuffed  the  object  of  this  warlike  movement,  betook  himself 
off  with  greyhound  speed,  in  the  same  direction,  but  by  another 
route.  Favored  by  the  cover  of  a  grove  of  poplars,  he  suc- 
ceeded in  reaching  the  house  without  attracting  attention,  and 
warned  his  master  of  the  danger  which  threatened.  Wo  second 
intimation  was  needed,  and  in  a  few  minutes  Phelps  had  gained 
a  place  of  concealment,  as  satisfactory  to  himself  as  it  was  diffi- 
cult of  detection  by  his  pursuers. 

Crestfallen  and  ashamed,  Williams  had  disappeared  by  some 
obscure  pathway,  leaving  Allen  and  his  company  to  act  as  their 
own  guides.  Arriving  at  their  destination,  the  gallant  horse- 
men wheeled  in  great  military  display,  and  having  ridden 
around  the  house  two  or  three  times,  dismounted,  forced  the 
door,  and  went  in.  Mrs.  Phelps,  who  with  her  son  had  ap- 
proached by  a  shorter  route,  entered  her  dwelling  a  few 
moments  later,  to  find  it  filled  by  the  soldiers  whom  she  had 
encountered  at  the  brook.  "  Cowardly  miscreants !  "  she  ex- 
claimed, as  she  glared  upon  them  with  a  look  of  scornful  con- 
tempt. A  volley  of  angry  eloquence  followed  this  fierce  begin- 
ning, and  the  downcast  looks  and  uneasy  movements  of  the  party 
showed  but  too  plainly  how  poorly  they  were  prepared  to  bear 


1782.]        FIEM   AND   PBUDENT   CONDUCT   OF   MKS.    PHELPS.  4.43 

tlie  taunts  of  a  justly  enraged  woman.  Many  of  them  were 
gentlemen  of  true  spirit,  yet  on  tins  novel  occasion,  generous 
and  gallant  though  they  might  be,  they  were  perplexed  to  know 
how  to  act.  "Wishing  to  end  their  unpleasant  task  as  speedily 
as  possible,  they  desired  Mrs.  Phelps  to  conduct  them  to  her 
husband.  Her  reply  was  a  refusal  to  gratify  their  wishes,  and 
a  defiance  of  their  power.  Enraged  at  their  persistence  in 
searching  and  inquiring  for  Mr.  Phelps,  his  loyal  wife  endea- 
vored to  drive  them  from  the  house.  Armed  with  a  large 
kitchen  fire-shovel,  she  warned  them  to  leave,  in  a  firm  though 
stormy  and  indignant  manner.  With  her  little  boy  at  her  apron 
strings,  she  pursued  her  unwelcome  visitors  not  only  with  fierce 
looks,  but  with  quickened  steps  and  threatening  gestures.  At 
one  time  one  might  have  seen  them  dodging  into  a  corner,  as  if 
to  escape  an  impending  blow ;  at  another,  endeavoring  to  pro- 
voke a  laugh  by  some  aflfected  attempt  at  wit.  But  such  a 
scene  could  not  long  continue.  Her  opponents  were  men  whose 
lessons  in  the  school  of  humanity  had  not  tended  to  make  them 
proficients  in  the  employment  in  which  they  were  now  engaged, 
or  taught  them  to  make  war  on  a  defenceless  woman,  or  ruth- 
lessly break  the  door  of  her  private  chamber.  The  afiair  had 
by  degrees  assumed  a  farcical  aspect.  A  smile  was  seen  on  this 
face  and  a  smile  on  that.  Pleasant  expressions  of  countenance 
multiplied  in  all  directions.  A  laugh  followed — a  general  laugh, 
in  which  not  only  the  brave  soldiers,  but  the  heroic  woman  and 
her  little  boy  all  joined.  Good  feeling  was  restored,  and  then 
the  party  were  told  by  Mrs.  Phelps  in  a  solemn  manner,  that 
her  husband  was  not  in  the  house.  Satisfied  with  this  state- 
ment, which  was  true,  they  apologized  for  the  conduct  which 
they  had  been  obliged  to  exhibit,  and  departed  with  words  of 
courtesy  and  respect. 

Although  Phelps  had  escaped  the  present  danger,  through 
the  interference  of  his  wife,  yet  his  prudence  did  not  avail  to 
protect  him  from  the  search  of  his  pursuers.  Whether  a  guard 
was  set  to  watch  for  his  appearance,  or  whether,  as  is  most 
likely,  he  chose  to  sufifer  with  his  friends,  and  with  this  design 
showed  himself  in  public,  does  not  plainly  appear.  Before  the 
day  had  closed  he  was  a  prisoner  in  the  hands  of  the  Yermont- 
ers.  The  circumstances  of  his  capture  i*est  partly  on  tradition. 
As  Ethan  Allen  approached  him,  Phelps  in  a  loud  voice 
announced  himself  as  the  high  sheriff  of  Cumberland  county, 
bade  Allen  go  about  his  business,  denounced  his  conduct  and 


444  HISTORY   OF   EASTERN   VERMONT.  [1782. 

that  of  his  men  as  riotous,  and  ordered  the  military  to  disperse. 
With  his  usual  roughness,  Allen  knocked  the  hat  from  the  head 
of  the  doughty  sheriff,  ordered  his  attendants  to  "  take  the  d — d 
rascal  off,"  and  galloped  away  to  superintend  the  operations  of 
other  portions  of  his  forces. 

Since  morning  the  strength  of  the  Yermonters  had  been  con- 
siderably augmented  by  the  militia  of  Windham  county.  Cap- 
tain Warren  of  Marlborough  had  brought  twenty-seven  men 
into  service ;  Captain  Duncan  of  Dummerston  eighty-three  ; 
Captain  Wheeler  of  Wilmington  forty-six ;  Lieutenant  Moor  of 
Cumberland  twenty ;  and  another  officer  twenty.  By  these 
additions  from  the  brigade  of  Brig.-Gen.  Samuel  Fletcher,  who 
commanded  in  person,  and  who  was  sup23orted  by  Col.  Stephen 
R.  Bradley,  Lieut.-Col.  Charles  Ivathan,  and  Adj.  Elkanah  Day, 
the  Yermonters  were  able  to  present  a  force  of  four  hundred 
men,  ready  to  act  as  should  best  serve  the  purposes  and  welfare 
of  the  state.  Detachments  had  been  sent  into  the  towns  of  Brat- 
tleborough,  Halifax,  and  Guilford.  In  the  latter  place,  Ethan 
Allen  towards  the  close  of  the  day  awaited  the  arrival  of  prisoners 
from  the  neighboring  towns.  Col.  Walbridge,  Avho,  with  a  party 
of  men,  had  been  sent  into  Halifax,  succeeded  in  arresting  Maj. 
WiUiam  Shattuck,  Capt.  Thomas  Baker,  and  Ensign  David  Lamb, 
three  of  the  leading  Yorkers  in  that  town,  and  conducted  them 
under  a  strong  guard  to  head-quarters.  In  Guilford,  Maj .  Henry 
Evans  and  a  number  of  others  were  taken,  and  although  resist- 
ance was  offered,  yet  the  Yermonters  were  not  only  too  nume- 
rous, but  were  also  too  free  in  the  use  of  powder  and  ball  to  be 
overcome  by  their  sm-prised  and  unarmed  opponents. 

In  the  evening,  with  the  view  of  reaching  Brattleborough 
that  night,  Ethan  AUen,  with  his  troops  and  prisoners,  left  Guil- 
ford. Meantime  the  Guilfordites  had  assembled,  with  a  deter- 
mination to  defend  their  lives  and  property,  and  to  the  number 
of  forty-six  had  stationed  themselves  by  the  side  of  the  road  over 
which  the  Yermonters  were  to  pass.  As  the  latter  came  in 
sight,  they  were  received  by  a  volley  from  which  they  were  glad 
to  retire  with  all  the  speed  which  they  could  command  from 
their  jaded  horses.  Having  reached  a  place  of  security,  a  con- 
sultation was  held,  and  propositions  of  a  savage  nature  were 
discussed  during  the  half  hour  they  were  in  conclave.  Some 
demanded  of  their  leader  that  a  prisoner  should  be  sacrificed  for 
each  one  of  his  men  who  should  be  killed  by  the  Yorkers,  while 
others  advocated  the  observance  of  the  common  rules  of  war- 


1782.]  DOINGS   OF   ETHAN   ALLEN.  445 

fare.  Aware  of  the  power  of  his  presence,  and  of  the  terror  which 
he  was  able  to  inspire  in  others,  Allen  again  placed  himself  at 
the  head  of  his  men,  and  having  ordered  that  mercy  should  be 
shown  to  no  one  who  should  offer  resistance,  returned  on  foot  to 
Guihbrd.  He  advanced  without  molestation,  and  on  reaching 
the  town  made  proclamation  to  the  people  in  these  words : — 
"  I,  Ethan  Allen,  do  declare  that  I  will  give  no  quarter  to  the 
man,  woman,  or  child  who  shall  opj)ose  me,  and  imless  the 
inhabitants  of  Guilford  peacefully  submit  to  the  authority  of 
Vermont,  I  swear  that  I  will  lay  it  as  desolate  as  Sodom  and 
Gomorrah,  by  God."  Words  like  these  uttered  by  one  whose 
name  was  a  terror,  and  supported  by  men  enraged  and  resolute, 
could  not  be  disregarded  with  impunity.  ]^o  sooner  did  the 
attack  begin  than  the  terrified  'Guilfordites  fled  in  the  utmost 
confusion,  leaving  behind  them  neither  the  dead,  the  dying, 
nor  the  wounded — leaving  nothing  but  the  remembrance  of 
their  presence  and  the  prints  of  their  retreating  footsteps.  Allen 
and  his  detachment,  satisfied  with  their  victory,  were  allowed 
to  make  their  journey  to  Brattleborough  without  further  moles- 
tation. 

On  reaching  this  place,  the  party  was  augmented  by  the  de- 
tachments which  had  been  sent  in  pursuit  of  offenders,  and  by 
a  number  of  prisoners.  Among  the  latter  was  Timothy  Church, 
Lieut.-Colonel  Commandant  by  appointment  of  Governor  Clin- 
ton, of  the  militia  in  Cumberland  county.  On  the  10th,  the 
prisoners  set  out  under  a  strong  guard  for  Westminster.  To 
ensure  protection  to  his  men,  general  orders  were  given  by 
Ethan  Allen  to  kill  without  quarter  any  person  who  should  fire 
upon  the  troops  ;  and  the  greatest  precaution  was  taken  to  pre- 
vent a  rescue  on  the  part  of  the  Yorkers.  As  soon  as  the  irrup- 
tion of  Allen  and  his  troops  became  known,  many  of  the  mili- 
tary companies  in  the  county  immediately  marched  to  his  aid, 
and  placed  themselves  at  his  service.  The  militia  of  the  west 
parish  of  Westminster,  though  regularly  organized,  were  for 
some  time  in  doubt  as  to  the  course  they  ought  to  take.  True 
to  the  cause  of  Vermont,  they  were  still  unwilling  to  assist  in 
disturbing  their  neighbors,  who  differed  from  them  on  the 
question  of  jurisdiction.  But  on  the  morning  of  Tuesday  the 
10th,  although  their  captain.  Deacon  Ephraim  Ranney,  refused 
to  lead  them,  they  concluded  to  wait  on  Gen.  Allen,  and  with 
this  intention  were  advancing  towards  Brattleborough,  when, 
on  the  "  edge  of  Dummerston"  they  met  him  and  his  forces. 


4:46  HISTOET    OF   EASTERN    VERMONT.  [1782. 

Turning  about  tliey  joined  his  retinue  and  accompanied  him  to 
"Westminster  where  the  prisoners,  twenty  in  number,  were  lodg- 
ed in  the  jail  which  was  guarded  by  a  strong  force. 

Though  deprived  of  their  liberty,  the  captives  were  not 
restrained  in  the  use  of  the  tongue.  Phelps  declared,  that  as 
sheriff  of  Cumberland  county  he  had  a  right  to  command  the 
jail,  but  the  assertion  had  no  perceptible  effect,  either  on  Jona- 
than Hunt  the  sheriff  of  Windliam  county  or  on  George  Foot 
the  jailer.  "  You  have  used  us  well,"  said  Church  to  the  guards, 
"  and  I  expect  soon  to  have  you  confined,  and  I  will  treat  you 
likewise.  To-morrow  morning,  by  nine  or  ten  o'clock,  you  shall 
be  here  in  our  stead,  and  we  will  be  walking  about."  Evans 
entertained  the  same  opinion ;  and  they  all  announced  with  con- 
fidence the  speedy  arrival  of  a  force  from  ISTew  York  which 
would  release  them  from  prison,  and  punish  the  mob  for  their 
insolent  and  seditious  behavior. 

But  their  predictions,  with  whatever  sincerity  they  might 
have  been  uttered,  were  not  to  be  fulfilled.  On  the  11th,  a 
special  term  of  the  Superior  court  was  commenced  at  "West- 
minster. The  bench  was  occu23ied  by  Moses  Eobinson,  the 
chief  judge,  and  by  Dr.  Jonas  Fay,  John  Fassett,  and  Paul 
Spooner,  side  judges.  Stephen  Eow  Bradley  appeared  as 
the  state's  attorney,  and  William  Gould  as  clerk.  A  grand 
jury  was  drawn  of  which  "William  Simonds  was  foreman, 
and  the  court  was  declared  duly  organized.  In  the  means 
which  had  been  employed  to  arrest  the  obnoxious  Yorkers,  lit- 
tle attention  had  been  paid  to  legal  forms,  and  the  civil  had 
been  almost  wholly  superseded  by  the  military  arm.  For  this 
reason  great  care  was  now  taken  that  all  omissions  should  be 
supplied,  lest  the  disregard  of  laws  and  statutes  which  had  been 
manifested  should  be  quoted  as  a  precedent  on  some  future 
occasion.  The  principal  offenders  were  first  brought  to  trial. 
Tlie  presentment  made  by  the  grand  jury,  contained  charges 
against  Timothy  Church,  William  Shattuck,  Henry  Evans,  Ti- 
mothy Phelps  and  Charles  Phelps.  In  the  quaint,  but  emphatic 
language  of  the  old  forms,  "  not  having  God  before  their  eyes, 
but  being  moved  and  seduced  by  the  instigation  of  the  Devil," 
it  was  asserted  that,  on  the  1st  of  August  preceding,  at  Guilford, 
and  on  other  occasions,  both  before  and  after  that  time,  they 
did  "  with  force  and  arms  treacherously  and  perfidiously  con- 
spire an  invasion,  insurrection,  and  public  rebellion  against  this 
state,  by  their  treacherously  assembling  together,  consulting  and 


1782.]  TKIAL   OF   THE   YORKEKS.  447 

advising  together  of  the  means  to  destroy  the  constitution  of  this 
state,  and  subvert  the  freedom  and  independence  of  the  go- 
vernment thereof."  It  was  also  charged,  that  in  order  to  accom- 
phsh  these  ends,  and  to  bring  the  government  into  the  hands  of 
the  people  of  the  state  of  New  York,  they  had  written  letters 
and  sent  messengers  to  Governor  George  Clinton,  calculated  to 
incite  him  to  invade  the  state  of  Yermont ;  and  that  they  had 
often  met  for  the  purpose  of  imprisoning  the  freemen  of  the 
state,  and  withstanding  its  lawful  authority.  Strenuous  efforts 
had  been  made  to  arrest  Charles  Phelps,  whose  name  was 
included  in  this  indictment,  but  he  had  succeeded  in  eluding 
the  vigilance  of  the  militia.  All  the  others  against  whom 
charges  were  found  were  called  to  the  bar,  and  being  put  to 
plead,  pleaded  not  guilty,  and  for  trial  "  threw  themselves  on 
the  country."  A  jury  was  accordingly  empanelled  and  the 
trial  began. 

In  support  of  the  charges  alleged,  fifteen  witnesses  ai3peared 
who  testified  to  the  seditious  behavior  of  the  accused  both  in  word 
and  act,  on  many  occasions  during  the  preceding  six  months. 
It  was  shown  that  Church  had  refused  to  submit  to  an  execu- 
tion which  had  been  levied  upon  his  property  (or,  in  case  this 
could  not  be  seized  upon,  himself),  and,  that  he,  with  the  aid  of 
his  friends,  had  resisted  and  repulsed  the  sheriff  when  he 
endeavored  to  arrest  him ;  that  he  had  receiA^ed  the  civil  and 
military  commission  papers  which  had  been  sent  from  Xew 
York,  and  had  distributed  them  as  directed;  that  he  had 
always  been  at  the  committee  meetings  of  the  Yorkers,  and  had 
encouraged  the  people  to  opposition  by  asserting  that  Gov. 
Clinton  had  engaged  to  send  an  armed  force  into  the  county, 
and  by  adding  his  opinion  that  the  Governor  would  be  as  good 
as  his  word.  But  it  also  appeared  that  he  had  distrusted  the 
issue  of  the  cause  in  which  he  was  engaged,  for  he  had  once 
stated  that  if  the  Yorkers  could  not  carry  their  points,  he  would 
submit  to  the  government  of  Yermont.  It  was  proved  that 
Shattuck,  when  starting  for  N'ew  York  early  in  the  summer, 
had  boasted  that  he  should  obtain  assistance  from  government, 
and  would  "  di-ive  the  matter  warmly  "  when  he  returned ;  that 
he  had  counselled  the  people  to  continue  their  opposition  to 
Yermont ;  had  declared  that  he  would  do  all  that  he  could 
both  in  public  and  private  to  oppose  the  state  ;  and  had  verified 
this  declaration  by  his  acts.  The  testimony  concerning  Evans 
showed  that  he  had  often  avowed  his  determination  to  with- 


448  HISTORY    OF   EASTERN   VERMONT.  [1782. 

stand  the  jurisdiction  of  Yennont  even  "  unto  blood,"  and  to 
use  his  own  words,  had  declared  his  readiness  "  to  try  it  on  " 
whenever  the  Yermonters  should  see  fit  to  fight ;  that  he  had 
resisted  Yermont  constables  ;  had  assisted  in  rescuing  property 
that  had  been  lawfully  seized  by  the  sheriff;  and  had  expressed 
his  hatred  of  the  new  state  and  its  officers  in  the  most  violent 
and  seditious  terms.  Evidence  was  also  adduced,  proving  that 
Timothy  Phelps,  in  the  capacity  of  high  sheriff  of  Cumberland 
county  by  appointment  of  Kew  York,  had  often  said  that  he 
would  execute  warrants  "  at  the  risk  of  his  life ;"  that  he  had 
even  endeavored  to  seize  a  Yermont  constable,  and  had  in  one 
instance  arrested  a  man,  conveyed  him  to  his  (Plielj)s's)  house,  and 
there  kept  him  under  guard  until  he  was  retaken  by  his  friends. 
Such  was  the  nature  of  the  testimony  introduced  by  the  pro- 
secuting attorney.  It  does  not  appear  that  any  attempt  was 
made  by  the  defendants  to  disprove  the  statements  of  the 
opposing  witnesses,  and  in  this  condition  the  cases  were  left 
with  the  jury.  By  their  verdict  the  delinquents  w^ere  found 
"guilty  of  the  facts  charged  in  the  indictment."  The  court 
therefore  gave  judgment  "that  Timothy  Church,  William 
Shattuck,  Henry  Evans  and  Timothy  Phelps  be  each  of  them 
taken  from  the  bar  of  this  court  back-  to  the  common  gaol  of 
this  county,  there  to  remain  in  close  imprisonment  until  the 
4th  day  of  October  next ;  and  that  they  be  then  taken  by  the 
sheriff  of  the  said  county  from  the  said  common  gaol  and  car- 
ried without  the  limits  of  tliis  state  ;  and  that  they  be  then  and 
there  forever  banished  from  this  state,  not  to  return  thereto 
on  penalty  of  death ;  and  that  all  their  goods,  chattels,  and 
estates  be  condemned,  seized  and  sold,  as  forfeited  to  the  use  of 
this  state."  The  first  part  of  tliis  sentence  was  immediately 
carried  into  execution,  and  the  prisoners  were  confined  in  the 
jail  rooms  on  the  lower  floor  in  the  north  part  of  the  building  in 
which  the  court  were  convened.  Attachments  were  also  issued, 
and  officers  were  disj^atched  to  take  the  property  of  the  crimi- 
nals. Of  the  effects  of  Shattuck,  a  constable  made  return  that 
he  had  attached  "  about  eighty  acres  of  land  in  Halifax,  with 
the  buildings  thereon  standing ;  about  ten  tons  of  hay ;  a  small 
quantity  of  rye  in  sheaf ;  a  considerable  quantity  of  flax  spread 
on  the  ground ;  and  about  two  or  three  acres  of  Indian  com 
standing  on  the  ground."  In  the  words  of  Timothy  Phelps, 
"  all  his  goods  were  sold,  except  his  wife's  apparel,  the  beds, 
and  one  cow."    Tlie  estates  of  the  others  were  taken  in  like 


1782.]  PEOCEEDINGS    AGAINST    CHAELES    PHELPS.  449 

manner,  and  the  proceeds  of  the  sales  which  followed,  were 
appropriated  to  the  use  of  tlie  state. 

Although  Ethan  Allen  and  his  men  had  failed  in  their  attempt 
to  arrest  Charles  Phelps,  another  effort,  instigated  by  the  state's 
attorney,  was  made  to  take  him.  In  the  complaint  jDresented 
to  the  court  in  this  case,  charges  similar  to  those  which  had 
been  brought  against  the  other  offenders  were  preferred.  In 
addition  to  these  it  was  stated  that  Phelps  had  brought  into  the 
state  of  Vermont,  "  a  seditious  libel,  tending  to  stir  up  a  public 
rebellion  ;"  that  he  had  written,  printed,  and  published  abroad, 
"  a  seditious  libel,  with  a  manifest  intent,  wittingly  and  design- 
edly to  raise  an  insurrection  and  pubKc  rebellion"  against  the 
state;  and  that  there  was  the  highest  reason  to  believe  that 
there  were  in  his  possession  "  a  number  of  books,  writings,  and 
manuscripts,"  whose  tendency  was  to  weaken  and  destroy  the 
government  and  constitution  as  established.  A  waiTant  for  his 
arrest,  and  for  the  seizure  of  liis  books,  was  accordingly  issued. 
The  search  for  Phelps  was  unsuccessful,  but  his  books  and 
manuscripts  were  seized,  and  having  been  brought  into  court 
were  retained  as  confiscated  to  the  state.  Such  of  them  as 
were  obnoxious  were  probably  destroyed  or  concealed,  and  the 
remainder  were  sold  under  the  hammer.* 

On  the  12th  a  number  of  the  other  delinquents  were  brought  to 
trial.  Complaint  was  made  against  Joseph  Chamberlain, 
Joseph  Whipple,  and  Jonathan  Church,  who,  on  the  22d  of 
August  previous,  had  rescued  Timothy  Church  from  the  hands 
of  the  sheriff  as  has  already  been  related.  Chamberlain  was 
adjudged  guilty  of  participating  in  this  act,  and  was  sentenced 

*  The  library  of  Charles  Phelps,  was,  it  is  supposed,  the  most  valuable  in  the 
state  of  Vermont,  at  the  period  to  which  allusion  is  made.  The  sale  of  this  col- 
lection, enriched  many  a  previously  scantily-supplied  shelf.  Even  now  the  old 
volumes  of  this  uncompromising  Yorker,  are  to  be  found  scattered  here  and  there 
in  the  farm  houses  of  the  descendants  of  those  who  bought  them  in  those  troublous 
times.  Among  the  works  seized  by  the  sheriff,  were  a  number  belonging  to  Mr 
Phelps's  son,  Solomon.  By  a  special  order  of  the  court  granted  at  the  session  in 
February  1'783,  it  appears  that  "Salkeld's  Reports,  1  vol.,  Milton's  Paradise  Lost, 
Telemaehus,  2  vols..  Lord  Bacon's  Essays,  and  such  other  books  as  the  said  Solo- 
mon Phelps's  name  is  inserted  in,"  were  restored  to  that  gentleman.  This  dis- 
position to  make  restitution  did  not  long  continue.  By  an  entry  in  the  Journals 
of  tbe  Assembly  of  "Vermont  under  date  of  the  14th  of  October,  1Y83,  it  appears 
that  "  the  petition  of  Solomon  Phelps  representing  that  a  number  of  his  books, 
seized  by  order  of  tbe  Supreme  court,  are  in  the  possession  of  Stephen  R.  Bradley, 
Esq.,  and  praying  an  order  of  this  House  for  the  restoration  thereof,"  was  read, 
and  dismissed  by  a  resolution. 

29 


450  HISTORY    OF    EASTERN    VERMONT.  [1TS2. 

to  pay  a  fine  of  £20,  also  the  costs  of  prosecution,  and  to  stand 
committed  until  judgment  should  be  complied  with.  Of  those 
who  had  been  engaged  at  Guilford  on  the  10th  of  May  pre- 
ceding, in  rescuing  a  cow  which  had  been  taken  on  execution 
by  deputy  sheriff  Barzillai  Rice,  Joseph  Peck  who  acted  as  a 
ringleader  on  that  occasion,  was  declared  guilty  of  the  charges 
preferred  against  him,  and  was  mulcted  in  the  sum  of  £30  and 
costs.  Asaph  Carpenter,  Edward  Carpenter,  and  Shubael  Bul- 
lock who  had  assisted  in  the  rescue,  were  fined  £20  and  costs. 
Stephen  Chase  who  pleaded  guilty  to  the  same  charge,  was 
released  on  giving  bail  to  the  amount  of  £30,  to  be  forfeited  in 
case  he  should  leave  town  without  the  order  of  the  court.  On 
the  following  week  he  was  fined  £4  and  costs.*  A  present- 
ment was  then  made  by  the  grand  jury  charging  that  Joseph 
Peck,  "  on  the  1st  day  of  July  last  past,  not  being  a  continental 
officer,  did  accept  and  hold  a  commission,  not  derived  from  the 
authority  of  the  people  of  this  state,  to  wit,  a  commission  of 
captain  of  part  of  the  militia  of  Guilford,  under  the  authority 
of  the  people  of  the  state  of  New  York,  contrary  to  the  form 
of  the  statute  in  such  case  made  and  provided,  and  against  the 
peace  and  dignity  of  the  freemen  of  the  state  of  Vermont." 
The  charge  was  not,  however,  sustained.  Peck  was  declared 
not  guilty,  but  was  obliged  to  discharge  the  costs  of  prosecution. 
This  failure  to  prove  the  accusation,  arose  from  an  error  in  the 
indictment.  It  was  charged  that  he  held  a  captaincy  under 
New  York,  "  on  or  about  the  1st  day  of  July  last  past."  His 
commission,  on  the  contrary,  bore  date  the  24th  of  July,  and  he 
did  not  receive  it  until  the  beginning  of  August.  Twenty  other 
persons  were  presented  by  the  grand  jury  as  holding  commis- 
sions derived  from  New  York,  but  as  many  of  them  had  not 
been  arrested,  it  was  thought  best  to  delay  the  prosecution,  and 
the  cases  were  for  the  present  reserved. 

The  circumstance  and  result  of  the  irruption  of  the  Vermont- 
ers,  were  early  made  known  to  the  border  residents  of  New 
Hampshire  and  Massachusetts,  and  were  accompanied  with 
earnest  and  oft-repeated  applications  from  the  Yorkers  for 
assistance.  Some  of  the  inhabitants  of  Massachusetts  were  dis- 
posed to  grant  the  desired  aid,  and  letters  and  messengers  were 
dispatched  in  various  directions  to  ascertain  the  opinions  of 


*  In  answer  to  an  application  made  by  Cbase,  the  fine  was  remitted  by  a  reso- 
lution  of  the  Council  of  Vermont,  passed  June  8th,  1785. 


1TS2.]  NOISY   BOASTFULNESS    OF   ETHAN    ALLEN.  451 

those  with  whom  rested  the  power  of  deciding  npon  the  pro- 
priety of  intei'ference.  One  officer  wrote  to  another  in  these 
words  : — "  I  recommend  it  to  your  wise  and  prudent  considera- 
tion, if  it  be  not  om*  duty  to  recommend  it  to  our  officers  and 
soldiers  to  ride  up,  armed  well,  to  Guilford  where  they  are 
committing  those  war  hostilities."  Tlien,  referring  to  the 
Yorkers,  he  added: — "  You  and  I  are,  with  all  the  United  States, 
bound  by  the  confederacy  to  protect  them  from  all  such  vio- 
lence." But  a  sentiment  adverse  to  interference  prevailed, 
and  Vermont  and  New  York,  occupying  now  a  position  clearly 
antagonistic,  were  left  to  pursue  the  course  which  strength  or 
jDolicy  might  dictate. 

Flushed  with  success,  Ethan  Allen  was  unable  to  restrain  his 
blatant  boasting  and  vulgar  oaths.  Against  Clinton,  in  particu- 
lar, did  his  wordy  rage  vent  itself  in  torrents  of  abuse.  "  Had 
I  but  the  orders,"  said  he,  "  I  could  go  to  Albany  and  be  head 
monarch  in  three  weeks,  and  I  have  a  good  mind  to  do  it."  In 
an  interview  which  he  held  w^ith  Shattuck,  he  endeavored  to 
persuade  him  to  renounce  his  allegiance  to  Kew  York,  and 
unite  with  Yermont ;  assured  him  that  Congress  had  no  right 
to  pass  any  resolutions  respecting  Yermont ;  and  employed  a 
variety  of  arguments  to  show  that  Congress  were  in  reality 
willing  that  Yermont  should  be  a  separate  state.  This  latter 
argument  was  also  made  use  of  by  the  state's  attorney.  "  You 
are  deceived  by  Congress,"  said  he  to  the  prisoners ;  "  you  have 
placed  your  dependence  upon  the  hope  of  obtaining  from  them 
a  decisive  resolution  favorable  to  your  desires,  and  have  been 
duped." 

The  remainder  of  the  session  was  occupied  in  disposing  of 
such  minor  matters  as  required  immediate  attention.  Knowing 
that  the  arrest  of  many  of  those  who  had  been  charged  with 
seditious  behavior  would  be  attended  with  great  difficulty,  the 
court  chose  to  pursue  towards  them  a  method  more  stringent 
even  than  that  which  had  been  already  adopted.  By  a  stretch 
of  power  they  resolved  on  the  ISth,  to  seize  and  confiscate  the 
estates  of  the  Yorkers  against  whom  they  held  warrants  but 
whose  persons  they  could  not  find.  To  enforce  this  resolution, 
Ethan  Allen  determined  to  make  a  new  levy,  and  requested 
Gen.  Fletcher  to  raise  in  his  brigade  "  two  hundred  able,  effect- 
ive men,  equipt  for  war  to  assist  the  civil  authority  in  carrying 
into  execution"  the  laws  of  the  state.  Of  this  number,  Fletcher 
desired  Col.  Stephen  R.  Bradley  to  raise  in  his  regiment  one 


452  HISTORY   OF   EASTERN   VERMONT.  [1782. 

half,  eitlier  "  by  draft  or  volunteers ;"  to  8U]3ply  them  with 
three  days'  provisions ;  and  march  them  "  so  as  to  rendezvous  at 
Landlord  Arms's  in  Brattleborough  on  Monday  evening  next  in 
order  to  advance  to  Guilford  on  Tuesday  morning." 

Aided  by  aj)osse  cmiitatus  of  such  power,  the  sheriff  and  his 
assistants  experienced  but  little  difficulty,  and  no  opposition,  in 
i)eribrming  the  task  assigned  them.  The  result  of  their  foray 
was  entirely  successful.  Tlie  terrified  Yorkere  fearing  Ethan 
Allen  "  more  than  the  devil"  as  some  of  them  declared,  fled 
from  their  farms  and  dwellings  at  his  approach,  leaving  every- 
thing at  the  mercy  of  their  opponents.  Upon  these  deserted 
premises  the  Yermonters  entered,  taking  in  the  name  of  the 
state  whatever  they  desired.  They  drove  off  one  hundred  and 
fifty  head  of  cattle  besides  sheep  and  hogs  unnumbered.  They 
took  possession  of  barns  well  filled  with  produce,  thrashed  out 
the  grain  and  carried  it  away.  They  left  warrants  for  those 
whose  property  they  had  despoiled,  but  whose  persons  they  had 
not  yet  taken,  and  informed  them  by  message  that  they  would 
be  bound  for  trial  or  committed  to  jail  should  they  be  once  ar- 
rested. On  Saturday,  the  14:th,  the  court  adjourned  sme  die, 
and  the  prisoners  who  had  not  yet  been  brought  to  trial,  and 
wbo  had  been  taken  since  the  session  began,  numbering  thirteen 
in  all,  were  subsequently  marched  to  Marlborough  there  to  await 
the  further  order  of  their  captors. 

In  order  to  satisfy  the  demands  of  justice,  another  special  ses- 
sion of  the  court  was  commenced  at  Marlborough,  on  Tuesday, 
tiie  17th.  On  this  occasion  the  indictments  were  drawn  with 
care,  and  no  difficulty  was  experienced  in  obtaining  a  conviction. 
Hezekiah  Broad,  Daniel  Lynd,  Joshua  Lynd,  and  Samuel  Me- 
lendy,  all  of  Guilford,  pleaded  guilty  to  the  charge  of  having 
been  engaged  in  rescuing  a  cow  from  the  hands  of  the  deputy 
sheriff  on  the  10th  of  May  previous.  Broad  was  fined  £12 ; 
Daniel  Lynd,  £4 ;  and  Melendy  £3.  Each  was  required  to  dis- 
charge the  costs  of  his  suit,  and  to  enter  into  a  recognizance  to 
the  amount  of  £50 '"  to  be  of  good  behavior  towards  all  the  good 
and  liege  subjects  of  this  state,  till  the  1st  day  of  February, 
A.  D.  1783."  Joshua  Lynd  was  mulcted  in  the  sum  of  £2  and 
costs.  Tliomas  Baker  confessed  to  the  acceptance  from  the 
state  of  New  York,  of  a  captaincy  in  the  militia  company  of 
Halifax  ;  David  Lamb  to  the  acceptance  of  an  ensigncy  in  the 
same  organization ;  Simeon  Ferrel  and  Isaac  Weld  to  the  ac- 
ceptance, the  one  of  an  ensigncy  and  the  other  of  a  lieutenancy 


1782.]  FL'KTHEE    PROCEEDINGS    AGAIKST   YORKERS.  453 

in  the  Guilford  militia ;  and  John  Alexander  to  the  acceptance 
of  a  lientenant's  conimLssion  in  one  of  the  companies  of  Brattle- 
borough.     Baker's  fine  and  costs  were  fixed  at  £7  15*.  6d.  '•> 
those  of  Lamb,  at  £7.     Weld  was  fined  £2  10^*?.  and  costs.    Fer- 
rel*  and  Alexander  were  mulcted  the  one  in  the  sum  of  £2,  and 
the  other  in  the  sum  of  £20 ;  both  were  charged  with  costs  and 
were  required  to  enter  into  a  recognizance  of  £50  each,  to  be 
forfeited  in  case  they  should  not  act  with  propriety  during  the 
next  four  months  and  a  half.      Joseph   Coleman  and  Eleazer 
Church  charged  with  disobedience  to  the  laws  of  the  state,  gave 
bonds  for  their  good  behavior  and  were  acquitted  without  fine. 
On  the  19th,  the  last  day  of  the  session,  Samuel  Ely  of  Con- 
way, in  the  county  of  Hampshire,  Massachusetts,  but  lately  a 
resident  in  the  town  of  Wilmington,  Vermont,  was  brought  to  the 
bar  for  trial.     A  bold,  but  rash  and  impetuous  man,  he  had 
served  in  the  battle  of  Bennington  as  a  volunteer,  and  being 
connected  with  no  company  or  regiment  had  fought  without 
the  advice  or  direction  of  any  person.     He  had  been  court-mar- 
tialed after  the  action  on  account  of  his  singular  conduct  in 
retaining  a  large  amount  of  valuable  plunder,  but  had  been 
honorably  discharged  on  proof  that  he  had  taken  only  such  arti- 
cles as  he  had  won  in  his  own  independent  method  of  warfare. 
Since  that  period  his  restlessness  had  engaged  him  in  many  scenes 
of  an  unpleasant  nature,  and  had  finally  resulted  in  his  arrest 
under  the  laws  of  Vermont.     In  the  presentment  of  the  state's 
attorney,  it  was  charged  that  the  prisoner,  "  not  having  God 
before  his  eyes,  but  being  moved  and  seduced  by  the  instigation 
of  the  Devil ;  and  little  regarding  the  laws  of  this  state  or  the 
penalties  in  the  same  contained ;  and  being  a  pernicious  and 
seditious  man,  and  a  person  of  depraved,  impious  and  disquiet 
mind,  and  of  a  seditious  disposition  and  conversation ;  and  con- 
triving, practising,  and  falsely,  maliciously,  turbulently,  and  sedi- 
tiously intending  the  j)eace  and  common  tranquillity  of  the  free- 
men of  the  state  of  Vermont  to  disquiet,  molest,  and  disturb  ; 
and  to  bring  his  Excellency,  Tlioraas  Chij;tenden,  Esq.,  Gover- 
nor of  said  state,  the  Honorable  Council  and  House  of  Represen- 
tatives (being  the  general  supreme  court  of  justice  in  the  afore- 

*  At  the  conel\ision  of  the  trial,  Weld  took  the  oath  of  allegiance  to  Vermont 
in  open  court.  By  an  entry  in  the  Council  records  of  the  state,  dated  Westmin- 
ster, October  18th,  1783,  and  signed  by  Lot  Hall,  secretary yjro  tempore,  it  appears 
that  the  fines  of  Weld  and  Ferrel  were  remitted  on  that  occasion,  upon  the  plea 
of  Thomas  Cutler. 


451  HISTORY    OF    EASTERN    VERMONT.  [17S2. 

said  state  of  Yennont,)  and  the  proceedings  of  the  same  into 
great  hatred,  contempt  and  scandal  with  all  the  good  and  faith- 
ful subjects  of  this  state;  and  the  magistrates,  judges  and  jus- 
tices within  said  state,  and  the  generals,  colonels,  captains  and 
other  military  officers  of  this  state  to  scandalize,  villify  and 
bring  into  contempt" — in  the  presentment  it  was  charged  that 
the  prisoner  influenced  by  these  unworthy  motives,  and  in  order 
"  his  most  wicked  contrivances,  practices,  and  intentions  afore- 
said to  compleat,  perfect  and  render  eifectual,"  did  on  the  10th 
of  July  preceding,  and  at  other  times,  "  say,  assert,  affirm  and 
pronounce,  and  with  a  loud  voice  did  declare  these  false,  mali- 
cious, seditious  and  opprobrious  English  words  following,  that  is 
to  say  : — '  The  state  of  Yermont  is  a  damned  state,  and  the  act 
for  the  purpose  of  raising  ten  shillings  upon  every  hundred  acres 
of  land  is  a  cursed  act,  and  they  that  made  it  are  a  cursed  body 
of  men.'  "  It  was  also  asserted  that  "  in  further  prosecution  of 
his  malice"  he  did  publicly  declare  "that  the  general  or 
su[)reme  court  aforesaid  were  a  pack  of  villains,  and  that  if  no 
otlier  person  would  undertake  to  overturn  or  destroy  the  govern- 
ment of  Yermont,  he,  the  said  Ely,  would  do  it,  and  he  had  got 
that  in  his  pocket  which  would  overset  them."  In  addition  to 
those  charges  it  was  alleged  that  he  did  "  damn  the  state  of 
Yermont  and  all  its  officers,  and  did  curse  the  laws  of  the  same 
as  passed  by  the  General  Assembly  thereof."  Such  were  the 
accusations  which  the  redoubtable  Ely  Avas  called  upon  to  con- 
front. 

"Witnesses  from  "Wilmington  testified  to  the  truth  of  the 
charges,  and  the  jury  announced  to  the  court  through  tiieir 
foreman  Jonathan  Underwood,  their  decision  that  the  prisoner 
was  guilty  of  a  breach  of  an  act  of  the  state,  entitled  "  An  act 
for  the  punishment  of  defamation."  In  conformity  with  the 
choice  vested  in  the  court  to  punish  defamers  by  fine,  imjjrison- 
ment,  disfranchisement  or  banishment,  according  to  the  natm-e 
of  the  oflfence,  Ely  was  ordered  to  be  taken  to  the  guard  house 
in  Marlborough ;  tlipnce,  on  the  morrow  to  be  conveyed  to  the 
limits  of  the  state  ;  to  be  then  banished  and  forbidden  to  return 
until  eighteen  months  from  date  should  have  expired,  on 
penalty  of  being  imprisoned  the  same  length  of  time. 

With  this  trial  ended  the  first  resolute  attempt  of  the  govern- 
ment of  Yermont  to  enforce  obedience  to  the  laws  of  the  state 
by  the  civil  and  military  arm  combined.  The  proceedings 
attendant  upon   this  manifestation,  were,  in  some  instances, 


1782.]  UNNECESSAKT    SKVElilTY.  455 

uunecessarilj  severe  and  cruel.  Many  of  the  prisoners  during 
tlieir  confinement  at  Westminster  and  Marlborough,  suffered 
severely  from  want  of  food  and  other  necessaries.  Two  of  them, 
during  eleven  days'  imprisonment,  were  allowed  but  four  meals 
of  victuals  by  their  guards.  Ethan  Allen  himself  acknowledged, 
that  the  method  which  had  been  pursued  by  him  was  "  a 
savage  way  to  support  government."  At  the  same  time  he 
declared  that  he  could  not  have  carried  his  point  in  any  other 
manner.  Satisfied  with  the  policy  that  had  induced  these  acts, 
he  and  his  friends  exchanged  congratulations  at  the  part  they 
had  taken  in  the  Guilford  war,  and  made  known  their  determi- 
nation to  present  to  Congress  a  full  report  of  their  doings.* 

*  MS.  Records  of  Superior  court  of  Vt.,  Sept.,  1*782.  MS.  Depositions.  La-^s 
of  Vt.  Various  MS.  Testimony,  Letters,  Affidavits,  etc.  Thompson's  Gazetteer,  p. 
143. 


CHAPTER  XYII. 

ATTEMPTS  TO  OBTAIN  THE  INTERFERENCE  OF  CONGRESS. 

Charles  Phelps  and  Joel  Bigelow  repair  to  Poughkeepsie — Public  and  private  letters 
of  Gov.  Clinton  to  the  Kew  York  delegates  in  Congress — Clinton  to  Bigelow — 
Xew  York  delegates  to  Clinton — Depositions  of  Yorkers — C.  Phelps  proceeds 
to  Philadelphia — Church,  Shattuck,  Evans,  and  T.  Phelps — Statement  of 
grievances  by  the  New  York  adherents — Shattuck  and  Evans  with  Gov, 
Clinton — C.  Phelps  before  Congress — Shattuck  and  Evans  visit  Philadelphia — 
Action  of  Congress — Persistence  of  C  Phelps — Congressional  resolves — Desti- 
tution of  Shattuck,  Evans,  and  C.  Phelps — Resolutions  of  the  5th  of  December 
— Further  action  of  Congress — Gov.  Clinton  to  the  convention  of  committees — 
Strife  between  the  Yorkers  and  Vermonters — Proposal  for  a  temporary  settle- 
ment of  difBculties — .John  Bridgman  taken,  and  released  on  parole — Governor 
Chittenden's  letter  about  the  Yorkers — Report  that  Col.  Church  was  to  be 
hanged — Effect  of  the  resolves  of  the  5th  of  December — Correspondence 
between  the  Yorkers  and  Gov.  Clinton — Letter  from  Governor  Chittenden  to 
the  President  of  Congress — Remonstrance  of  the  General  Assembly  of  Vermont 
to  Congress. 

On  the  llth  of  September,  the  day  on  which  the  trials  of  the 
prisoners  taken  by  Ethan  Allen  commenced  at  "Westminster, 
a  number  of  the  citizens  of  Kew  Yoi'k,  in  Cumberland  county 
constituted  Charles  PheljDS  their  agent  to  visit  Governor  Clin- 
ton, to  repair  to  Congress,  and  to  act  for  them  in  matters  per- 
taining to  the  controversy,  "  as  he  in  his  prudence  and  discre- 
tion," should  think  proper.  Knowing  that  a  warrant  had 
been  issued  for  his  arrest,  and  that  the  militia  were  endeavoring 
to  take  him,  Phelps  strove  to  avoid  their  vigilance  and  ulti- 
mately succeeded.  Though  desirous  of  visiting  his  family 
before  proceeding  on  his  mission,  he  was  obliged  to  leave  with- 
out seeing  them.  While  on  the  road  and  before  he  had  left 
the  state,  he  was  pursued  by  eight  or  ten  men  for  several 
miles,  but  fortunately  escaped.  Having  obtained  a  supply  of 
clothing  from  his  friends  in  Hadley,  he  made  the  best  of  his 
■way  to  Poughkeepsie.     On  the   same   day  Joel  Bigelow,  of 


17S2.]  ADVICE    OF    CLINTON.  457 

Guilford,  left  for  the  same  place,  for  the  purpose  of  acquainting 
Governor  Clinton  with  the  late  proceedings.  Travelling  with 
greater  expedition  than  Phel23s,  he  reached  Dutchess  county 
before  him,  and,  on  the  15th  of  September,  made  a  deposition 
before  Justice  Melancton  Smith,  concerning  the  conduct  of 
the  Yermonters,  and  the  manner  in  which  they  had  been 
received  by  the  Yorkers.  Tliis  deposition  was  immediately 
transmitted  to  the  delegates  in  Congress  from  'New  York,  with 
a  request  that  it  might  be  communicated  to  Congress  as  soon 
as  possible,  inasmuch  as  it  clearly  evinced  the  necessity  of  a 
speedy  determination  of  the  boundary  dispute,  or  at  least  of  an 
interference  which  should  preserve  the  public  peace  until  the 
controversy  could  be  finally  decided.* 

In  a  letter  dated  the  16th  of  September,  and  accompanying 
the  deposition,  Governor  Clinton  announced  it  as  a  fact,  "  un- 
deniably true,"  that  the  government  of  ITew  York  and  its 
subjects  on  the  "Grants,"  had  strictly  adhered  to  the  recom- 
mendation of  Congress  "  in  abstaining  from  the  exercise  of  any 
authority  over  persons  professing  subjection  to  the  pretended 
state  of  Vermont."  He  detailed  the  advice  which  he  was 
about  to  transmit  to  his  oppressed  fellow-citizens  in  Cumber- 
land county  ;  referred  in  a  pointed  manner  to  what  he  deemed 
the  duty  of  Congress  ;  and  concluded  in  these  words  : — "  From 
the  spirit  and  determination  of  the  inhabitants  of  several  towns 
on  the  east  side  of  the  mountains  who  have  resolved  to  experience 
every  inconvenience  rather  than  swerve  from  their  duty  and 
allegiance  to  the  state  [of  ISTew  York],  until  Congress  declares 
the  '  Grants'  not  to  be  comprehended  within  our  boundaries,  I 
am  induced  to  believe  this  [outrage]  will  lead  to  more  serious 
consequences  for  which,  however,  I  do  not  consider  either  the 
state  or  myself  responsible."  In  a  supplementary  note  of  a 
private  nature,  the  Governor  requested  the  delegates,  "  without 
mentioning  this  intimation,"  to  read  his  communication 
publicly  in  Congress  when  the  deposition  should  be  introduced. 
"  In  a  letter  to  you,"  he  observed  in  explanation,  "  I  can  use  a 
freedom  which  in  an  address  immediately  to  Congress  might  be 
conceived  rather  derogatory  to  their  dignity  ....  I  feel  the 
honor  of  the  state  and  myself  hurt,  that  my  repeated  appHca- 
tions  to  them  for  a  decision  of  the  controversy  have  been  not 
only  ineffectual  but  even  unnoticed.     You  are  fully  sensible  of 

*  MS.  Commission  and  Deposition. 


458  HISTOEY    OF   EASTERN   VERMONT.  [1782. 

mj  situation,  and  of  the  condition  of  the  state  to  assert  its 
rights,  and  I  flatter  myself  jou  feel  for  our  unfortunate  fellow- 
citizens  who  are  thus  exposed  to  outrage  and  injury.  I  have, 
therefore,  only  to  add  an  earnest  request,  to  use  every  means 
for  inducing  Congress  to  attend  to  this  very  important  business. 
The  unfortunate  people  who  are  now  made  prisoners  by  the  in- 
surgents, having  in  every  instance  religiously  adhered  to  the 
recommendation  of  Congress,  conceive  they  have  a  just  claim 
to  their  protection,  and  consequently  look  up  to  them  for  a 
speedy  and  efiectual  interposition  for  their  relief."* 

Having  dispatched  the  letters  and  deposition  to  Philadelphia, 
Governor  Clinton  placed  in  the  hands  of  Mr.  Bigelow  a  com- 
munication directed  to  him,  and  intended  for  the  perusal  of  the 
unfortunate  sufferers  by  the  "  late  outrage."  The  advice  which 
he  gave  was  well  in  keeping  with  the  character  of  the  man. 
"  I  would  as  heretofore,"  said  he,  "  recommend  to  om-  friends, 
still  to  persevere  in  the  line  of  conduct  pointed  out  by  the 
resolve  of  Congress,  in  abstaining  from  all  acts  of  force  or 
violence  except  when  their  immediate  self-defence  shall  compel 
them  to  have  recourse  to  resistance  by  arms.  At  the  same 
time,  should  the  government  of  the  pretended  state  continue 
to  hold  the  prisoners  in  confinement,  I  would  then  think  it 
justifiable  and  advisable  that  attempts  should  be  made  for  their 
release  ;  and  if  this  cannot  be  efifected,  then  that  an  equal 
number  of  the  insurgents  should  be  taken  and  brought  to  thisf 
or  any  other  place  of  security  in  the  state,  where  they  can  be 
detained  as  hostages  for  the  security  and  indemnity  of  the  sub- 
jects of  this  state  whom  they  have  made  prisoners  of.":}: 

The  dispatches  of  Governor  Clinton  having  been  received  at 
Philadelphia  on  the  20th,  an  attempt  was  made  by  the  K^ew 
York  delegates  to  read  them  in  Congress  without  delay,  but  a 
pressure  of  business  of  greater  importance  rendered  this  course 
impracticable.  The  person  by  whom  the  papers  had  been  sent 
being  apprehensive  that  his  poverty  would  not  permit,  him  to 
tarry  long  in  Philadelphia,  left  without  the  information  of 
which  Clinton  had  hoped  he  would  be  the  bearer.  Assurances 
were  however  conveyed  to  the  Governor  of  the  interest  which 
others  beside  himself  felt  in  the  result  of  the  late  occurrences. 

*  George  Clinton  Papers,  in  K  T.  State  Lib.,  voL  xvi.  docs.  4761,  4762. 
\  Poughkeepsie. 

X  Doc.  Hist.  N.  Y.,  iv.  1012,  1013,  Papers  relating  to  Vt.  Controversy,  in  office 
Sec.  State  N.  Y.,  p.  47. 


1Y82.]  BIXBy's   communication  to   gov.    CLINTON.  459 

"  This  new  and  unexpected  violence,"  wi'ote  the  delegates, 
"  offered  in  direct  opposition  to  the  recommendations  of  Con- 
gress to  those  peaceable  citizens  who  have  always  strictly  ad- 
hered to  the  same,  and  the  dangerous  consequences  which  may 
ensue  from  such  evil  examples,  will,  we  trust,  induce  Congress 
immediately  to  interpose  and  exert  their  authority  for  the  relief 
and  protection  of  those  unhappy  people,  our  fellow-citizens,  now 
made  prisoners  by  a  lawless  power.  Your  Excellency  may 
rest  assured  that  we  shall  exert  ourselves  to  the  utmost  for  their 
relief,  and  that  measures  may  be  adopted  for  the  future  protec- 
tion of  the  adherents  to  our  state  who  reside  in  that  district  of 
country,"* 

Li  order  that  Governor  Clinton  might  be  fully  informed  of 
the  conduct  of  the  Yermonters,  the  depositions  of  Thomas  Baker 
and  David  Lamb,  two  of  the  sufferers  by  the  "  late  outrage," 
were  sent  to  him  by  Samuel  Bixby,  the  clerk  of  the  ISTew 
York  convention  of  committees.  In  an  accompanying  communi- 
cation, dated  the  22d,  Bixby  stated  that  the  sentence  which  the 
prisoners  had  received  was  contrary  to  the  laws  of  Yermont,  as 
they  were  not  taken  under  arms,  which  was  the  only  condition 
on  which  their  conduct  was  to  be  adjudged  criminal.  On  this 
point,  however,  he  was  at  fault,  for  the  particular  act  under 
which  they  were  arrested,  denounced  punishment  against  any 
one  who  should  conspire  against  the  liberty  of  the  state, 
whether  with  arms  or  otherwise.  He  also  referred  to  the 
illegality  of  the  proceedings,  whereby  the  same  tribunal  had  held 
and  swayed  both  the  legislative  and  the  executive  power.  And 
in  this  particular  his  remark  was  just,  for  it  was  by  order  of 
the  com*t,  and  not  by  legislative  enactment,  that  the  officers 
were  empowered  to  seize  the  property  of  those  against  whom 
charges  had  been  preferred,  when  it  was  ascertained  that  their 
persons  could  not  be  secured.  The  reply  of  the  ISTew  York 
delegates,  a  part  of  which  has  been  ah'eady  recited,  was  received 
by  Governor  Clinton  on  the  27th,  and  the  information  which  it 
contained  was  immediately  transmitted  by  him,  to  the  conven- 
tion of  Cumberland  county.  In  the  few  words  of  advice  which 
he  added,  he,  as  on  former  occasions,  counselled  his  friends  to 
behave  peaceably,  and  "  not  to  have  recourse  to  violence  or 
force,"  unless  the  immediate  defence  of  their  persons  and  pro- 
perty should  demand  the  employment  of  such  measures.     At 

*  George  Clinton  Papers,  m  N.  T.  State  Lib.,  voL  xri.,  docs.  4*772, 4'7'73. 


460  HISTORY   OF   EASTEEN    VEKMONT.  [1782. 

the  same  time  lie  wrote  to  Jonathan  Hmit,  who,  as  sheriff  of 
Windham  county,  had  taken  an  active  part  in  arresting  the 
subjects  of  New  York.  He  reminded  him  that  the  proceedings 
in  which  he  had  been  engaged  were  in  "  direct  opposition  and 
contempt  of  the  recommendations  of  Congress,"  and  warned  him 
of  the  "  dangerous  consequences"  which  would  ensue  should 
he  attempt  to  execute  process  against  those  who  refused  to  obey 
the  laws  of  Vermont.* 

Soon  after  Governor  Clinton  had  dispatched  the  messenger 
to  Philadelphia  with  the  information  which  Bigelow  had 
brought  from  Guilford,  Charles  Phelps  ai-rived  at  Poughkeep- 
sie  with  accounts  confirmatory  of  the  reports  which  had  pre- 
ceded him.  Here  he  remained  until  the  messenger  returned 
from  Pliiladelphia,  when  he  made  known  his  intention  of  pay- 
ing a  visit  to  Congress.  Conceiving  that  his  presence  there 
would  be  of  no  service  to  the  cause  he  was  eager  to  advocate, 
and  apprehending  he  would  be  "  troublesome  and  perhaps 
burthensome"  to  those  with  whom  he  would  necessarily  be 
brought  most  in  contact.  Governor  Clinton  endeavored  to  dissuade 
him  from  going.  Nothing  could  change  his  determination. 
Though  the  Governor  declined  writing  by  him,  lest  the  delegates 
should  suppose  that  his  visit  was  made  by  the  Governor's 
approbation,  Phelps  departed  on  the  1st  of  October,  depending 
on  his  own  resources  for  the  assistance  he  should  require. 

In  conformity  with  the  sentence  that  had  been  passed  upon 
them.  Church,  Shattuck,  Evans,  and  Timothy  Phelps  were  re- 
leased from  imprisonment  on  the  4tli  of  October.  Tliey  were 
then  taken  under  a  strong  guard  across  Connecticut  river  into 
New  Hampshire,  where  the  sentence  of  banishment  was  read 
to  them  by  Samuel  Avery,  a  Vermont  deputy  sheriff.  To  this 
the  penalty  of  death  was  added,  provided  they  should  ever 
return.  On  the  24th,  the  sheriff  of  Windham  county  was 
directed  by  a  resolution  of  the  General  Assembly,  to  sell  their 
estates  as  confiscated  property,  and  accept  in  payment,  "  due 
bills,  pay-table  orders,  or  hard  money."  He  was  also  directed 
to  sell  as  much  of  the  estates  of  those  persons  who  had  been 
indicted  by  the  grand  jurors  of  Windham  county,  as  should 

*  Soon  after  tlie  receipt  of  this  letter,  instigated  either  by  fear  or  by  doubts 
as  to  the  legality  of  his  course,  Hunt  resigned  his  office.  Dr.  Elkanah  Day  was 
appointed  in  his  place  on  the  16th  of  October,  1782.  MS.  Accounts.  Doc.  Hist. 
N.  Y.,  iv.  1013,  1014.  George  Clinton  Papers,  in  N.  Y.  State  Lib.,  voL  xvi.  doc. 
4181.    Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  K  Y.,  p.  48. 


1Y82.]  KEPOET   OF   THE   COl^IMITTEES    OF   FOUE   TOWNS.  461 

serve  to  pay  the  expense  of  the  j96>5se  comitatus  /  and  was  in- 
structed to  "  take  the  advice  of  the  principal  men  of  the  county, 
and  endeavor  to  levy  such  expense  in  proportion  to  the  crimes 
and  abilities  of  such  dehnquents." 

During  the  confinement  of  the  prisoners,  the  committees  of 
Brattleborough,  Guilford,  Hahfax,  and  Marlborough,  had  been 
engaged  in  preparing  a  report  of  the  grievances  to  which  they 
had  been  subjected  by  reason  of  their  adherence  to  the  govern- 
ment of  l^ew  York.  This  document  was  full  in  its  details,  and 
embraced  the  discussion  of  topics  relating  as  well  to  the  con- 
dition of  the  whole  state,  as  to  the  condition  of  Windham  and 
Windsor  counties.  Among  other  criminations  contained  in  it, 
the  General  Assembly  of  Yermont  were  accused  of  entering 
into  a  treaty  with  the  enemies  of  the  United  States,  without  the 
Imowledge  or  consent  of  the  people  at  large,  and,  when 
charged  with  the  ofience  of  flatly  denying  that  any  such  treaty 
had  ever  been  commenced.  Announcement  was  also  made  of 
the  current  belief  that  negotiations  had  been  initiated  with  the 
British  in  Canada,  for  the  purpose  of  transferring  Yermont  to 
the  common  enemy.  The  secret  policy  of  the  state  wa^  con- 
demned. Governor  Chittenden's  conduct  was  pronounced 
arbitrary.  The  acts  of  the  Yermont  Legislature  were  declared 
unauthorized.  Taxes  which  had  been  levied  for  the  purpose  of 
supporting  the  government  of  Yermont  were  branded  as  unjust. 
The  finances  of  the  state  were  represented  as  impoverished  in 
condition,  and  the  ofiicers  to  whom  the  duty  of  collecting 
money  had  been  entrusted  were  denounced  as  exacting  and 
heartless  men.  In  view  of  these  charges,  the  committees  expressed 
their  sentiments  in  language  plain  and  definite.  "  By  a  reso- 
lution of  the  Assembly  of  the  state  of  Kew  York,  in  October, 
1T81,  and  one  of  March,  1782,"  said  they,  "  it  appears  that  the 
state  of  Xew  York  are  determined  to  support  their  jurisdiction 
over  this  territory ;  and  it  being  our  opinion  that  it  was  gua- 
ranteed to  them  in  the  confederation  by  the  other  states,  and 
that  to  them  we  owe  our  allegiance,  we  therefore  conceive  we 
shall  be  highly  to  blame  and  of  course  involve  ourselves  in 
certain  ruin,  by  resisting  or  opposing  the  authority  of  !New 
York,  since  by  so  doing  we  shall  oppose  and  resist  the  authority 
of  Congress  and  of  the  thirteen  United  States,  and  bring  ine- 
vitable destruction  upon  ourselves.  To  avoid  these  evils,  we 
think  it  our  indispensable  duty  to  submit  ourselves  to  the 
authority  of  the  state  of  New  York." 


462  HISTORY   OF   EASTERN   VERMONT.  [1782. 

In  tlie  course  of  this  statement  of  grievances,  other  actions  of 
the  government  of  Yermont  were  unsparingly  condemned. 
Tlie  late  legal  enactments  concerning  those  who  acknowledged 
the  jurisdiction  of  New  York,  were  stigmatized  with  especial 
bitterness.  "  We  are  of  opinion,"  said  they,  "  that  the  most 
capital  of  all  the  proceedings  of  this  old  Green  Mountain  Core,* 
is  their  preparing  a  law  especially  for  a  certain  set  of  people — 
who,  while  this  territory  w^as  under  the  jurisdiction  of  New 
York,  were  orderly,  good  subjects  to  the  state  of  New  York, 
and  who  never  before,  when  that  jurisdiction  was  regularly 
supported  here,  nor  since  the  setting  up  of  this  pretended  new 
state,  have  ever  joined  the  new  state,  but  have  ever  adhered  to 
the  state  of  New  York — by  which  law  they  have  made  it 
treason  to  join  any  of  the  other  states,  or  to  refuse  to  adhere  to 
the  new  state  of  Yermont."  Conduct  such  as  this  they  de- 
nounced as  particularly  heinous,  since  Congress  had  expressly 
ordered  that  the  rulers  of  Yermont  should  exercise  no  authority 
over  any  person  who  was  unwilling  to  acknowledge  the  juris- 
diction of  that  state.  Continuing  in  this  strain,  they  detailed 
the  general  effects  of  the  treatment  they  had  been  compelled  to 
undergo,  and  of  the  suiFerings  they  had  borne  in  behalf  of  New 
York,  and  concluded  their  statements  in  these  words  : — "  We 
conceive  there  can  be  no  way  to  ensure  peace  and  prosperity  to 
the  people  of  these  '  Grants,'  but  to  put  an  end  to  their  present 
jDolicy  and  government.  Perhaps  in  some  future  day  it  may  be 
for  the  happiness  of  this  part  of  the  country  to  be  made  a 
separate  jurisdiction,  within  such  bounds  and  under  such 
regulations  as  the  United  States  in  their  wisdom  shall  see  £t. 
We  think  it  will  be  very  easy  for  Congress  to  point  out  a  way 
in  which  justice  may  for  the  present  be  done  to  all  the  con- 
tending and  diiferent  claims ;  but  should  matters  be  suffered  to 
go  on  in  the  course  they  have  now  taken,  we  cannot  imagine 
where  they  will  end,  unless  it  be  in  riots,  tumults,  disorder,  and 
confusion,  and  most  probably  in  bloodshed  among  ourselves."f 

This  statement  of  the  associated  committees  w^as  entrusted  to 
Majors  Shattuck  and  Evans  on  the  Tth  of  October,  to  be  by 
them  presented  to  Governor  Clinton  and  the  Legislature  of 
New  York.  The  two  officers  reached  Poughkeepsie  on  the 
14th  of  October,  and  were  courteously  received  by  the  Governor, 

*  Corps. 

f  George  Clinton  Papers,  in  N,  Y  State  Lib.,  vol.  xvi.  doc.  4788. 


1782.]  COURSE   OF   PHELPS    IN   PniLADELPIIIA.  463 

■\vlio  listened  with  interest  and  attention  to  their  representations. 
They  furnished  him  with  affidavits  in  which  were  embodied  a 
full  relation  of  the  events  which  had  led  to  the  trial  and  im- 
prisonment of  themselves  and  friends ;  a  particular  state- 
ment of  the  conduct  of  Ethan  Allen  during  the  "  late  violent 
proceedings  ;"  and  a  few  suggestions  as  to  the  cause  of  the  ap- 
j)earance  of  the  British  at  the  northward  and  westward.  In 
their  own  defence  they  stated  that  they  had  never  "  made  use 
of  any  force  or  violence  to  compel  such  of  the  inhabitants  on  the 
district  called  the  !New  Hampshire  Grants,  who  professed 
allegiance  to  the  said  usurped  government,  to  renounce  their 
allegiance  thereto,  or  to  submit  to  the  government  or  authority 
of  the  said  state  of  New  York ;  or  by  any  act  of  force  or 
violence  interrupted  or  prevented  the  exercise  of  any  authority 
under  the  said  pretended  state  of  Vermont  over  such  persons  as 
professed  allegiance  thereto."  Governor  Clinton  immediately 
notified  the  information  he  had  received  to  the  New  York 
delegates  in  Congress.  In  his  letter  to  them,  he  enclosed 
copies  of  the  papers  which  had  been  furnished  him  by  Shattuck 
and  Evans.  "  I  think  they  cannot  fail,"  wrote  he,  referring  to 
the  depositions,  "  of  making  an  impression  on  the  minds  of 
Congress,  not  unfavorable  to  us."* 

Meantime  Charles  Phelps  having  reached  Philadelj)hia,  was 
busied  in  detailing  his  misfortunes  to  those  who  he  hoped  would 
be  interested  in  relieving  them.  By  his  own  solicitation  he 
obtained  permission  to  appear  before  the  committee  of  Congress 
to  whom  had  been  referred  the  consideration  of  the  troubles  in 
Cumberland  county,  and  on  the  8th  of  October,  at  an  evening 
session,  was  engaged  for  "  two  or  three  hours,  with  very  little 
interruption,"  in  recounting  the  transactions  which  had  been 
the  cause  of  his  visit.  So  important  were  the  afiidavits  which 
he  presented  on  this  occasion,  that  the  committee  refused  to 
report  upon  them  until  they  should  have  been  read  in  Congress. 
'  To  this  arrangement  Ezra  L'Hommedieu  and  James  Duane — 
the  two  New  York  delegates  then  in  attendance — were  obliged 
to  submit,  although  by  so  doing  the  presentation  of  the  report 
upon  the  statements  made  more  than  two  weeks  before  was 
necessarily  deferred.  Not  content  with  these  eiforts,  Phelps  in 
character  of  agent  for  the  convention  of  committees  from  the 
towns  in  Yermont  loyal  to  New  York,  presented  a  memorial  to 

*  George  Clinton  Papers,  in  N.  Y.  State  Lib.,  vol.  xvi.  doc.  4802. 


46i  HISTORY   OF   EASTEKN   VERMONT.  [1782. 

Congress  on  the  lOtli,  in  wliicli  lie  stated  that  his  constituents 
on  the  "  Grants  "  had  considered  themselves  protected  by  the 
resolutions  of  Congress  j^assed  on  the  24th  of  September,  1779,  and 
on  the  2d  of  June,  1780,  and  for  this  reason  had  acted  in  accord- 
ance with  those  resolutions.  He  also  declared  his  belief  that  the 
persons  who  had  been  imprisoned  for  refusing  to  acknowledge 
the  jurisdiction  of  Vermont  would  be  sent  to  Canada.  In  his 
own  behalf  he  prayed  that  measures  might  be  taken  to  effect  the 
restoration  of  his  property.* 

On  the  16th  of  October — one  month  from  the  date  of  Govern- 
or Clinton's  letter  to  Congress  containing  a  notification  of  the 
outbreak  in  Cumberland  county — the  committee  appointed  by 
Congress  presented  their  report.  At  the  same  time  another 
report  was  proposed  as  a  substitute.  These  proceedings  ended 
in  a  recommitment  of  the  whole  subject.  A  third  report  made 
by  John  Rutledge,  on  the  22d,  in  which  he  and  his  colleagues 
recommended  to  the  people  on  the  "  Grants  "  to  abstain  from 
all  measures  calculated  to  create  disturbance,  was  amended  and 
laid  aside  for  further  consideration. 

Since  their  arrival  at  Poughkeepsie,  Shattuck  and  Evans  had 
remained  in  the  vicinity  of  that  place,  hoping  to  receive 
"  accounts  of  the  issue  of  the  controv,ersy  on  the  '  Grants ;'  and 
that  Congress  had  taken  decided  measures  for  the  relief  of  their 
fellow  citizens  in  Cumberland  county,  and  their  protection  in 
future  against  the  violence  of  the  Vermont  party."  Having 
been  assured  by  a  letter  from  Mr.  L'Hommedieu  of  the  16th 
of  October,  that  "  no  effectual  measures  "  had  been  or  pro- 
bably would  be  taken  in  Congress  until  the  general  question 
respecting  jurisdiction  should  be  determined,  they  concluded  to 
extend  their  journey  to  Philadelphia  and  there  await  the  event. 
In  the  letter  of  introduction  wdiich  was  furnished  them  by 
Governor  Clinton,  full  approbation  was  expressed  of  the  course 
they  had  resolved  to  adopt.  "  They,  with  several  others,  their 
neighbors,"  wrote  the  Governor  to  the  Kew  York  delegates, 
"  are  stript  of  all  their  property  and  banished,  and  under  the 
circumstances  cannot  think  of  seeing  their  families  till  they 
have  made  every  effort  for  obtaining  redress.  They  have 
determined  therefore  to  go  on  to  Philadelphia,  in  hopes  that 
their  presence,  and  the  information  they  can  communicate,  may 
assist  in  bringing  about  a  more  speedy  settlement  of  this  busi- 

*  George  Clinton  Papers,  in  N.  Y.  State  Lib.,  vol.  svi.  does.  4*796,  4797. 


1782,]  THE   FEELESTG   IN   COXGEESS.  465 

ness.  I  have  helped  them  to  a  small  sum  of  cash  to  defray 
their  expenses  and  to  prevent  their  being  burthensome  to  yon. 
It  is  unnecessary  to  recommend  them  to  your  countenance  and 
assistance.  Tlie  cause  they  are  engaged  in,  gives  them  the  best 
assurance  of  this."- 

While  Governor  Clinton  exercised  especial  care  to  send  to 
Philadelphia  copies  of  all  the  papers  concerning  the  controversy 
which  he  received,  the  New  York  delegates  never  neglected  to 
bring  his  dispatches  to  the  notice  of  Congress  on  the  earliest 
occasion.  By  this  means  the  topic  of  greatest  interest  to  the 
persecuted  adherents  of  New  York  was  kept  in  continual  agita- 
tion. Though  Congress  were  desirous  that  "  internal  peace 
should  be  preserved,  as  well  between  the  respective  members 
of  the  Union  as  within  each  district  tMereof,"  and  even  favored 
the  appointment  of  a  day  for  the  final  disposition  of  the  question 
of  jurisdiction,  still  they  were  unwilling  that  any  measure  should 
be  taken  in  the  present  emergency  tending  to  prejudice  the 
decision  of  Congress  on  the  genei-al  question.  To  this  cause 
must  be  attributed,  in  part,  the  delay  with  which  every  propo- 
sition for  a  thorough  examination  of  the  relative  position  of  the 
two  parties  claiming  jurisdiction  on  the  "  Grants,"  was  met. 
"While  sentiments  like  these  were  prevailing  in  the  minds  of 
many  of  the  delegates,  Shattuck  and  Evans  appeared  in  Phila- 
delphia, and  on  the  28th  of  October  laid  their  petition  before 
Congress.  In  this  document  they  briefly  rehearsed  the  history 
of  the  diflSculties  which  they  had  been  obliged  to  encounter ; 
referred  to  the  "  fifty  persons  having  families,"  who  had  been 
driven  from  their  homes,  and  who  were  then  "wandering  about 
in  the  utmost  distress ;"  mentioned  the  forbearance  which  the  suf- 
ferers had  exhibited  in  refraining  from  "  acts  of  retaliation  ;"  and 
asked  for  aid,  and  for  the  restoration  of  their  possessions  to  those 
who  had  been  deprived  of  them  by  the  late  transactions  of  the 
people  of  Yermont,  Nor  did  they  scruple  to  refer  to  their  own 
destitution,  and  to  the  immediate  inconveniences  to  which  they 
were  exposed,  on  account  of  a  want  of  money,  and  of  the  difficulty 
of  supporting  themselves  in  Philadelphia  where  necessity  had 
obliged  them  to  repair  for  justice.  Though  but  little  was  to  be 
expected  from  Congress  until  the  general  course  which  they 
were  to  follow  in  the  controvei^y  should  be  fixed,  yet  the  peti- 
tioners were  not  allowed  to  sufier.     "  They  are  very  decent  men 

*  George  Clinton  Papers,  in  K  Y,  State  Lib.,  vol  xvi.  docs,  4809,  482S.      MSS. 
in  office  Sec.  State  Vt. 

30 


466  HISTORY    OF   EASTERN    VERMONT.  [1782. 

and  are  treated  with  respect,"  wrote  Mr.  L'Hommedieu,  and 
subsequent  events  proved  that  private  means  were  at  their  ser- 
vice, though  the  aid  of  Congress  was  denied  them.* 

The  committee  of  Congress  to  whom  had  been  referred  the 
letter  of  the  16th  of  September  from  Governor  Clinton,  the 
deposition  of  Joel  Bigelow,  the  memorial  of  Charles  Phelps,  and 
a  number  of  other  papers,  presented  another  report  on  the  5th 
of  I^ovember,  in  which  several  imj)ortant  alterations  and  addi- 
tions had  been  made.  At  the  same  time  the  consideration  of 
the  report  which  had  been  made  to  Congress  on  the  lYth  of 
April  previous,  recommending  the  admission  of  Yermont  into 
the  Union,  was  called  for.  After  a  lengthened  discussion,  all 
that  portion  of  the  subject  relating  to  an  ultimate  adjustment 
of  difficulties  by  an  acknm\^ledgment  of  the  independence  of  Yer- 
mont as  a  separate  state  was  postponed.  The  consideration  of 
the  question  whether  "  the  peoj^le  inhabiting  the  territory  called 
Yermont "  had  relinquished  their  claims  to  the  Eastern  and 
Western  Unions  was  declared  necessary  and  proper  before 
arguing  the  questions  which  depended  upon  it.  Referring  to 
the  action  of  Congress  on  this  occasion,  Mr.  L'Homme- 
dieu expressed  a  wish  that  since  the  general  question  had  been 
thus  laid  aside,  Congress  would  take  measures  to  preserve  the 
peace  of  the  disturbed  district.  The  constituency  of  his  own  state, 
many  of  the  inhabitants  on  the  "  Grants,"  and  no  inconsiderable 
number  of  the  members  of  Congress  avowed  the  same  desire, 
and  anxiously  awaited  the  time  when  the  present  difficulties  at 
least,  should  be  ended. 

Believing  fully  in  the  innate  strength  of  petition,  Charles 
Phelps  did  not  cease  to  besiege  Congress  with  missives  suppK- 
catory,  missives  memorial,  and  missives  remonstrative.  On  the 
8th  of  November  he  besought  Congress  "  for  a  continental  relief 
of  money  and  clothing  for  his  necessitous  circumstances."  In 
order  to  prove  the  validit}^  of  the  grounds  upon  which  he  asked 
for  assistance,  he  stated  that  when  leaving  home  in  some  haste, 
he  had  been  pursued  several  miles  by  eight  or  ten  of  the  Yer- 
mont "light  infantry;"  that  he  l)avely  made  his  escape  from 
"  those  armed  pursuers ;"  that  li-  was  "  necessitated  to  borrow 
a  great  part  of  his  necessary  ap[)urel  fifty  miles  from  home ;" 
that  his  garments  were  now  ncc^ly  worn  out,  his  money  almost 
exhausted,  and  the  debts  which  he  had  been  forced  to  contract 

*  George  Clinton  Papers,  in  N.  Y.  State  Lib.,  vol.  xvL  docs.  4828,  4831,  4833, 
4842. 


1TS2.]      KESOLTJTIONS   OF   THE   CONGRESSIONAL   COMMITTEE.  467 

for  tlie  support  of  himself  and  horse  unpaid.  Although  his  con- 
dition required  the  aid  for  which  he  sought,  yet  Congress  did 
not  deem  themselves  bound  to^heed  his  requests,  and  the  peti- 
tion was  dismissed.  It  is  probable  that  a  similar  petition  prefer- 
red by  Shattuck  and  Evans  was  treated  in  a  similar  manner. 
On  the  13th  of  November,  the  day  preceding  that  on  which  the 
congressional  committee  were  to  report  concerning  the  condition 
of  the  "  Grants,"  Mr.  L'Hommedieu  wrote  to  Governor  Chnton. 
Referring  to  the  14th,  he  observed  : — "  After  that  time  I  shall 
advise  Messrs.  Phelps,  Shattuck,  and  Evans  to  return,  as  it  will 
answer  no  purpose  for  them  to  continue  longer  in  this  expen- 
sive place.  They  have  spent  all  their  money  and  are  consider- 
ably in  debt,  which  in  their  petition  they  have  mentioned,  but  I 
believe  Avill  have  no  relief  in  that  respect,  more  than  in  the 
other,  from  Congress."* 

A  portion  of  the  report  on  Governor  Clinton's  letter  of  the 
16th  of  September,  and  on  the  petitions  of  Phelps,  Shattuck,  and 
Evans,  had  been  already  referred  to  a  committee  of  three  for 
further  consideration.  In  a  second  report  presented  on  the  14th 
of  November,  the  committee  stated  "  that  the  measures  com- 
plained of  in  the  papers  above  mentioned,  were  probably  occa- 
sioned by  the  state  of  New  York  having  lately  issued  commis- 
sions, both  civil  and  military,  to  persons  resident  in  the  district 
called  Yermont."  With  this  opinion  for  a  basis,  they  proposed 
the  following  resolutions : — 

"  Tliat  it  be  recommended  to  the  state  of  New  York  to  revoke 
all  commissions,  either  civil  or  military,  which  have  been  issued 
by  the  said  state  since  the  month  of  May  last,  to  persons  residing 
in  the  district  called  Yermont,  as  described  in  the  resolves  of 
the  Yth  and  20th  of  August,  1781. 

"  That  it  be  recommended  to  the  persons  exercising  the  pow- 
ers of  government  within  the  said  district,  to  make  full  and 
ample  satisfaction  to  Charles  Phelps,  William  Shattuck,  and 
Henry  Evans,  and  to  all  others  in  a  similar  predicament,  for  the 
damages  which  they  have  sustained  in  person  and  property,  in 
consequence  of  the  measures  taken  against  them  in  the  said  dis- 
trict, and  to  suffer  them  to  return  to  their  habitations,  and  to 
remain  unmolested  in  the  district  aforesaid. 

"  That  it  be  recommended  to  the  state  of  New  York,  and  to 
the  persons  exercising  the  powers  of  government  within  the 

*  Journals  of  Am.  Congress,  iii.  102.  George  Clinton  Papers,  in  N.  Y.  State 
Lib.,  vol.  xvi.,  doc.  488Y. 


468  HISTOKT   OF   EASTERN   VERMONT.  [1782. 

district  aforesaid,  to  adhere  to  the  recommendations  of  Congress 
contained  in  their  resolve  of  September  24,  1779,  until  a  deci- 
sion shall  be  had  by  Congress  on  the  subject  referred  to  them 
by  the  said  state  of  New  York  and  the  said  district  of  Vermont." 

However  just  these  resolutions  might  have  appeared  to  those 
who  proposed  them,  yet  they  failed  to  obtain  the  concurrence 
of  Congress.  A  motion  to  agree  to  the  first  resolution  was  lost, 
a  motion  to  recommit  the  second  was  negatived,  and,  on  a  final 
vote,  the  consideration  of  the  remainder  of  the  report  was  post- 
poned. On  none  did  the  immediate  efi'ects  of  this  refusal  to 
reimburse  the  suffering  Yorkers  fall  more  heavily  than  on  the 
three  petitioners,  who,  for  several  weeks,  had  awaited  at  Phila- 
delphia, patiently  and  amid  poverty,  the  decision  of  Congress. 
Their  indebtedness,  owing  to  the  expeusiveness  of  living,  had 
increased  to  such  an  extent  that  they  were  unable  to  meet  it. 
On  the  15th  of  JSTovember  an  attempt  was  made  by  the  New 
York  delegates  to  relieve  their  necessities  by  borrowing  a  hun- 
'di*ed  dollars  on  the  credit  of  the  state.  "  K  this  plan  fails," 
wrote  James  Duane,  "  it  is  more  than  probable  they  will  lose 
their  liberty,  as  they  have  ah-eady  done  their  property,  for  it  is 
'■out  of  my  power  to  aid  them."  On  the  17th  the  same  gentle- 
man informed  Clinton  that  "  the  distress  of  Phelps  having  been 
brought  to  a  crisis,"  nothing  was  left  but  to  borrow  "  for  his 
and  his  unfortunate  companions'  support."  The  desired  loan 
was  efiected  ;  the  debts  of  the  trio  whose  visit  had  given  "  infi- 
nite uneasiness  "  to  their  friends  in  Philadelphia  were  discharged  ; 
and  the  fear  of  imprisonment  for  debt  w^as  brought  to  an  end. 

As  there  was  but  Kttle  expectation  that  any  resolution  could 
now  be  obtained  which  would  prove  favorable  to  the  Yorkers, 
the  main  reason  for  the  delay  of  their  agents  in  an  expensive 
city  was  removed.  Desirous  of  visiting  their  families,  provided 
they  could  do  so  with  safety,  Shattuck  and  Evans  set  out  on 
their  return  home  on  the  19th.  Phelps,  on  the  contrary,  hop- 
ing to  be  able  to  accomplish  by  importunity  what  he  had  failed 
to  perform  by  petition  and  remonstrance,  determined  to  remain. 
The  two  former  reached  Poughkeepsie  on  the  23d  ;  detailed  to 
Governor  Clinton  an  account  of  their  visit ;  and  confirmed  the 
report  which  had  already  reached  him  of  their  failure  to  im- 
press upon  Congress  the  necessity  of  prompt  and  decisive  action 
in  restoring  to  the  Yorkers  their  homes  and  possessions.* 

*  Journals  of  Am.  Cong.,  iv.  105,  106.  George  Clinton  Papers  in  N.  Y.  State 
Lib.,  vol.  xvi.  docs.  4856,  4857,  4858. 


1782.]  KETURN   OF   EVANS    TO   GUILFOKD.  469 

Evans  now  determined  to  return  to  Guilford,  in  spite  of  the 
penalties  denounced  against  him  in  case  he  should  ever  again 
enter  within  the  borders  of  Yermont.  Shattuck,  more  cautious, 
concluded  to  obey  the  decree  of  banishment  until  he  should 
receive  further  accounts  from  Philadelphia.  With  his  accus- 
tomed kindness,  Governor  Clinton  wrote  a  letter  to  CoU  Timo- 
thy Church,  on  the  24:th,  as  an  endorsement  of  any  statements 
which  Shattuck  or  Evans  might  make  relative  to  the  views  of 
Congress  concerning  the  present  unfortimate  troubles.  "  These 
gentlemen,"  observed  Clinton,  referring  to  them,  "  have  had 
an  opportunity  which  I  long  wished  them  to  have  of  being  ac- 
quainted with  the  sentiments  of  the  different  members  of  Con- 
gress respecting  our  controversy  with  the  pretended  state  of 
Vermont,  as  they  are  thereby  enabled  to  form  a  judgment, 
founded  on  their  own  knowledge  of  facts,  of  what  will  be  the 
probable  issue  of  a  dispute  in  which  they  are  so  deeply  inte- 
rested. Tliis  renders  it  unnecessary  for  me  to  say  anything  on 
a  subject  of  which  they  will  be  able  to  give  so  full  and  satisfac- 
tory information,  and  I  have  therefore  oidy  to  repeat  what  I 
often  suggested,  that  much  will  dej^end  on  the  conduct  of  the 
good  subjects  of  this  state  on  the  'Grants,'  whose  firm  and 
steady  adherence  to  their  duty  and  allegiance  I  would  flatter 
myself  will  soon  be  rewarded  by  a  determination  that  will  re- 
lieve them  from  their  present  distresses,  and  guard  them  against 
future  oppression."  Reaching  home  on  the  1st  of  December, 
Evans,  to  use  his  own  language,  "  found  the  people  in  a  very 
broken  situation."  It  was  observed,  however,  that  the  effect  of 
his  statements,  and  of  the  clear  and  honest  declarations  of  Gover- 
nor Clinton,  were  temporarily  beneficial  in  removing  the  gloom 
which  had  been  caused  by  long  continued  disappointment.* 

Yarious  attempts  were  made  to  resume  the  consideration  of 
the  report  of  the  committee  to  whom  had  been  referred  the 
report  of  a  former  committee  on  the  letter  of  Governor  Clinton, 
of  September  16th,  and  the  accompanying  documents.  The 
subject  was  at  length  brought  before  Congress  on  the  5th  of 
December,  but  its  consideration  was  again  postponed.  Follow- 
ing the  declaration  of  this  postponement,  a  motion  was  made 
by  Thomas  McKean,  of  Delaware,  and  seconded  by  Alexander 
Hamilton,  of  New  York,  in  these  words  : — 

"  Whereas  it  appears  to  Congress,  by  authentic  documents, 

*  George  Clinton  Papers  in  K  Y.  State  Lib.,  vol.  xvi.  doc.  4862. 


470  HISTORY    OF   EASTERN    VERMONT.  [1782. 

that  the  people  inhabiting  the  district  of  country  on  the  west 
side  of  Connecticut  river,  commonly  called  the  Kew  Hampshire 
Grants,  and  claiming  to  be  an  independent  state,  in  contempt 
of  the  authority  of  Congress,  and  in  direct  violation  of  the  reso- 
lutions of  the  24th  of  September,  1779,  and  of  the  2d  of  June, 
17S0,  did,  in  the  month  of  September  last,  proceed  to  exercise 
jurisdiction  over  the  persons  and  properties  of  sundry  inhabit- 
ants of  the  said  district,  professing  themselves  to  be  subjects  of, 
and  to  owe  allegiance  to  the  state  of  Xew  York,  by  means 
whereof  divers  of  them  have  been  condemned  to  banishment,  not 
to  return  on  pain  of  death  and  confiscation  of  estate ;  and  others 
have  been  fined  in  large  sums  and  otherwise  deprived  of  pro- 
perty ;  therefore, 

"  Kesolved,  That  the  said  acts  and  proceedings  of  the  said 
people,  being  higlily  derogatory  to  the  authority  of  the  United 
States,  and  dangerous  to  the  confederacy,  require  the  immediate 
and  decided  interposition  of  Congress,  for  the  protection  and 
relief  of  such  as  have  sufli'ered  by  them,  and  for  preserving 
peace  in  the  said  district,  until  a  decision  shall  be  had  of  the 
controversy,  relative  to  the  jurisdiction  of  the  same. 

"  That  the  people  inhabiting  the  said  district  claiming  to  be 
independent,  be,  and  they  are  hereby,  required,  without  delay, 
to  make  full  and  ample  restitution  to  Timothy  Church,  Timothy 
Phelps,  Henry  Evans,  "William  Shattuck,  and  such  others  as 
have  been  condemned  to  banishment  and  confiscation  of  estate, 
or  have  otherwise  been  deprived  of  property  since  the  1st  day 
of  September  last,  for  the  damages  they  have  sustained  by  the 
acts  and  proceedings  aforesaid  ;  and  that  they  be  not  molested 
in  their  persons  or  properties,  or  their  return  to  their  habitations 
in  the  said  district. 

"  That  the  United  States  will  take  effectual  measures  to  en- 
force a  compliance  with  the  aforesaid  resolutions,  in  case  the 
same  shall  be  disobeyed  by  the  people  of  the  said  district. 

"  That  no  persons  holding  commissions  under  the  state  of  New 
York,  or  under  the  people  of  the  said  district  claiming  to  be 
independent,  exercise  any  authority  over  the  persons  and  pro- 
perties of  any  inhabitants  in  the  said  district,  contrary  to  the 
forementioned  resolutions  of  the  24th  of  September,  1779,  and 
the  2d  of  June,  1780. 

"  That  a  copy  of  the  foregoing  resolutions  be  transmitted  to 
Thomas  Chittenden,  Esq.,  of  Bennington,  in  the  district  afore- 
said, to  be  communicated  to  the  people  thereof." 


1782.]  VAKIOUS    MEASUKES    IN    CONGRESS.  471 

Before  the  vote  "was  taken  on  this  motion,  an  attempt  was 
made  to  amend  the  first  resolution,  and  to  strike  out  the  whole 
of  the  resolution  relating  to  the  determination  of  the  United 
States  to  enforce  the  decrees  which  Congress  had  passed  on  the 
subject  of  the  controversy.  These  suggestions  were  not  received 
with  favor,  and  on  the  question  to  agree  to  the  original  motion, 
an  affirmative  decision  was  obtained. 

The  hostility  of  Congress  at  this  time  towards  the  leading  men 
in  Yermont,  was  made  especially  apparent  in  connection  with 
these  transactions.  As  the  Secretary  of  War  was  about  to  visit 
his  family  in  Massachusetts,  David  Ramsay  of  South  Carohna, 
moved  a  resolution  on  the  10th  of  December,  instructing  that 
gentleman  "  to  take  Vermont  in  his  way,"  and  carry  a  report 
of  the  doings  of  the  5th  of  December  to  Mr.  Chittenden.  Al- 
thouojh  it  was  ur^ied  that  such  a  course  would  insure  the  deli- 
very  of  the  papers,  serve  to  conciliate  the  opposition,  and  aflbrd 
the  means  of  obtaining  certain  knowledge  of  the  Yermonters, 
yet  the  proposition  was  strenuously  resisted,  the  opinion  of  many 
being  that  such  an  act  would  tend  to  degrade  a  high  servant  of 
the  TJnited  States,  and  to  give  an  unwarranted  importance  to  the 
claims  of  Yermont  to  sovereignty  and  independence.  Tlie  objec- 
tions prevailed,  and  as  Congress  appeared  unwilling  to  make  spe- 
cial provision  for  transmitting  the  resolutions,  the  President  of 
Congress  gave  notice  that  he  should  send  them  to  the  comman- 
der-in-chief to  be  foi-warded  by  him  to  their  place  of  destina- 
tion. Though  they  were  regarded  as  an  index  of  the  sentiments 
of  Congress,  yet  the  condition  of  the  United  States,  and  the  dread 
of  the  common  foe  tended  greatly  to  diminish  their  eflect.  In 
their  letter,  announcing  the  action  of  Congress,  the  JSTew  York 
delegates  frankly  confessed  that  they  could  not  "  absolutely  rely 
upon  the  execution  of  the  coercive  part"  of  the  resolutions.  A 
similar  opinion  was  entertained  by  all  who  were  best  accpiaint- 
ed  with  the  political  condition  of  the  Union.* 

As  was  his  custom,  whenever  any  measure  was  adopted  per- 
taining to  his  constituents  on  the  "  Grants,"  Governor  Clin- 
ton transmitted  a  copy  of  the  late  resolves,  to  the  convention 
composed  of  the  committees  of  the  towns  of  Brattleborough, 
Guilford,    Halifax,    and    Marlborough.      Accompanying    the 

*  Journals  Am.  Cong.,  iv.  112,  113,  lU.  Madison  Papers,  i.  228,  229,  230. 
George  Clinton  Papers,  in  X.  Y.  State  Lib.,  vol.  xvi.  doc.  4883.  Slade's  Vt  State 
Papers,  pp.  177,  178.  .Papers  relating  to  Yt.  Coutroversj-,  in  office  Sec.  State  ^". 
Y.,  p.  49. 


472  HISTORY   OF   EASTERN   VERMONT.  [1Y82, 

resolves,  was  a  letter,  dated  the  23d  of  December,  whose  con- 
tents were  evidently  intended  for  the  guidance  and  consola- 
tion of  those  who  had  been  and  who  still  were  faithful  to  I^ew 
York.  The  sound,  energetic,  and  scholarly  ideas  of  the  patiiot 
Governor,  as  expressed  in  this  thoughtful  and  well -prepared 
production,  were  in  these  words  : — 

"  I  have  the  pleasure  of  transmitting  you  sundry  resolutions 
of  Congress,  passed  in  consequence  of  the  outrages  lately  com- 
mitted by  the  usurped  government  of  Yermont  on  the  subjects 
of  this  state  in  Cumberland  county,  I  should  have  been  happy 
could  a  final  determination  of  the  controversy  respecting  the 
jurisdiction  of  the  district  of  the  New  Hampshire  Grants,  have 
been  obtained;  but  as  this  could  not  at  present  be  eifected,  I 
flatter  myself  the  present  measure,  as  it  is  calculated  to  pre- 
serve the  peace  of  that  district  until  such  a  decision  can  be  had, 
and  ensure  justice  to  our  distressed  fellov/  citizens  for  the  da- 
mages they  have  sustained,  will  prove  acceptable,  and  the  more 
especially  as  it  evinces  a  disposition  which  promises  an  equita- 
ble and  favorable  issue  to  the  controversy,  which  issue  I  have 
the  fullest  confidence  will  ere  long  take  place. 

"  You  will  observe  that  one  of  the  present  resolutions  pro- 
hibits the  exercise  of  authority  by  either  party  over  the  other, 
contrary  to  the  resolutions  of  the  24th  of  September,  1779,  and 
the  2d  of  June,  1780.  This  repetition  of  the  sense  of  Congress, 
became  necessary  to  remove  the  false  impression  which  the 
leaders  of  the  usurped  government  had  made  on  the  minds  of 
the  people  by  insinuations  which  you  well  know  they  indus- 
tjiously  propagated  that  those  resolutions  no  longer  existed,  and 
that  Congress  never  intended  to  enforce  them.  By  these  means, 
they  not  only  led  many  into  the  violent  and  unwarrantable 
measures  which  they  had  in  contemplation,  but  discouraged  our 
friends  from  a  justifiable  resistance.  My  sentiments  are  so  fully 
and  explicitly  expressed  as  to  the  line  of  conduct  to  be  ^Hirsued 
by  those  in  your  district  holding  commissions  or  offices  under 
this  government,  as  to  render  it  altogether  unnecessarj^  now  to 
repeat  them.  The  good  consequences  which  have  already  re- 
sulted from  the  part  you  have  acted,  as  well  as  respect  for  the 
great  Council  of  America,  ^vlll,  I  am  persuaded,  induce  those 
holding  commissions  under  this  state,  still  to  persevere  in  paying 
a  strict  compliance  to  the  recommendations  of  Congress,  by  ex- 
ercising authority  only  over  those  professing  themselves  to  be 
subjects  of,  and  to  owe  allegiance  to  this  state. 


1TS2.J  ABLE   LETTER   OF    GOT,    CLINTON.  473 

"  To  obviate  any  excuse  that  may  be  ofiered  by  the  pretend- 
ed state,  in  case  they  should  delay  complj'ing  with  the  resolu- 
tion directing  restitution  to  Colonel  Church  and  the  other  suf- 
ferers, I  would  suggest  the  propriety  of  immediately  causing 
fair  and  reasonable  accounts  to  be  made  out,  of  the  damages 
sustained  by  them  respectively  ;  would  have  the  same  attested 
to,  by  the  parties,  before  a  magistrate  ;  and  (retaining  true 
copies),  would  transmit  the  originals  by  a  person  who  will  be 
able  to  swear  to  the  delivery  thereof,  to  Thomas  Chittenden, 
Esq.  Tliat  these  accounts  may  have  every  appearance  of  truth 
and  candor,  I  would  advise  that  besides  the  attestations  of  the 
party,  they  be  also  testified  to  be  just  and  reasonable,  by  as  many 
persons  of  reputation  as  from  their  knowledge  of  the  charges 
can  with  propriety  give  such  certificates. 

"  By  the  resolution  directing  restitution,  you  will  also  observe 
that  the  persons  banished  are  not  to  be  molested  in  their  persons 
or  property  on  their  return  to  their  habitations.  They  would, 
therefore,  be  justifiable  in  returning  immediately,  but  I  would 
advise  a  delay  sufficient  for  the  promulgation  of  the  resolutions  of 
Congress  on  this  subject  in  the  district,  lest  insults  might  be  com- 
mitted upon  them  by  there  volters,  and  ignorance  pleaded  in  ex- 
cuse. It  is  probable,  however,  that  the  resolutions  will  be  sufli- 
ciently  known  before  this  can  reach  you,  and  that  a  further  delay 
in  a  matter  so  interesting  to  the  sutferers  may  not  be  necessary. 

"  I  would  fain  flatter  myself  with  a  hope  of  a  voluntary  return 
of  the  mass  of  the  people  in  your  county  to  their  duty  and  allegi- 
ance. I  am  convinced  that  there  are  many  in  your  county  well 
attached  to  the  cause  of  America  at  large,  that  have  been  led 
from  their  duty  and  allegiance  by  the  artful  insinuations  of 
designing  and  wicked  men,  who  either  wish  to  subjugate  that 
district  to  British  tyranny,  or  to  gratify  their  own  ambition  and 
pride  by  establishing  an  independency  which,  while  it  would 
enrich  and  aggrandize  a  few,  would  distress  and  ruin  the  great 
bulk  of  the  people.  Tliese  men  I  could  wish  might  be  recovered 
from  their  delusion,  and  that  the  conduct  of  our  friends  towards 
them  might  at  all  times  be  such  as  shall  appear  most  likely  to 
effect  so  desirable  an  end.  You  must  be  sensible  of  the  unal- 
terable determination  of  the  state  to  secure  the  inhabitants  their 
property  under  whatever  title  it  may  be  desired ;  and  should 
the  late  act  for  this  pui-pose  be  defective  in  any  particular,  or 
subject  to  the  least  reasonable  objection,  I  may  venture  to  assure 
them,  that  on  their  discovering  a  disposition  to  return  to  their 


474  HISTORY   OF   EASTERN    VERMONT.  [lT82. 

duty,  every  just  cause  of  complaint  (if  any  still  exists)  will  be 
heard  and  removed ;  and  this  idea  I  wish  may  be  impressed 
upon  their  minds,  as  well  as  the  danger  to  which  they  are 
exposed  by  persevering  in  their  present  unjustifiable  opposition. 
Be  watchful  at  the  same  time  of  the  conduct  of  those  that  are 
disaffected  to  the  liberties  of  America,  of  whom,  from  late  as 
well  as  former  discoveries,  I  have  the  best  reason  to  believe 
tliere  are  many  leading  characters  in  your  quarter. 

"  The  Legislature  wnll  meet  the  first  Tuesday  of  next  month 
at  Kingston,  and  it  would  afford  them  much  satisfaction  to  find 
that  the  measm-es  they  have  adopted  for  quieting  the  disorders 
in  the  northeastern  parts  of  this  state  have  not  proved  inef- 
fectual."* 

Such  were  the  principles  which,  in  the  view  of  Governor 
Clinton,  were  to  be  maintained  by  his  constituents.  Such  the 
course  of  conduct  they  were  bound  to  pursue,  until  they  should 
find  themselves  unable  to  withstand  the  collected  force  of  the 
government  and  people  of  the  new  state  of  Vermont.  But 
before  this  letter  had  reached  its  destination,  or  Governor  Chit- 
tenden had  been  informed  of  the  passage  of  the  resolves  of  the 
5th  of  December,  an  event  had  occurred,  within  the  disputed 
territory,  which  evinced  the  determination  not  only  of  the  Yer- 
monters  to  enforce  the  decrees  with  which  they  had  threatened 
those  persons  whom  they  had  banished  from  the  state,  but  of 
the  Yorkers  also  to  resist  the  efforts  made  to  subdue  them. 

The  return  of  Evans  had  already  induced  the  belief  that  the 
rigorous  punishment  which  had  been  denounced  against  him 
and  his  companions  w^ould  not  be  carried  into  execution.  This 
belief  was  strengthened,  and  new  Kfe  was  now  given  to  the 
adherents  of  ISTew  York,  by  the  arrival  of  Colonel  Church  and 
Major  Shattuck.  The  latter  reached  his  home  in  Halifax  on 
the  15th  of  December,  and  on  the  same  day  was  informed  that 
the  authorities  of  Yermont  had  determined  to  dispossess  Daniel 
Shepardson  of  Guilford,  a  subject  of  'New  York,  or  pull  his 
house  down.  Aroused  by  these  reports,  Shattuck  and  a  number 
of  his  friends  met  on  the  evening  of  the  lYth,  and  resolved  to 
protect  Shepardson  from  violence.  While  preparations  were 
on  foot  for  carrying  this  design  into  execution,  intelligence  was 
received,  on  the  morning  of  the  18th,  of  the  capture  of  Church 
by  the  Yermonters.     Upon  this  Shattuck  changed  his  plan,  pro- 

*  George  Clinton  Papers,  in  N.  Y.  State  Lib.,  vol.  xvi.  doc.  4894. 


1782.]  MANCETTSTRES   OF   THE   CONTENDING   PAETIES.  475 

ceeded  to  Guilford,  raised  two  companies  of  men,  and,  for  tlie 
pm-pose  of  retaliation,  endeavored  to  arrest  Col.  Benjamin  Car- 
penter and  a  certain  Major  Sliepardson,  the  former  the  late 
Lieutenant-Governor  of  Yermont,  and  the  latter  a  staunch 
supporter  of  its  authority.  Failing  in  this  undertaking,  Shat- 
tuck  and  his  men  entered  the  dwelhngs  of  those  whom  they  had 
intended  to  capture,  seized  their  arms,  committed  other  depre- 
dations of  a  similar  character,  and  retm-ned  home.  ISTot  content 
with  the  result  of  this  expedition,  Shattuck  and  his  party  made 
another  on  the  night  of  the  20th,  took  John  Bridgman,  one  of  the 
judges  of  the  county  court,  prisoner,  and  brought  him  to  Guil- 
ford. On  the  following  day  Bridgman  was  released  on  parole. 
By  the  terms  of  the  parole  agreement  he  was  allowed  to  visit 
the  State's  Attorney,  the  Governor,  and  the  Council  of  Vermont, 
for  the  purpose  of  procuring  the  freedom  of  Col.  Church.  Should 
he  succeed,  his  own  liberty  was  to  be  granted  him.  Should  he 
fail  he  was  to  return  by  the  2d  of  January,  1783. 

Fearing  that  a  civil  war  w^as  about  to  break  out.  Col.  John  Ser- 
geant of  the  Yermont  militia  ordered  several  companies  in  his 
regiment  to  rendezvous  at  Brattleborough,  in  order,  as  was  after- 
wards stated  in  the  muster  rolls,  "  to  suppress  insurrections  and 
disturbances  then  subsisting  in  those  parts."  Tlie  Yorkers 
meanwhile  continued  to  hold  their  men  under  arms.  On  the 
night  of  the  23d  of  December,  they  received  information  that 
the  Yermont  soldiery  were  preparing  to  attack  them.  Having 
placed  his  men  in  ambush,  Shattuck  awaited  the  approach  of 
his  opponents.  But  his  expectations  were  not  realized.  Tlie 
Yermont  militia,  while  on  their  march,  were  sm'prised  by  a 
party  of  six  men,  the  vanguard,  as  they  supposed,  of  a  concealed 
enemy,  but  in  reality  a  detachment  of  their  own  friends.  Dis- 
persing in  all  directions,  they  did  not  discover  their  error  until 
it  was  too  late  to  correct  it.  Convinced  that  no  benefit  could 
arise  to  either  party  from  the  pursuit  of  hostile  measures,  the 
Yermonters  on  the  following  day  sent  a  messenger  to  the  Yorkers, 
with  proposals  for  a  treaty.  Tlie  Yorkers  replied  that,  if  the 
Yermonters  desired  peace,  they  might  come  to  them  and  pro- 
pose the  terms. 

The  result  of  these  negotiations  was  the  confirmation  of  an 
agreement  which  had  been  drawn  up  and  signed  on  the  20th^ 
by  Zadock  Granger,  and  Simeon  Edwards,  in  behalf  of  the 
Yermont  party.  In  the  preamble  to  this  document,  the  signers 
rehearsed  the  considerations  which  had  induced  them  to  engage 


476  HISTORY   OF   EASTERN    VERMONT.  [1Y82. 

in  an  agreement  of  this  cliaracter ;  referred  to  the  "  unhappy 
differences  about  the  right  of  jurisdiction,"  as  the  cause  of  all 
the  difficulties  between  the  conflicting  parties ;  alluded  to  the 
probability  of  the  "  decisive  determination  by  Congress,"  of  the 
long  continued  dispute ;  deprecated  the  hostile  measures  which 
had  been,  and  were  then  pursued  by  men  who  were  "  in  arms 
against  each  other;"  and  expressed  a  desire  to  prevent  "mis- 
chiefs and  miseries,"  and  to  ensure  peace  and  the  pubHc  good. 
In  view  of  these  reasons,  and  in  consideration  of  the  engagement 
of  the  leaders  of  the  I^ew  York  party,  that  their  adherents 
should  be  immediately  dispersed,  and  should  "  rise  no  more"  to 
disturb  the  people  of  Vermont  unless  molested  by  them,  and  on 
the  further  condition  that  either  Colonel  Church,  or  Judge 
Bridgman  should  return  by  the  2d  of  January,  1Y83 — they,  as 
men  of  honor  and  influence,  agreed  to  exert  their  "  utmost 
endeavors"  in  preventing  the  people  of  Vermont  from  molesting 
the  'New  York  party ;  promised  to  inform  Joseph  Peck  of  Guil- 
ford, a  captain  in  the  New  York  militia,  should  any  force  be 
sent  by  the  Vermont  party  to  oppose  the  New  York  party 
before  the  1st  of  February,  1783 ;  and  bound  themselves  to 
write  to  Governor  Chittenden,  requesting  him  to  "let  matters 
rest"  according  to  this  engagement. 

Repairing  to  Governor  Chittenden,  Bridgman  endeavored  to 
obtain  from  him,  and  the  Council  of  Vermont,  advice  as  to  the 
course  he  should  pursue  in  this  emergency.  But  the  oracles 
were  dumb,  and  after  nine  days  of  useless  expostulation  he 
returned.  His  parole  was  renewed  on  the  2d  of  January,  1783, 
but  his  success  in  endeavoring  to  learn  the  sentiments  of  the 
rulers  of  the  state,  as  to  the  means  by  which  he  should  procure 
permanent  relief,  was  no  better  on  a  second  attempt.  On  the 
18th  of  January  his  parole  was  again  renewed,  to  continue 
"  during  the  good  pleasure"  of  Governor  Clinton.  The  reluc- 
tance of  Governor  Chittenden  to  reply  categorically  to  the 
inquiries  of  Bridgman  was  not  strange.  Many  of  the  Vermont- 
ers  in  the  towns  where  the  Yorkers  were  most  numerous,  were 
inclined  to  treat  them  kindly,  hoping  in  this  manner  to  effect 
what  could  not  be  accomplished  by  force.  Chittenden's  views 
towards  them  were  severe  in  the  extreme.  In  this  dilemma 
policy  dictated  silence  as  to  his  opinion  of  the  condition  and 
conduct  of  Bridgman. 

An  idea  of  the  peculiar  character  of  this  unique  Governor, 
who,  although  partially  deprived  of  sight,  and  for  this  reason 


17S2.]  A   CHARAOTEKISTIC   EPISTLE.  477 

familiarly  known  as  "  One-eyed  Tom,"  was  possessed  of  all  the 
penetration,  common  sense,  discretion,  and  policy,  whicli  his 
peculiar  position  demanded,  may  be  obtained  from  a  perusal 
of  one  of  his  characteristic  epistles.  As  soon  as  Church — who 
had  dared  to  return  to  the  place  whence  he  had  been  for  ever 
banished — was  arrested,  he  was  delivered  to  Col.  Stephen  R. 
Bradley,  who  sent  him  under  a  strong  guard  to  Governor  Chit- 
tenden at  Arlington.  In  answer  to  a  note  from  the  Colonel 
detailing  the  reasons  of  the  arrest,  Chittenden,  on  the  24th  of 
December,  1782,  replied  : — "  I  received  your  letter  with  the 
prisoner,  and  approve  of  your  conduct.  Have  sent  to  Colonel 
Robinson  to  call  the  Superior  court  immediately  for  his  trial,  and 
I  hope  and  trust  justice  will  be  done  him.  I  have  sent  twelve 
j)Ounds  powder  agreeable  to  your  request.  As  to  sending  or 
ordering  a  standing  force  to  Guilford,  I  had  rather  hang  them 
[the  Yorkers]  one  by  one,  until  they  are  all  extirpated  from  the 
face  of  the  earth.  However,  I  wait  for  the  returns  of  the  officers 
that  commanded  the  posse  (which  will  soon  be)  to  send  orders 
to  the  sheriff  to  collect  the  fines  and  cost,  when,  if  they  con- 
tinue obstinate,  a  force  must  accompany  the  sheriff  sufficient 
to  silence  them.  I  am  not  without  hopes  that  the  consequences 
of  Church's  trial  will  have  some  good  effect  on  his  connections." 
Such  was  the  aspect  in  which  the  Governor  of  Vermont  viewed 
the  conduct  of  his  opponents. 

Hoping  to  obtain  a  remission  of  the  punishment  to  which  he 
had  become  amenable,  Church  addressed  a  petition  to  the  people 
of  Vermont  on  the  28th  of  December,  in  which  he  detailed  the 
reasons  which  had  led  him  to  return.  Knowing  well  the 
nature  of  the  risk  which  he  incurred  by  his  rashness,  he 
declared  that  his  visit  had  been  instigated  not  by  any  contempt 
for  state  authority,  but  by  "  the  tender  feelings"  natural  to  a 
parent,  who,  when  his  family  are  destitute  of  the  necessaries  of 
life  and  borne  down  by  sickness,  desires  to  relieve  their 
distresses.  He  owned  that  he  had  at  one  time  subscribed  the 
"  freeman's  oath,"  and  acknowledged  that  he  had  subsequently 
opposed  the  government  of  Vermont.  Though  studiously 
refraining  from  any  confession  of  error,  he  prayed  for  "  pardon 
and  forgiveness,"  and  that  he  might  be  "  admitted  to  his  for- 
mer freedom,  liberty,  and  privileges."  But  his  concessions, 
artful  and  non-committal,  were  ill-calculated  to  influence  the 
minds  of  Goverrnor  Chittenden  and  the  Council  in  his  favor ; 
M'^hile  the  faithlessness  to  which  he  confessed,  tended  to  lower 


478  mSTOKT   OF   EASTERN   VERMONT.  [1Y83. 

liim  in  their  estimation.  "  The  Yermonters  over  the  mountain," 
wrote  the  committee  of  Guilford,  on  the  17th  of  January,  1783, 
"  still  hold  Colonel  Church  as  prisoner ;  and  Colonel  Samuel 
Fletcher,  one  of  the  Vermont  Council,  informs  ns  that  Colonel 
Church  is  to  be  hanged."  His  prospects  had  not  improved  in 
the  beginning  of  Februaiy,  for  on  the  6th  of  that  month 
Governor  Clinton,  in  a  letter  to  Colonel  Floyd,  said  of  Church  : 
"He  is  still  held  in  close  confinement  and  threatened  with 
execution."  On  the  22d  of  the  same  month  William  Shattuck 
testified  in  an  affidavit,  that  ' '  it  was  the  intention  of  the  Ver- 
monters  to  execute  Col.  Timothy  Church,  who  was  still  in  con- 
finement in  Bennington  Gaol."  Tliough  neither  Governor 
Chittenden  nor  the  Council  would  have  dared  to  punish  the 
prisoner  with  death,  yet  they  deemed  it  of  advantage  to  pro- 
mulgate a  report  of  this  nature,  hoj^ing  thereby  to  intimidate 
others  who  were  ready  to  oppose  the  authority  of  Vermont.* 

The  resolutions  of  the  5th  of  December,  1782,  having  been 
industriously  published  throughout  the  extent  of  Vermont, 
received  from  those  who  owed  allegiance  to  that  government 
the  fullest  condemnation.  Thomas  Frink,  a  physician,  residing 
in  Keene,  l^ew  Hampshire,  in  detailing  a  conversation  which  he 
had  held  in  January,  1783,  with  Paul  Spooner,  at  that  time  the 
Deputy  Governor  of  Vermont,  declared  that  the  latter  had 
avowed  his  determination  to  support  and  defend  the  state ;  to 
execute  its  laws  peremptorily ;  to  aid  in  punishing  ofifenders ; 
and  to  act  as  heretofore  he  and  his  friends  had  done,  notwith- 
standing the  late  congressional  resolves.  To  Frink's  question 
whether  the  Vermonters  would  dare  to  put  to  death  those 
persons  whom  they  had  banished,  provided  they  should  return, 
Spooner  answered  that  the  people  had  made  laws,  and  would 
be  fools  if  they  did  not  execute  them  when  transgressed.  On 
the  16th  of  the  same  month,  Colonel  Bradley  of  Westminster, 
with  some  of  his  townsmen,  being  in  company  with  a  number 
of  men  from  Walpole  at  the  former  place,  the  anger  of  the 
party  rose  to  so  high  a  pitch,  while  discussing  the  character  of 
the  late  resolves,  that  many  of  them  "  damned  the  Congress, 
and  for  the  toast  drank  their  confusion,  and  the  health  of  King 
George  the  Third  of  England."  Bradley  then  asked  his  Wal- 
pole friends  whether  they  would  assist  the  Vermont  party  in 

*  George  Clinton  Papers  in  K  Y.  State  Lib.,  vol.  xrii.  does.  4909,  4910,  492C. 
MS.  Muster  Rolls.     Various  MSS. 


17S3.]  REPORTS'  CIRCULATED    ET   THE   TERMONTERS.  479 

case  a  continental  force  sliould  be  sent  to  enforce  the  decrees 
of  Congress.  At  the  same  time  he  declared  that  the  Yermont 
l^eople  would  resist  anv  force  which  shonld  he  sent  against 
tliem  for  that  purpose,  and  that  the  inhabitants  of  Berkshire 
county,  in  Massachusetts,  would  aid  them  in  the  struggle.  In 
language  characteristic  and  expressive,  Samuel  Robinson,  of 
Bennington,  a  leading  man  in  the  state,  remarked  that  "the 
Vermonters  are  a  Fixen  a  Pill  that  will  make  the  Yorkers  hum." 
Other  Yermonters  declared  that  "  they  would  make  Congress 
bite  their  fingers."  With  a  similar  reference  to  some  project  yet 
undefined,  Phineas  Freeman,  an  ensign  in  the  Yennont  militia, 
prophesied  in  January,  that  "  something  would  turn  up  within 
a  month  more  detrimental  to  the  Yorkers  than  anything  that 
had  ever  happened  to  them  before,"  and  added  that  "  the  York- 
ers would  not  be  so  fond  a  month  hence  of  calling  themselves 
Yorkers  as  they  had  been  heretofore."  A  deposition  of  Charles 
Phelps  confirmed  these  statements.  The  people  of  Yermont 
"are  determined  to  fight,"  said  he,  "in  opposition  to  the  resolves, 
if  any  forces  are  sent  to  impel  them  to  a  submission  thereto." 

In  "VYindham  county  the  citizens  of  Yermont  were  at  special 
j^ains  to  spread  reports  of  the  measures  they  were  prepared  to 
adopt,  should  any  demonstrations  be  made  against  them.  In 
order  to  weaken  the  cause  of  their  opponents,  they  endeavored 
to  persuade  them  that  there  was  no  honor  in  the  character  of 
Governor  Clinton ;  no  faith  in  the  promises  of  Congress ;  and 
that  Congress  possessed  no  ability  to  carry  their  resolves  into 
execution.  They  also  asserted  that  IS^ew  York  was  unable  to 
defray  the  expenses  of  her  militia  service ;  was  destitute  of  any 
legislative  acts  by  which  to  regulate  it ;  and  that  there  was  no 
provision  of  Congress  relative  to  false  imprisonment  or  banish- 
ment, which  gave  the  right  to  pass  such  decrees  as  those  of  the 
5th  of  December.  To  these  representations  they  added  threats 
of  a  nature  which  not  onl}^  excited  suspicions  unfavorable  to 
their  loyalty  to  the  American  cause,  but  implanted  in  many 
minds  the  belief  that  Yermont  would  become  a  British  province 
provided  Congress  should  endeavor  to  divide  her  territory  be- 
tween the  contending  states,  or  enforce  laws  which  she  deemed 
obnoxious  or  unjust. 

Tlie  views  of  Governor  Clinton  at  this  period  were  ill  calcu- 
lated to  lessen  the  despondency  of  the  ISTew  York  adherents. 
"  The  usurped  government  of  Yermont,"  wrote  he,  on  the  6th 
of  February,  to  Col.  Floyd,  then  in  Congress,  "  have  not,  and  I 


480  HISTOKY    OF   EASTERN    VERMONT.  [1783. 

may  venture  to  assert  will  not,  comply  with  the  late  resolutions 
of  Congress,  which  their  leaders  feign  to  treat  with  the  utmost 
contempt.  I  am  informed  they  openly  assert  that  they  have 
intimations  from  members  of  Congress,  that  notwithstanding  the 
threats  held  out  in  the  resolutions,  no  coercive  measures  will  be 
pursued  to  enforce  obedience  to  them.  By  these  means  they 
encourage  their  adherents,  who  begin  to  despond,  to  the  show 
of  resistance."  Numerous  affidavits  from  reliable  sources  con- 
firmed the  opinions  here  expressed,  and  enforced  the  conviction 
that  Congress  w^ere  powerless  to  compel  obedience  to  the  re- 
solves of  the  5th  of  December,  within  the  territory  of  the  'New 
Hampshire  Grants.  In  a  few  instances  an  opposite  sentiment 
was  entertained.  On  one  occasion  a  certain  Samuel  Warriner, 
a  Vermont  justice  of  the  peace,  declared  that  he  did  not  believe 
Vermont  could  "  stand  a  state "  unless  the  leading  men  in  her 
government  should  submit  to  the  late  determination  of  Congress. 

Unwilling  to  yield  while  the  least  chance  of  success  remained, 
the  convention  of  committees  from  the  towns  owing  allegiance 
to  Kew  York  assembled  at  Guilford  on  the  17th  of  January, 
and  appointed  Daniel  Shepardson  their  agent  and  bearer  of 
dispatches  to  Governor  Clinton.  "  "We  understand,"  said  they, 
in  one  of  the  communications  with  which  he  was  entrusted, 
"  that  the  Vermonters  do  not  intend  to  pay  any  regard  to  the 
resolutions  of  Congress,  and  we  humbly  beg  and  pray  that  the 
United  States  will  take  very  speedy  measures  that  the  resolves 
of  Congress  be  put  into  execution  ;  for  unless  they  are,  we  must 
of  necessity  fall  a  prey  to  Vermont,  and  we  would  inform  your 
honors  that  the  major  part  of  the  people  this  side  of  the  moun- 
tain will  renounce  Vermont  provided  Congress  will  protect 
them."  Referring  to  the  peculiarity  of  their  situation,  they 
acknowledged  their  inability  to  act  without  giving  offence,  and 
as  they  had  done  on  former  occasions,  so  now,  they  begged  his 
Excellency  to  point  out  to  them  that  course  of  conduct  which 
would  be  of  most  advantage  to  themselves  and  least  displeasing 
to  their  opponents. 

By  the  same  messenger  went  a  letter,  dated  the  19th  of  Ja- 
nuary, from  Henry  Evans,  one  of  the  four  against  whom  sen- 
tence of  banishment  had  been  passed,  but  who,  having  dared  to 
return  home,  was  allowed  to  remain  unmolested.  Comparing 
the  sentiments  of  the  people  of  Eastern  and  Western  Vermont, 
he  observed  : — "  I  am  credibly  informed  that  the  Vermont  au- 
tliority  over  the  mountain  holds  Congress  and  all  their  resolves 


1783.]  LETTER  OF  CHITTENDEN  TO  THE  PKESDDENT  OF  CONGRESS.       481 

iu  scorn  and  contempt.  The  Yermonters  on  this  side  the  moun- 
tain saj  thej  will  adhere  to  Congress,  though  they  should  re- 
nounce Yermont."  For  these  reasons  which  he  deemed  cor- 
rect, although,  as  far  as  the  majority  of  the  inhabitants  residing 
on  the  Connecticut  were  concerned,  they  were  unwarranted  and 
untrue,  for  these  reasons,  and  because  of  a  report  that  the  peo- 
ple in  and  about  Bennington,  Manchester,  and  Ai-lington  were 
threatening  to  make  a  hostile  incursion  for  the  purpose  of 
distressing  the  Yorkers,  he  besought  the  Governor  to  use  his 
influence  to  ensure  the  immediate  enforcement  of  the  resolves 
of  the  5th  of  December.  To  these  and  other  similar  earnest 
entreaties,  Clinton  was  unable  to  respond  fully,  both  on  account 
of  the  timidity  of  the  government  of  his  own  state,  and  because 
of  the  uncertainty  which  Congress  seemed  to  manifest  concern- 
ing their  right  to  enforce  a  compliance  with  the  resolutions. 
Although  cognizant,  by  afiidavits  and  depositions,  of  many  acts 
done  in  opposition  to  these  resolutions,  he  was  unwilling  to  send 
the  proofs  to  Philadephia,  lest  they  should  be  found  to  contain 
evidence  of  the  evil  conduct  of  individuals  only,  and  not  of  the 
government  of  the  state.  Still  he  did  not  cease  to  write  cheer- 
ingly  to  his  unfortunate  constituents,  begging  them  to  "  jDerse- 
vere  in  the  line  of  conduct  heretofore  pointed  out  to  them ;" 
prophesying  "  a  favorable  issue ''  to  their  difficulties ;  and  assur- 
ing them  that  nothing  that  might  tend  to  their  interest  should 
be  neglected  by  him.* 

The  opposition  to  the  late  action  of  Congress,  though  at  first 
manifested  only  in  the  conduct  of  individuals,  as  Clinton  had 
suggested,  was  not  long  in  assuming  a  more  authoritative  form. 
Upon  the  receipt  of  a  copy  of  the  obnoxious  resolves,  Governor 
Chittenden,  in  a  long  and  elaborate  letter  to  the  President  of 
Congress,  under  date  of  the  9th  of  January,  remonstrated 
against  the  positions  therein  taken,  and  supported  his  remon- 
strance by  reciting  the  "  solemn  engagements"  into  which  Con- 
gress had  entered  with  Yermont ;  by  quoting  from  the  letter 
which  General  "Washington  had  addressed  to  him  on  the  1st  of 
January,  1782 ;  and  by  a  method  of  reasoning  which,  if  it  was 
not  entirely  just,  was  yet  plausible  and  clever.  Referring  to 
the  transactions  which  had  led  to  the  passage  of  the  resolutions 
of  the  5th  of  December,  his  language  was  as  follows  : — "  Al- 

*  Various  MS.  Depositions,  Affidavits,  etc.,  in  office  Sec.  State  Vt.  George 
Clinton  Papers  in  K  Y.  State  Lib.,  vol.  xvii.  does.  4909,  4910,  4921,  4926.  Pa- 
pers  relating  to  Vt.  Controversy,  in  office  Sec.  State  N.  Y.,  p.  50. 

31 


482  HISTORY    OF   EASTERN    VERMONT.  [17S3. 

thongh  this  state  is  not  amenable  to  the  tribunal  of  Congress  for 
the  management  of  its  internal  police,  I,  nevertheless,  will  give 
them  a  brief  narrative  of  facts  relative  to  those  delinquents,  in 
whose  behalf  Congress,  in  their  resolutions  of  December  last, 
have  interposed.  At  the  session  of  the  General  Assembly  of 
this  state  in  February,  ITSl,  a  general  act  of  amnesty  was 
passed  in  favor  of  such  persons,  within  this  state,  who  had  pre- 
viously made  opposition  to  its  authority.  Upon  this'  they  una- 
nimously submitted  to  this  government,  and  all  opposition  to  it 
ceased  for  more  than  one  year,  when  the  Legislature  having 
ordered  a  certain  quota  of  men  to  be  raised  in  the  several  towns 
throughout  this  state,  for  the  defence  of  its  frontiers,  evil-minded 
persons  in  the  town  and  vicinage  of  Guilford,  in  the  southerly 
part  of  the  county  of  Windham,  opposed  the  raising  and  paying 
of  them ;  and  Governor  Clinton  of  the  state  of  Kew  York,  by 
letters  to  them  and  otherwise,  interfered  in  their  behalf,  which 
caused  a  second  insurrection  in  this  state ;  and  though  every 
prudent  and  lenient  measure  was  taken  by  government  to 
reclaim  the  offenders,  the^*^  proved  ineffectual.  In  the  mean 
time.  Governor  Clinton  gave  commissions,  civil  and  military, 
to  sundry  of  those  disaffected  persons,  and  they  had  the  effron- 
tery to  attempt  to  exercise  the  laws  of  the  state  of  'New  York 
over  the  citizens  of  this  state,  when  a  military  force  was,  by  the 
direction  of  this  government,  sent  to  assist  the  sheriff  of  Wind- 
ham county  in  the  execution  of  the  law^s  of  this  state  ;  and  the 
procedure  of  the  court  relative  to  the  five  criminals  who  were 
banished,  and  to  sundry  others  who  were  amerced  in  pecuniary 
fines,  was  in  due  form  of  law. 

"  The  notorious  Samuel  Ely,  who  was  ring-leader  of  the  late 
seditions  in  the  state  of  Massachusetts,  a  fugitive  from  justice, 
was  one  of  the  banished.  He  had  left  that  state,  and  was  be- 
ginning insurrections  in  this,  when  he  was  detected,  and  care- 
fully delivered  to  the  sheriff"  of  the  county  of  Hampshire,  in  the 
state  of  Massachusetts,  who,  as  I  have  been  since  informed,  has 
secured  him  in  gaol  at  Boston,  to  the  great  satisfaction  and 
peace  of  that  state.  This  same  Samuel  Ely,  Timothy  Church, 
and  William  Shattuck,  who  were  three  of  the  banished,  had 
previously  taken  the  oath  of  allegiance  to  this  state,  and  so  had 
a  greater  part  of  those  who  were  fined ;  and  every  one  of  the 
towns  in  which  they  resided,  had,  for  several  sessions  of  As- 
sembly, previous  to  their  insurrection,  been  represented  in  the 
Legislature  of  this  state."     Following  up  these  statements  by 


17S3.]  ADDRESS   OF   THE   GENERAL   ASSEMBLY.  483 

arguments  based  upon  various  congressional  enactments,  lie 
strove  to  show  that  in  the  rulers  of  Vermont  alone,  was  vested 
the  right  of  exercising  governmental  powers  within  the  bound- 
aries which  they  claimed  as  the  boundaries  of  the  state.  His 
concluding  remarks  related  to  the  question  of  the  sovereignty 
of  Vermont.  "  But  admitting,"  said  he,  "  that  Congress  have 
a  judicial  authority  to  control  the  internal  police  of  this  state, 
this  state  has  an  incontrovertible  right  to  be  heard  in  its  de- 
fence, as  a  party  (in  law),  and  should,  on  this  thesis,  have  been 
cited  by  Congress  to  a  hearing  at  their  tribunal,  previous  to 
their  having  passed  their  resolutions  of  the  5th  of  December 
last,  that  this  state  might  have  had  the  privilege  of  vindicating 
its  cause.  But  that  Congress,  at  the  special  instance  of  Charles 
Phelps  (a  notorious  cheat  and  nuisance  to  mankind,  as  far  as 
his  acquaintance  and  deahngs  have  been  extended),  should 
come  to  a  decision  of  so  important  a  matter,  ex  parte,  is  iUegal, 
and  contrary  to  the  law  of  nature  and  nations." 

Similar  in  tone,  but  more  brief  and  less  comprehensive,  was 
the  communication  to  Congress  from  the  General  Assembly  of 
Vermont,  dated  the  26th  of  February.  An  expression  of  asto- 
nishment at  flie  means  by  which  the  passage  of  the  resolves 
had  been  obtained — an  expression  resembling,  and  probably 
suggested  by,  that  employed  by  Governor  Chittenden  in  his 
letters,  served  to  point  the  closing  sentence  of  their  remon- 
strance. "  As  we  have,  from  the  commencement  of  the  war," 
wrote  they,  "  braved  every  danger  and  hardship,  against  the 
usurpations  of  Britain,  in  common  with  the  United  States  ;  as  our 
inherent  right  of  sovereignty  and  jurisdiction  stands  confessed 
upon  the  principles  of  the  revolution,  and  impKed  by  the  solemn 
transactions  of  Congress,  we  cannot  but  express  our  surprise  at 
the  reception  of  the  late  resolutions  of  Congress  of  the  5th  of 
December,  obtained  ex  parte,  and  at  the  special  instance  of  an 
infamous  person."  Such  was  the  decided  manner  in  which 
Governor  Chittenden  and  the  General  Assembly  maintained 
their  rights,  in  spite  of  the  rage  of  New  York  and  the  enact- 
ments of  Congress. 

Now  that  the  government  of  Vermont  had  declared  the  late 
resolves  obnoxious,  the  affidavits  and  depositions  which  Gover- 
nor Clinton  had  been  at  first  unwilling  to  make  public  were 
•  sent  to  Philadelphia.  Congress  became  cognizant  of  the  i^ct 
that  the  authorities  of  Vermont  not  only,  but  the  majority  of 
the  people  as  well,  were  not  to  be  subdued  by  paper  edicts  or 


484  HISTOEY    OF   EASTERN    VERMONT.  [1783. 

stern  resolves.  Chittenden  had  truly  said  that  Vermont  was 
present  in  the  disputed  district,  and  in  the  actual  possession  and 
exercise  of  power,  while  Kew  York  and  Congress  were  afar  off. 
The  significance  of  his  language  was  now  more  painfully  appa- 
rent than  all  were  willing  to  confess.* 

*  Blade's  Vt  State  Papers,  pp.  178-18Y. 


CHAPTER  XYin. 

THE    DISOEDEEED    CONDITION    OF    THE    SOUTH-EASTEEN    POETION    OF 

VEEMONT. 

Popular  impressions — Charles  Phelps  returns  home — Evans — Shattuck — Church, 
his  imprisonment — His  sufferings — His  release — Timothy  Phelps — His  attempt 
to  disperse  the  Superior  Court — Is  surrounded  and  surrenders  his  sword  of 
office — His  confinement  in  the  jail  at  Bennington — Letters  written  while  in 
prison — Maltreatment — Effects  his  release — Gov.  Clinton's  letter  to  Church — 
Social  disorder  in  Guilford — Vermont  Legislature  in  grand  committee — Result 
of  their  deliberations — Act  of  the  General  Assembly — Seizure  of  Luke  Knowl- 
ton — The  examination  of  those  engaged  in  the  seizure — Ineffectual  attempt  to 
take  Francis  Prouty — Benjamin  Carpenter  taken  by  the  Yorkers — Incidents — 
Petition  addressed  by  the  New  York  party  to  the  Government  of  Vermont — 
Gov.  Chittenden's  reply — More  depredations — Stephen  R.  Bradley's  letter  to 
the  Guilfordites — Head-quarters  of  the  state  troops  at  Brattleborough — Daniel 
Ashcraft — Attack  on  the  inn  at  Brattleborough — Oliver  Waters  taken — Re- 
taken by  Joseph  Tucker  and  his  men — ^Tucker  in  pursuit  of  Timothy  Phelps — 
Phelps  taken  at  Hadley  and  carried  off — Foray  of  the  sheriff  of  Hampshire 
county,  who  releases  Phelps — ^Tucker  and  his  party  tried  and  fined — Tucker's 
complaint. 

The  ISTew  York  party  in  Yermont,  thoiigli  reduced  to  a  mino- 
rity, were  still  unwilling  to  abandon  their  cause.  Startling 
reports  of  negotiations  between  the  Governor  and  Council  of 
Vermont  on  the  one  hand,  and  the  agents  of  the  British  minis- 
try in  Canada  on  the  other ;  the  flight  of  Luke  Ejiowlton  of 
Newfane,  and  Samuel  "Wells  of  Brattleborough,  on  the  receipt 
of  information  of  the  passage  by  Congress,  in  secret  session,  of 
a  resolution  authorizing  their  arrest  by  the  Commander-in- 
chief,  in  consequence  of  "  a  dangerous  corresj)ondence  and  in- 
tercourse" in  which  they  were  said  to  be  engaged  "  with  the 
enemy ;"  the  constant  passing  and  repassing  of  messengers  ;  the 
fact  that  passports  could  be  obtained  from  Governor  Chitten- 
den which  would  give  the  bearer  a  safe-conduct  among  the 
British  in   Canada — these   and  other   circumstances  induced 


486  HISTORY    OF   EASTERN    VERMONT.  [17S3, 

many  to  believe  that  Yermont  was  preparing  to  desert  the 
American  cause,  and  influenced  some  to  seek  protection  from 
"New  York.  In  the  town  of  Putney,  forty  of  the  inhabitants 
who  had  formerly  acknowledged  the  authority  of  the  latter  state, 
returned  to  their  allegiance.  In  a  petition  addressed  to  Gover- 
nor Clinton,  a  number  of  the  citizens  of  Hartford  and  Pomfret 
begged  that  they  might  be  considered  not  "  as  those  who  had 
rebelled  against  the  best  of  governments,"  when  the  district  of 
the  New  Hampshire  Grants  should  again  become  subject  to 
New  York.^ 

Notwithstanding  the  determined  opposition  with  which  the 
government  and  people  of  Yermont  received  the  resolves  of  the 
5th  of  December,  those  for  whose  relief  they  had  been  passed 
were  not  deterred  from  attempting  to  avail  themselves  of  the 
rights  which,  according  to  these  resolves,  they  were  entitled  to 
claim.  Depending  on  the  support  of  Congress,  a  certain  Paul 
Nichols  repaired  to  Bennington  and  endeavored  to  obtain  pos- 
session of  a  gun  and  a  quantity  of  ammunition  which  had  been 
taken  from  him  in  the  month  of  Sej)tember  previous.  But 
Samuel  Robinson,  to  whom  he  applied,  denied  that  his  property 
had  been  seized  on  the  occasion  referred  to,  and  refused  to  listen 
to  his  application. 

Determined  to  await  the  decision  of  Congress,  Charles  Phelps 
had  remained  in  Philadelphia  until  the  resolutions  had  been 
approved  of.  On  the  9th  of  December,  1782,  he  set  out  on  his 
return,  bearing  dispatches  to  Governor  Clinton.  Owing  to  a 
heavy  fall  of  snow  and  the  imj^assableness  of  the  roads,  he  did 
not  reach  Poughkeepsie  until  towards  the  close  of  that  month. 
On  arriving  at  Marlborough  in  January,  1783,  he  desired  three 
of  his  friends  to  accompany  him  and  be  present  when  he  should 
demand  the  restoration  of  his  effects.  "Whatever  his  previous 
opinion  may  have  been  concerning  the  efiicacy  of  the  resolves 
of  the  5th  of  December,  he  now  became  convinced  that  they 
would  accomplish  but  little  unless  supported  by  a  military 
force.  His  demands  were  treated  with  scorn,  and  he  found 
himself  unable  to  obtain  restitution  or  damages.  He  was  in- 
formed that  his  sword,  which  had  been  taken  from  his  son's 
bedroom,  was  in  the  possession  of  a  Dummerston  man,  who  had 
sworn  that  Phelps  should  never  "  have  it  any  other  way  "  than 
by  receiving  it  in  his  body.     He  was  also  assured  that  a  war- 

*  George  Clinton  Papers  in  N.  T.  State  Lib.,  voL  xviL  docs.  4939,  5055. 


^/^  ;^i^^?i/€. 


1TS3.]  THE  rOUK  BANISHED  TOEKEES.  487 

rant  for  his  arrest  was  now  in  the  hands  of  a  Yermout  deputy, 
and  that  he  Avas  Kable  to  be  taken  at  any  moment.  For  greater 
secm-ity,  he  left  his  home  and  family  and  took  up  his  residence 
in  Guilford,  the  stronghold  of  the  Kew  York  party.  Here  he 
remained  during  several  months,  and  to  this  town  he  often 
resorted  at  a  later  period  when  safety  counselled  conceahnent.* 

Of  the  four  Yorkers  who  had 
been  banished  from  the  state  and        <Lfx  /^ 

deprived  of  their  property,  Henry        ^^-fcpp^yid^^l^t^Jft^ 
Evans,  as  has  been  already  stated,  J 

having  dared  to  return,  was,  for 

some  reason  not  apparent,  allowed  to  remain  unmolested,  though 
he  still  preserved  his  former  views,  refused  to  submit  to  the 
claims  of  Yermont,  acknowledged  the  authority  of  New  York, 
and  maintained  a  friendly  correspondence  with  Governor  Clin- 
ton in  behalf  of  him- 
self and  his  associates. 
William  Shattuck,  af- 
ter an  absence  of  more 
than  two  months,  re- 
entered the  state  on  the 

15th  of  December,  1782,  and  there  remained  among  his  friends 
nntil  the  beginning  of  the  following  January,  when  he  received 
a  summons  from  Governor  Clinton,  desiring  his  attendance  at 
Poughkeepsie.  His  transactions  with  the  Governor  being  ended, 
he  returned  home  early  in  February,  but  had  hardly  become 
reinstated  in  his  house  when  he  was  informed  that  a  party, 
"employed  by  the  express  order  of  the  pretended  Superior 
court,  in  that  district  of  country  called  the  New  Hampshire 
Grants,"  were  on  the  alert  to  arrest  him.  He  accordingly  fled 
to  Guilford,  confident  that  the  Yermonters  could  not  raise  a 
force  on  the  east  side  of  the  mountains  sufficient  to  apprehend 
him  while  he  continued  under  the  protection  of  his  friends  in 
that  town.  But  he  did  not  remain  here  long.  Being  desirous 
of  notifying  to  Governor  Clinton  the  condition  of  himself  and 
his  friends,  he  again  visited  Poughkeepsie,  where,  on  the  22d 
of  February,  he  made  a  formal  deposition  before  Bobert  Morris 
of  such  facts  as  he  deemed  important.  A  few  days  later  he 
was  sent  with  dispatches  to  Philadelphia.     Although  a  warrant 

*  George  Clinton  Papers  in  N.  Y.  State  Lib ,  vol.  xvii.  docs.  4897,  4898,  4909, 
5009.     MS.  Depositions  of  Charles  Phelps. 


488  HISTORY    OF    EASTERN    VERMONT.  [1T83. 

for  his  arrest  was  in  the  hands  of  the  proj)er  officer,  yet  so  long 
as  he  prudently  refrained  from  rendering  himself  obnoxious  to 
the  laws  of  Vermont  by  special  acts  of  disobedience,  he  was 
allowed  to  hold  communication  with  his  family  without  being 
moletsed.* 

The  sufferings  of 
Timothy  Church,  as 
has  been  previously 
^/-         y^^        /        shown,  were  more  in 
f9<i4r^/o^      /  /XU^^^      accordance  with  the 

denunciations  with 
which  he  and  his  friends  had  been  threatened  in  the  sentence 
of  the  Superior  court.  Having  returned  to  Brattleborough  on 
the  15th  of  December,  1782,  he  was  seized  on  the  22d,  in  his 
own  house,  by  a  party  of  armed  men,  acting  under  the  author- 
ity of  Vermont,  and  taken  to  Westminster,  where  he  was 
handcuffed  and  placed  in  jail.  On  the  day  following  his  arrest 
he  was  ironed,  and  conveyed  across  the  mountains  to  Arlington. 
On  reaching  this  place  his  irons  were  removed,  but  on  being 
brought  before  Governor  Chittenden  he  was  again  shackled  by 
direction  of  that  official,  and  committed  to  the  jail  in  Benning- 
ton. For  the  first  half  week  of  his  confinement  he  was  kept  in 
irons  both  by  night  and  by  day.  During  the  four  succeeding 
days  his  irons  were  taken  off  in  the  morning  and  put  on  again 
at  evening.  Subsequently  these  restraints  were  entirely  re- 
moved. Being  regarded  with  especial  distrust,  since  by  his 
own  confession  he  had  opposed  the  officers  of  Vermont  after 
subscribing  the  "  freeman's  oath,"  a  petition,  in  which  he  beg- 
ged to  be  released,  was  viewed  with  but  little  favor  by  the 
Governor.  But  the  temper  which  it  displayed  was  regarded 
by  some  of  the  state  Council  as  a  favoi-able  indication,  and  pro- 
bably secured  for  him  milder  treatment  than  under  other  cir- 
cumstances he  would  have  received.  With  the  design  either 
of  extorting  a  large  sum  of  money  from  his  friends  for  his  ran- 
som, or  of  forcing  him  to  an  unconditional  submission,  or  of 
intimidating  others  who  might  be  inclined  to  disobey  the  laws 
of  Vermont,  a  report  was  disseminated  that  he  was  to  be  exe- 
cuted, and  he  was  advised  to  prepare  for  the  fatal  hour.  The 
currency  which  this  rumor  obtained  is  evident  from  its  frequent 

*  George  Clinton  Papers  in  N.  Y.  State  Lib.,  vol  xvii.  docs.  4909,  4910,  4941. 
MS.  Deposition, 


1783.]  rMPEISOX^klENT   OF   CIIUKCH   AXD   PHELPS.  489 

repetition  in  the  letters  written  by  various  citizens  of  Yerniont 
at  that  period. 

At  the  end  of  a  month  and  a  half  the  solitude  and  misery  of 
confinement  was  made  more  tolerable  by  the  presence  of  a  friend 
— a  political  prisoner  like  himself — and  from  that  time  until 
the  hour  of  his  release,  he  found  intelligent  sympathy  in  the 
company  of  Timothy  Phelps,  the  deposed  sheriff  of  Cumberland 
county.  Wearied  with  vain  attempts  to  propitiate  the  govern- 
ment of  Yermont,  Timothy  Church  and  Timothy  Phelps  deter- 
mined to  notify  to  Governor  Clinton  their  condition,  in  the  hope 
of  obtaining  some  relief  through  his  interposition.  Tlie  docu- 
ment in  which  they  made  known  their  situation  and  prospects 
was  dated  the  28th  of  March.  It  was  drawn  by  Charles  Phelps, 
and  aboimded  in  all  that  fulsomeness  of  diction  and  redundancy 
of  expression,  by  which  both  his  compositions  and  conversation 
were  distinguished.  Though  intended  especially  for  the  peru- 
sal of  the  first  person  named  in  the  direction,  it  was  addressed 
to  "  His  Excellency  Governor  Clinton,  His  Excellency  General 
Washington,  and  to  the  Honorable  Continental  Congress  as  the 
Supreme  Council  of  the  United  States  of  America."  Of  tlie 
various  topics  discussed  in  this  memorial — some  of  them  wholly 
irrelevant  and  many  of  them  unimportant — the  most  interesting 
to  the  prisoners  were,  without  doubt,  those  which  related  to 
their  situation  and  the  means  by  which  they  could  obtain  relief. 
The  description  of  their  condition  was  sufficiently  graphic. 
They  are  confined,  wrote  the  amanuensis,  "  in  the  nasty,  scan- 
dalous prison,  erected  by  that  detestable  and  most  rebellious 
people,  called  the  Yermonters,  in  Bennington."  In  summing 
up  the  causes  of  their  unhappine«s,  the  same  fertile  pen  declared 
it  to  be  immeasurably  disgraceful  for  them  to  be  compelled  to 
suffer  imprisonment  "from  that  vile  nest  of  detestable,  sedi- 
tious Yermonters,"  more  especially  at  that  period  "  when  the 
triumph  of  the  American  arms"  was  adding  transcendent  lustre 
"  to  the  honor,  dignity,  and  grandeur  of  the  arms  of  their  glori- 
ous allies  both  by  sea  and  land  ;  reflecting  lasting  honor  on  the 
power,  virtue,  and  courage  of  the  house  of  Bourbon ;  and  as- 
serting the  honor,  establishing  the  grandeur,  and  eternizing  the 
dignity  and  gloiy  of  his  most  Christian  majesty's  triumphant 
flag." 

Sentiments  and  words  like  these,  although  they  might  have 
been  hailed  as  patriotic  had  they  originated  elsewhere,  did  not 
serve  to  aid  those  for  whose  benefit  they  were  intended.     On  the 


490  HISTORY   OF   EASTERN   VERMONT.  [1783. 

contrary,  it  was  noticed  tliat  from  tlie  day  on  which  this  grandi- 
loquent application  was  drafted,  the  jailer  refused  to  supply 
Colonel  Church  with  food.  But  his  friends  did  not  desert  him 
in  this  emergency.  The  "  good  people  of  Guilford"  contributed 
from  their  wasted  estates  liberally  for  his  support;  and  from 
the  money  which  they  sent  him  he  was  enabled  to  supply  his 
wants  during  the  remainder  of  his  confinement.  From  the  let- 
ters which  the  prisoners  themselves  wrote  while  at  Bennington, 
it  is  clear  that  the  life  they  there  led  must  have  been  odious  in 
the  extreme.  "  Our  estates,"  said  they,  in  a  joint  communica- 
tion to  Governor  Clinton,  dated  the  lOtli  of  April,  "  our  estates 
— everything  that  we  had — are  seized  and  sold ;  our  families 
are  in  the  greatest  want ;  destruction  has  seized  our  habitations, 
and  we  are  left  by  our  masters  to  perish  in  prison.  This  has 
befallen  us  because  we  have  been  true  to  Congress,  and  faithful 
to  the  state  which  we  have  ever  been  in.  If  there  is  any  pros- 
pect of  our  being  released  from  this  stinking  jail,  we  should  be 
glad  to  know  it,  for  we  cannot  stand  it  much  longer.  We  came 
home  under  the  royal  law  of  Congress.  That  law  Yermont 
pays  no  regard  to,  and  without  speedy  help  we  shall  sicken  and 
die."  In  another  letter  to  the  same  gentleman,  dated  the  1st 
of  May,  "  It  seems  hard,"  they  wrote,  "  that  officers  of  a  sove- 
reign state,  who  have  jeoparded  their  lives  in  the  high  places 
of  the  field*  against  the  powers  of  Great  Britain,  should  be 
kept  in  close  prison  by  enemies  of  the  United  States  against 
the  royal  law  of  Congress."  Though  in  terms  like  these  they 
bewailed  their  misfortunes,  yet  they  were  not  ignorant  of  the 
conditions  on  which  release  could  be  obtained.  To  submit  to 
these  conditions  was,  however,  a  humiliation  to  which  for  a 
long  time  imprisonment  seemed  preferable — a  disgrace,  the 
indignity  of  which  was  only  to  be  incurred  when  all  hope  of 
relief  from  other  sources  had  failed. 

During  the  late  session  of  the  General  Assembly,  a  law  had 
been  enacted  on  the  24th  of  February,  intended  to  facilitate  the 
return  to  their  allegiance  of  those  who  were  desirous  of  again 
becoming  subjects  of  Yermont,  In  the  preamble  of  the  act  a 
suggestion  was  entertained,  that  some  of  those  persons  who  had 
lately  been  convicted  "  of  conspiring  and  attempting  an  invasion, 
insurrection,  and  public  rebellion"  against  the  state,  and  had  been 
banished  therefor,  were  "  penitent  and  desirous  of  returning  to 

*  Judges,  chap.  V.  v.  18. 


ITSo.]  RELEASE   OF   TIMOTHY    CIirFX'H.  491 

tlieir  duty."  To  this  was  added  a  declaration  that  the  Assembly 
were  desirous  at  all  times  of  showing  mercy,  provided  it  could 
be  done  consistently  with  the  public  safety.  On  these  grounds 
the  Governor  and  Council  "  were  fully  authorized  and  empow- 
ered," in  the  words  of  the  act,  "  upon  application  to  them  made 
during  the  adjournment  of  this  Assembly,  to  pardon  any  of  the 
said  persons  who  have  been  banished  from  this  state  by  the 
Supreme  court,  as  aforesaid,  in  as  full  and  ample  a  manner  as 
this  Assembly  could  do  if  convened."  At  the  same  session 
another  act  had  been  passed,  granting  pardon  to  Timothy 
Church  who  had  been  "found  guilty  of  treason,"  but  who  had  by 
his  own  petition  declared  his  "  sincere  and  hearty  penitence, 
and  a  determination  to  behave  orderly  and  submissive"  in  case 
he  should  receive  forgiveness.  The  condition  of  pardon  and  of 
the  remission  of  the  sentence  passed  upon  him  in  the  month  of 
September,  17S2,  was  the  payment  of  all  costs  which  had 
accrued  in  consequence  of  his  trial  and  imprisonment. 

Aware  of  these  legislative  provisions,  and  weary  of  prison 
life.  Colonel  Church  at  length  applied  for  his  release.  In  answer 
to  his  application,  Governor  Chittenden  informed  him  that,  to 
obtain  a  discharge,  he  would  be  obliged  to  give  his  bond  with 
surety  for  the  payment  to  the  treasurer  of  Vermont  of  £20  10,?, 
lawful  money  of  Massachusetts,  the  sum  due  for  costs  of  trial ; 
and  pay  £4  lis.  for  seven  weeks'  board  in  jail.  To  these  terms 
he  consented,  and  on  the  16th  of  May  left  a  prison  where  he  had 
di'agged  out  nearly  five  months  of  confinement  in  cold,  want, 
and  pain.  During  the  period  of  his  banishment,  his  family  had 
been  permitted  to  reside  upon  and  improve  his  farm,  "  by  the 
permission  and  indulgence"  of  the  state.  The  same  privilege 
was  now  accorded  to  him.  But  his  whole  estate  was  still 
regarded  as  confiscated,  and  levies  were  not  unfrequently  made 
upon  his  cattle  or  his  household  goods,  whenever  a  collection 
was  to  be  made  to  replenish  the  treasury  of  the  state.  In  a 
deposition  which  he  made  on  the  24th  of  June,  referring  to  the 
sufferings  to  which  he  had  been  subjected,  he  stated  that,  "  al- 
though no  formal  regular  charge"  had  been  exhibited  against 
him,  he  was  satisfied  that  "  the  only  cause  for  which  he  was 
apprehended  and  confined  was  his  returning  home  after  he  had 
been  banished,"  and  that  the  cause  of  his  banishment  was  the 
acceptance  of  a  commission  from  the  state  of  ISTew  York.  On 
the  same  occasion  he  affirmed  his  loyalty  in  the  most  positive 
manner,  declaring  that  he  "  never  did  acknowledge  himself  to 


492  HISTORY    OF   EASTERN    VERMONT.  [1783. 

owe  allegiance  or  subj  ection  to  the  pretended  state  of  Yermont, 
but,  on  the  contrary,  had  always,  since  the  first  attempt  to 
establish  that  pretended  state,  cl^^imed  himself  to-be  a  subject 
of  the  state  of  New  York."* 

At  the  close  of  his  imprisonment  at  Westminster,  Timothy 
Phelps  with  his  three  associates,  on  the  4th  of  October,  1Y82, 
had  been  carried  across  the  Connecticut  into  New  Hampshire, 
and  there  banished  for  ever  from  the  state  of  Yermont,  the 
penalty  to  be  death  in  case  he  should  return.  Finding  himself 
free  to  travel  anywhere  except  within  the  prohibited  district, 
Phelps  bent  his  coarse  southward,  and  on  reaching  Hadley, 
Massachusetts,  tarried  there  awhile  at  the  house  of  his  brother 
Charles,  Thence  he  proceeded  to  Norwich  landing,  Connecti- 
cut, and  was  there  residing  with  a  brother-in-law  when  he  heard 
of  the  passage  of  the  resolves  of  the  5th  of  December.  With 
full  faith  in  the  efficacy  of  their  provisions  he  returned  home  in 
the  latter  part  of  January,  1783.  The  rejoicings  of  his  family 
on  this  occasion  were  heartfelt  and  triumphant.  They  not  only 
believed  their  troubles  ended,  but  were  confident  that  their 
fortunes  were  made ;  that  the  estates  which  had  been  confis- 
cated would  be  restored ;  and  that  immense  damages  would  be 
awarded  for  false  imprisonment,  banishment,  and  threats  of 
death.  Though  it  is  hardly  possible  that  anticipations  as  bright 
as  these  could  have  met  their  full  realization  from  any  act  of  the 
people  or  government  of  Yermont,  yet  it  is  highly  probable  that 
Phelps,  had  he  remained  quietly  on  his  farm,  would  have 
suflfered  little  or  no  molestation.     But  such  was  not  his  nature. 

On  the  4th  of  February,  a  session  of  the  Superior  court  was 
held  at  Marlborough.  The  presence  of  the  judges  in  his  own 
town,  before  whom  he  had  been  tried  and  found  guilty,  and 
from  whom  he  had  received  sentence  of  banishment,  aroused 
within  the  breast  of  Phelps  that  old  feeling  of  hatred,  which 
absence  from  the  scenes  in  which  it  had  been  most  exercised  had 
tended  in  some  degree  to  abate.  Confiding  in  the  power  under 
which  he  acted,  and  completely  assured  that  no  body  of  men 
claiming  to  be  Americans  would  dare  to  disregard  the  decrees  of 
the  highest  council  in  the  United  States,  he  boldly  entered  the 
court-house  on  the  second  day  of  the  session,  armed  and  garbed 
as  a  sheriff  deriving  authority  from  the  state  of  New  York. 

*  George  Clinton  Papers,  inN.  Y.  State  Lib.,  vol.  xvii.  docs.  4951,  5009,  5066, 
6105.     Acts  Gen.  Ass.  Vt,  Feb.,  1783.     Blade's  Vt.  State  Papers,  pp.  46*7,  410. 


1783.]  ExcrriNG  scene  in  the  superiok  court.  493 

Having  reached  a  commauding  position,  he  reminded  the  court 
that  they  were  exercising  a  usurped  authority,  and  referring 
to  their  action  on  a  former  occasion  touching  himself,  demanded 
of  them  full  and  ample  restitution  for  the  injuries  he  had  sus- 
tained by  banishment,  by  the  confiscation  of  his  property,  and 
by  the  loss  of  personal  liberty.  He  then  took  from  his  pocket 
the  resolves  of  Congress,  but  had  hardly  commenced  reading 
when  he  was  interrupted  by  the  chief  judge,  the  Hon.  Moses 
Eobinson  of  Bennington,  afterwards  Governor,  who  exclaimed : 
— "  What  supercilious  arrogance  have  we  here  ?  Sherift*  take 
that  disorderly  man  into  custody!  We  are  not  subject  to  the 
authority  of  Congress  1"  Tliese  words,  pronounced  with  emo- 
tion, and  in  a  voice  corresponding  with  a  scene  so  strange  and 
unexpected,  threw  the  whole  house  into  confusion,  and  put  an 
end  at  once  to  the  business  of  the  court. 

Sharing  in  the  astonishment  which  was  visible  in  every  coun- 
tenance, and  confounded  at  the  audacity  of  the  veritable  sheriff 
of  Cumberland  county,  the  Vermont  sherifiT,  Dr.  Elkanah  Day, 
hesitated  whether  to  obey  the  order  or  not.  I^oticing  this 
indecision,  Phelps,  whose  natural  bearing  was  dignified  and 
manly,  drew  himself  up  to  his  full  height,  and  elevating  his 
powerful  voice,  commanded,  "  in  the  name  and  by  the  author- 
ity of  the  state  of  New  York,  and  of  the  Continental  Congress, 
the  unlawful  assemblage  before  him,  forthwith  to  disperse." 
The  courage  manifested  in  the  attitude  he  had  assumed,  sus- 
tained as  was  boldly  claimed  by  a  power  capable  of  making 
itself  respected,  was  not  without  its  eflect  on  the  audience. 
However  the  authorities  of  Vermont  might  despise  and  resist 
the  laws  of  New  York,  they  could  not  be  blind  to  the  fact  that 
on  many  occasions  Congress  had  been  the  sheet-anchor  of  their 
hopes,  the  promoter  of  their  welfare,  the  defender  of  their 
hearths  and  homes.  For  a  moment,  reflections  like  these 
seemed  to  pervade  the  thoughts  of  all  present.  The  Vermont 
sheriff,  as  he  stood  confronting  the  man  who  claimed  his  title 
and  office,  seemed  perplexed.  At  this  juncture  the  voice  of 
Judge  Kobinson  was  again  heard : — "  Sheriff,  do  your  duty ! 
Imprison  the  con^dcted  traitor !"  Commanding  the  populace 
to  render  their  assistance  in  case  he  should  require  it,  Dr.  Day 
drew  his  sword  of  ofiice  and  prepared  to  make  the  arrest. 
Phelps  seeing  that  resistance  would  be  useless,  that  popular 
feeling  was  against  him,  and  that  there  were  none  present  to 
support  him  in  case  he  should  attempt  his  own  defence,  quietly 


494  HISTOKY    OF   EASTERN   VERMONT.  [1783. 

awaited  the  result.  The  sheriff  approached.  "  What  is  your 
will,  sir  ?"  demanded  Phelps,  as  he  laid  his  hand  on  the  hilt  of 
his  sword.  "You  are  my  prisoner,  disarm  yourself!"  replied 
the  sheriff.  While  engaged  in  unbuckling  his  sword-belt, 
Phelps  turned  towards  the  crowded  assemblage  and  said,  "  Fel- 
low-citizens of  Cumberland  county,  your  sheriff  is  deserted  ;  his 
lawful  authority  is  disobeyed  ;  I  yield  to  brute  force."  Ad- 
dressing, then,  the  officer,  he  reminded  him  that  the  usurped 
authority  under  which  he  acted,  would,  in  all  probability,  be 
of  short  duration ;  that  Congress  were  willing,  ready,  able,  and 
had  pledged  their  honor  to  execute  their  decrees ;  and  that  a 
terrible  retribution  for  the  deeds  of  that  day  would  soon  over- 
take him  and  the  masters  he  served.  With  these  sentiments 
on  his  lips,  Phelps  placed  the  hilt  of  his  sword  in  the  hand  of 
his  opponent,  and  yielded  himself  a  prisoner. 

While  the  sheriff"  was  bearing  him  off,  the  populace,  the  ma- 
jority of  whom  were  his  near  neighbors,  followed  in  disorderly 
procession.  Though  up  to  this  hour  they  had  been  in  the  daily 
practice  of  interchanging  with  him  the  civilities  of  friendship  ; 
though  many  of  them  had  often  received  assistance  and  kind- 
ness at  his  hands  ;  though  some  were  even  then  living  on  farms 
which  they  had  obtained  by  his  aid — forgetting  these  favors, 
they  were  now  foremost  in  heaping  condemnations  upon  him, 
on  account  of  his  ix)litical  offences.  As  they  crowded  around 
him,  they  gazed  at  him  with  the  same  sort  of  curiosity  in  their 
looks  and  actions,  as  they  would  have  shown  had  he  been  a 
chained  lion,  just  taken  ft-om  the  forest,  whom  his  keej^ers  were 
conveying  to  his  cage.  Until  a  decision  should  be  made  as  to 
his  future  treatment,  Phelps  was  placed  in  the  guard-house  at 
Marlborough.  Opinions  were  various  as  to  the  course  which 
should  be  pursued  towards  him.  By  some  he  was  adjudged 
guilty  of  death,  since  he  had  rendered  himself  liable  to  the 
penalty  denounced  against  him  in  case  he  should  return.  There 
is  a  tradition  that  he  was  even  sentenced  to  be  hung ;  that  he 
was  informed  by  those  who  came  to  visit  him  that  his  doom  was 
fixed  ;  that  the  rabid  language  of  the  multitude,  which  he  was 
compelled  to  hear,  justified  the  sacrifice  that  was  to  be  made; 
and  that  the  reflections  natural  to  one  placed  in  a  condition  so 
solemn  as  was  his,  were  disturbed  by  the  sounds  which  echoed 
from  the  blows  of  the  workmen  as  they  fashioned  in  the  jail- 
vard  the  sallows  on  which  the  traitor  was  to  die. 

Happily  for  all  parties,  gentler  counsels  prevailed.     Prudence 


1783.]  SUFFERINGS    OF   TIMOTHY    PHELPS.  495 

or  liumanity  dictated  anotlier  course.  Before  the  court  had 
closed  their  session,  the  sheriff  received  an  order  "  to  transport 
Timothy  Phelps,  by  the  nearest  and  most  convenient  route,  to 
Bennington  jail,  and  commit  him  to  the  keeper  thereof,  to  await 
the  further  order  of  the  law  in  his  behalf."  He  remained  dur- 
ing the  rest  of  the  week  at  Marlborough,  under  the  care  of  a 
guard  of  armed  naen,  who  at  the  end  of  that  time  escorted  him 
across  the  mountains,  and  on  the  11th  of  February  lodged  him 
in  Bennington  jaiL  Thus  was  Timothy  Phelps,  in  the  dead  of 
a  Yermont  winter,  incarcerated  in  a  cold  and  cheerless  prison 
with  common  felons.  He  was.  not,  however,  entirely  deprived 
of  sympathy.  In  tlie  company  of  his  friend  and  fellow-sufferer, 
Timothy  Church,  he  passed  many  an  hour  which  would  other- 
wise have  been  devoted  to  the  most  mournful  reflections.  Be- 
ing permitted  to  maintain  a  correspondence,  he  beguiled  his 
moments  by  writing  to  his  family,  and  to  others  whom  he  be- 
Heved  interested  in  his  condition.  From  the  first  letter  which  he 
wrote,  jointly  with  Col.  Church,  to  Governor  Clinton,  and  from 
the  petition  drawn  by  his  father,  Charles  Phelps,  which  accom- 
panied it,  extracts  have  been  already  given.  Anotlier  commu- 
nication from  the  pen  of  the  latter  gentleman  in  behalf  of  the 
prisoners,  bearing  date  the  8th  of-^ ^',11,  shows  that  Church  was 
not  alone  in  being  thrown  upon  his  friends  for  support.  "  My 
son  has  again  sent  to  me  for  more  money  to  subsist  himself  upon 
in  prison ;"  wrote  Charles  Phelps,  "  how  I  can  get  it  I  know  not." 
It  is  from  the  letters  of  Timothy  Phelps  himself,  however,  that 
a  true  idea  may  be  formed  of  hi^  condition  while  in  the  jail  at 
Bennington.  "  You  must  excuse  my  scrawl  for  I  wrote  it  on  my 
knee,"  he  remarked  at  the  close  of  a  letter  to  Governor  Clinton, 
dated  the  1st  of  May.  "  I  meet  Avith  insult  on  insult,"  wrote 
he  in  another  portion  of  the  scrawl.  "  Yermont  authority  have 
seized  and  sold  all  my  goods,  chattels,  and  estate,  and  they 
keep  me  close  confined  in  jail  without  any  kind  of  support. 
My  money  is  all  gone,  and  I  live  upon  the  charity  of  my 
friends.  My  family  are  put  to  the  greatest  straits.  My  health 
decays,  and  when  hot  weather  comes  I  don't  know  what  I  shall 
do.  The  officers  of  Yermont  tell  me  that  I  shall  be  in  jail  to 
all  eternity  unless  I  petition  to  their  Governor.  I  tell  them  I 
will  see  them  all  damned  before  I  will,  without  Congress  sliall 
make  them  a  state.  It  is  to  my  own  masters  I  stand  or  fall." 
Proving  thus  his  loyalty  both  by  his  words  and  his  deeds,  he 
besought  Clinton  to  inform  him  whether  there  was  any  proba- 


496  HISTORY   OF   EASTERN   VERMONT.  [1783. 

bility  that  Congress  would  make  any  exertions  to  enforce  tlie 
"  royal  law  "  of  the  5th  of  December  last,  trusting  to  which  he 
had  returned  in  spite  of  the  sentence  of  banishment  which  had 
been  passed  upon  him.* 

In  a  subsequent  communication,  he  again  reminded  Governor 
Clinton  of  the  losses  he  had  sustained,  and  of  the  privations  he 
was  enduring  in  consequence  of  his  attachment  to  'New  York. 
Then  i-eferring  to  the  last  attempt  that  Congress  had  made  to 
relieve  the  subjects  of  that  state,  he  exclaimed: — "If  the  au- 
thority of  thirteen  sovereign  states  cannot  put  one  law  in  force 
so  just  as  this  is,  too — a  law  built  on  holy  writ — the  Lord  have 
mercy  on  them  !"  "  I  am  in  a  much  worse  situation,"  he  added, 
"  than  Col.  Church  was.  They  have  ruined  and  undone  me, 
and  now  they  seek  my  life  to  take  it  away.  I  cannot  consis- 
tently with  my  oath  do  anything  towards  petitioning  the  autho- 
rity of  Yermont,  before  I  hear  from  my  Governor.  Therefore, 
if  there  is  no  beam  of  hope  that  Congress  will  ever  put  that  law 
in  force,  I  wish  I  might  know  it.  Then  the  world  will  know 
that  the  authority  of  Thomas  Chittenden,  Esquire,  is  above  that 
of  all  the  rest  of  America." 

Tlie  meat  which  Phelps  was  compelled  to  eat  was  that  which 
had  been  condemned  as  unfit  for  others.  The  cruelty  of  the 
treatment  he  experienced,  and  the  loathsomeness  of  the  prison, 
reduced  him  to  "  a  low,  languishing,  and  sickly  condition," 
which  led  him  to  apprehend  that  death  would  soon  put  an  end 
to  his  troubles.  Not  content  with  subjecting  their  prisoner  to 
the  rigors  of  cold,  hunger,  and  confinement,  some  of  his  more 
thoughtless  persecutors  often  amused  themselves  by  reviling 
Congress,  and  cursing  the  troops  of  the  United  States  in  his 
presence,  for  the  purpose  of  engaging  him  in  an  argument. 
On  one  occasion  the  sherifi*  of  Bennington  county  came  to  him 
in  the  dead  of  night,  and  told  him  he  was  to  be  hanged  in  three 

*  The  letter  from  which  the  above  extracts  have  been  made,  -was  found  by 
John  D.  Fonda,  at  a  town-meeting  in  "  Hoosick  District,"  a  few  days  after  it  was 
written,  "  passing  from  hand  to  hand,"  and  was  by  him  forwarded  to  its  destina- 
tion. In  the  note  which  he  sent  with  it,  dated  May  8th,  1783,  he  said  : — "  A  few 
days  ago  I  sent  some  money  to  Col.  Church,  understanding  his  necessity  in  gaol, 
and  I  believe  the  within  letter  was  meant  to  be  given  to  me  to  send  to  your 
Excellency.  The  prisoners  not  only  receive  hard  usage  and  threats,  but  are 
sometimes  thirty-six  hours,  as  I  hear,  without  anything  to  satisfy  their  craving 
appetites.  I  would  have  gone  myself  to  see  the  gentlemen,  but,  to  tell  your 
Excellency  the  truth,  it  is  not  safe  for  me  to  go  to  the  gaol  to  support  them." 
George  Clinton  Papers  in  N.  Y.  State  Lib.,  vol.  xvii.  doc.  5042. 


1783.]  CH.UIACTERISTIC    CONDUCT    OF   ETHAN    ALLEN.  497 

or  four  days.  "  I  am  surprised,"  remarked  Phelps  with  compo- 
sure, "  that  you  should  presume  to  execute  the  high-sheriff  of 
the  county  of  Cumberland,  in  the  state  of  New  York,  which  is, 
by  the  grace  of  God,  free  and  independent."  Tliis  answer 
enraged  the  Yermont  sheriff,  and  a  violent  discussion  ensued, 
which  ended  in  a  repetition  of  the  threat  with  which  the  con- 
versation had  begun — a  threat  intended  only  to  frighten.  Hop- 
ing to  obtain,  at  least,  temporary  relief,  Phelps  reminded  Judge 
Robinson  of  the  disregard  paid  to  the  resolves  of  Congress  by 
the  very  cruelty  with  which  he  was  treated.  But  the  Judge 
informed  him  that  he  looked  upon  Congress  with  the  utmost 
disdain,  and  asked  him  how  he  could  suppose  the  people  of 
Yermont  could  do  otherwise  than  coincide  in  this  sentiment. 

During  his  confinement  he  was  sometimes  visited  by  Ethan 
Allen,  whose  tyrannical  manner,  always  unpleasant,  was  parti- 
cularly distasteful  to  the  imprisoned  official  of  Cumberland 
county.  With  his  accustomed  oath,  as  familiar  to  his  lips  as 
"  By  the  Eternal"  is  said  to  have  been  to  the  lips  of  Jackson, 
Allen  would  often  swear  before  him  that  "  he  would  march 
into  Albany  with  his  Green  Mountain  Boys,  and  set  up  and  be 
absolute  monarch  of  all  America."  His  language  on  other 
occasions  was  mingled  with  that  bitter  sarcasm  so  peculiar  to 
himself,  and  so  forcible  when  he  chose  to  employ  it.  "  Con- 
gress cannot  release  you,"  said  he  to  Phelps  ;  "  I  swear  they 
can't."  "  I  have  written  largely,"  he  continued,  "  concerning 
the  rights  of  Yermont  in  books  that  have  been  published  to  the 
world,  and  I  have  also  wiitteu  a  remonstrance  against  these 
resolves  of  Congress.  All  tlie  world  knows  that  Congress  can't 
break  up  states,  much  less  this  state  which  is  the  oldest  in 
America."  "  You  have  called  on  your  god  Clinton,"  he  added, 
in  a  manner  as  taunting  as  was  that  employed  by  Elijah  towards 
the  prophets  of  Baal,  "  you  have  called  on  your  god  Clinton  till 
you  are  tired.  Call  now  on  your  god  Congress,  and  they  wull 
answer  you  as  Clinton  has  done." 

Spring  had  passed,  the  summer  had  begun,  and  the  suffer- 
ings of  Phelps,  whose  condition  would  have  been  comparatively 
comfortable  had  he  been  ti^eated  like  a  common  prisoner,  had 
become  almost  intolerable.  Allen  had  counselled  him  to  apply 
to  Governor  Chittenden  for  relief,  and  the  silence  of  Governor 
Clinton,  of  whom  Phelps  had  asked  advice,  was  construed  as 
favoring  this  course.  At  this  juncture  he  was  visited  by  his 
wife,  who,  with  her  infant  six  weeks  old,  and  her  brother  a  boy 

32 


498  HISTOKY    OF   EASTEKN   VERMONT.  [1TS3. 

of  sixteen,  had  crossed  the  mountains  on  horseback  for  the  pur- 
pose of  effecting  the  liberation  of  her  husband.  The  appeal 
which  she  made  to  Dr.  Joseph  Fay,  in  behalf  of  the  prisoner, 
was  not  without  effect.  "  Let  him  now,"  said  the  Doctor, 
"  abandon  those  who  have  abandoned  him ;  adhere  to  the  laws 
emanating  from  an  authority  able  and  willing  to  protect  him ; 
and  give  us  his  word  of  honor  that  he  will  do  so,  and  he  may 
be  assured  that  he  wiU  thereupon  be  liberated  from  prison  and 
protected  in  his  rights."  Having  determined  to  obtain  his  re- 
lease, if  possible,  Phelps  presented  to  the  Conncil  of  Vermont, 
who  were  then  convened  at  Arlington,  a  petition  in  which  he 
l^rayed  to  be  discharged  from  the  sentence  of  the  court  which 
had  been  passed  upon  him  in  September  last,  and  promised 
'•  alleo-iance  and  obedience "  to  the  laws  of  the  state.  The 
Council  required  him  to  pay  the  costs  of  the  trial  which  had 
resulted  in  his  imprisonment,  together  with  the  charges  arising 
from  his  commitment  and  support,  and  to  give  a  bond  with 
large  security  for  his  good  behavior.  With  these  terms  he 
complied  on  the  24th  of  June,  and  thus  was  ended  an  imprison- 
ment wdiose  effects,  both  on  the  body  and  the  mind  of  the  suf- 
ferer, ceased  only  with  his  life.* 

On  the  15th  of  June,  Charles  Phelps  was  informed  that  a 
number  of  the  people  of  Vermont  were  coming  with  an  armed 
force  to  seize  him  and  others,  with  the  intention  of  confining 
them  in  the  jail  at  Bennington.  To  avoid  the  danger  he  fled 
to  Poughkeepsie,  and,  in  a  deposition  drawn  by  Governor  Clin- 
ton, declared  his  belief  that  there  was  a  plan  on  foot  to  arrest  a 
number  of  the  principal  persons  opposed  to  "  the  pretended 
state,"  in  order  that  the  collection  of  Vermont  taxes  might  be 
rendered  more  easy.  On  the  same  occasion,  Timothy  Church 
committed  to  writing  an  account  of  the  indignities  he  had  been 
compelled  to  suffer.  As  a  result  of  the  information  thus  com- 
municated. Governor  Clinton,  on  the  24th  of  June,  addressed  to 
the  latter  gentleman,  who  was  about  to  return  to  Cumberland 
county,  a  letter  of  advice  in  these  words  : — 

"  In  consequence  of  the  comnnmications  which  have  been 
made  to  me  by  Mr.  Phelps  and  yourself,  with  respect  to  the 
present  situation  of  the  subjects  of  this  state  in  Cumberland 


*  MS.  Narrative  of  the  Phelps  Family.  :MS.  Deposition  of  T.  Phelps,  Feb'y  '7tli, 
1784.  Records  of  Vt.  Council.  George  Clinton  Papers  in  N.Y.  State  Lib.,  vol. 
xvii.  docs.  4939,  5009,  5042,  5066. 


17S3.]  Clinton's  letter  to  timothy  ciiuecii.  409 

county,  and  the  dangers  which  they  appear  to  be  threatened 
with,  I  would  advise  you  in  case  of  an  attempt  by  the  usuq)ed 
government  of  Yermont  to  compel  obedience  and  submission 
from  any  persons  claiming  to  be  subjects  of  this  state,  to  call 
out  your  regiment  under  the  militia  law,  and,  by  opposing  force 
to  force,  endeavor  to  quell  the  insurrection :  and  if  any  of  tlie 
inhabitants  professing  to  be  subjects  of  this  state  should  be 
made  prisoners  by  the  authority  of  the  usurped  government,  I 
would  advise  you  to  retaliate  by  taking  as  many  of  the  insur- 
gents, and  detaining  them  under  secure  conduct  as  hostages, 
until  the  matter  can  be  represented  to  Congress.  In  order  that 
you  may  be  prepared  to  defend  yourselves  against  these  vio- 
lences, it  now  becomes  your  duty  particularly  to  see  that  your 
regiment  is  properly  provided  and  equipped  with  arms  and 
ammunition,  agi'eeable  to  the  directions  of  the  militia  law.  I 
would,  at  the  same  time,  again  impress  you  with  the  propriety 
of  still  strictly  observing  the  resolutions  of  Congress,  recom- 
mending peace  and  forbearance,  and  that  you  in  nowise  be  the 
aggressors,  and  would  earnestly  advise  you  to  use  ever}^  pacific 
mean  consistent  with  the  obligation  of  allegiance  to  this  state, 
for  preventing  matters  from  being  brought  to  a  decision  by 
arms,  and  that  in  no  instance  you  recur  to  force,  unless  yrmr 
persons  or  properties  are  in  certain  immediate  danger.  Taking 
due  care  at  the  same  time  to  guard  against  surprise,  I  shall 
take  the  earliest  opportunity  of  transmitting  to  Congress  the 
depositions  of  yourself  and  Mr.  Phelps,  informing  of  the  treat- 
ment you  and  Mr.  Timothy  Phelps  have  received  from  the 
usurped  government,  and  I  have  no  doubt  that  Congress  will 
discover  the  necessity  of  their  immediate  interference  for  your 
relief  and  protection,  agreeable  to  the  public  faith  solemnly 
pledged  in  their  resolutions. 

"  From  the  communications  made  to  me  by  the  delegates 
of  this  state,  I  have  reason  to  believe  that  if  tlie  attention  of 
Congress  had  not  been  necessarily  diverted  from  the  subject, 
first  by  the  deranged  state  of  our  public  affairs,  and  after- 
wards by  the  great  event  of  a  peace,  they  would  ere  this 
have  taken  measures  for  enforcing  obedience  to  their  re- 
solutions, and  have  determined  as  to  the  boundaries  of  the  state. 
And  I  flatter  myself  the  question  will  very  soon  be  resumed 
and  decided. 

"  There  are  many  considerations  which  I  foi-bcar  repeating, 
and  which  should  induce  us  to  rest  the  determination  of  this 


500  HISTORY   OF   EASTERN   VERMONT.  [1783. 

matter  with  Congress,  in  whose  justice  we  ought  to  have  the 
fullest  confidence,  and  who  can  command  the  force  of  the 
United  States  to  carry  their  decisions  into  effect."* 

Such  was  the  language  in  which  Governor  Clinton  endea- 
vored to  relieve  the  despondency  of  men,  who,  like  Church  and 
the  Phelpses,  were  daily  subjected  to  indignities  or  derision  on 
account  of  their  loyalty  to  New  York. 

During  the  summer  of  1Y83,  although  no  outbreaks  worthy 
of  especial  note  occurred  between  the  two  parties,  yet  their  sus- 
picions of  one  another  increased  daily.  In  Guihbrd  the  York- 
ers held  the  power  and  prevented  the  Vermonters  from  execut- 
ing their  laws  and  collecting  taxes.  But  this  exercise  of  author- 
ity did  not  prevent  the  Vermonters  from  maintaining  a  cor- 
respondence with  the  state  government.  By  means  of  commit- 
tees, the  Council  were  informed  of  the  movements  of  the  oppos- 
ing party,  and  a  knowledge  of  this  communication  served  as  a 
partial  check  upon  the  conduct  of  the  Yorkers.  The  result  of 
such  a  condition  of  affairs  was  mutual  terror  and  distrust. 
Arms  were  carried — by  the  bold  openly  for  assault  when  oppor- 
tunity offered,  by  the  timid  secretly  for  defence  when  necessity 
compelled.  Houses  were  divided — the  father  upholding  the 
jurisdiction  of  New  York,  the  sons  maintaining  the  supremacy 
of  Vermont.  Friendships  the  most  intimate  were  disturbed. 
The  word  neighbor  carried  no  meaning  with  it  beyond  the  idea 
of  contiguity.  The  ])hysician  could  not  visit  his  patient  in 
safety  unless  protected  by  a  pass.  The  minister  of  the  gospel 
failed  to  enforce  the  doctrine  of  Christian  charity  on  the  hearts 
of  men  who  knew  none  for  one  another.  Letters  from  Governor 
Chittenden  were  circulated  by  the  one  party,  denouncing  the 
severest  retribution  upon  those  who  should  disregard  the  laws 
of  Vermont.  Words  of  encouragement  issuing  from  Governor 
Clinton  were  repeated  by  the  other  party  with  great  unction, 
and  better  times  were  prophesied  when  Congress  should  enforce 
the  claims  of  New  York.  Handbills,  inflamnuitory  in  nature 
and  unconciliatory  in  spirit,  were  posted  on  tavern,  and  on 
dwelling,  and  on  fence  ;  were  seen  peering  from  the  pockets  of 
sturdy  farmers ;  and  were  thrust  under  doors  at  night  to  be 
picked  up  and  read  in  the  morning.  Social  order  was  at  an 
end.  The  farm  and  the  workshop  were  neglected.  But  for  the 
mutual  suspicion  that  lurked  in  every  eye  and  burned  for  utter- 

*  George  Clinton  Papera  in  N.  Y.  State  Lib.,  voL  xvii.  docs.  5104,  6105,  5106. 


1TS3.]        KESOLUTE   ATTITUDE   OF   THE   NEW    YOKK    PARTY.  501 

ance  on  every  tongue,  one  would  have  supposed  that  an  Indian 
force  was  expected,  as  in  earlier  times,  that  had  vowed  to 
ravage  the  fields,  burn  the  village,  and  murder  the  people. 
Sometimes  the  Vermont  authorities  would  determine  to  arrest 
a  "  violent  Yorker,"  A  scene  of  confusion  would  ensue  resem- 
bling the  beginning  of  a  civil  war.  The  pay-rolls,  which  are 
still  preserved,  bear  witness  to  the  frequency  of  the  calls  made 
upon  the  soldiery  on  both  sides  of  the  mountains  to  "  go  on  an 
expedition  to  assist  the  sheriff  in  Windham  county." 

The  resistance  of  the  New  York  party  had  now  assumed  a 
form  so  determined,  that  the  government  of  Vermont  were 
convinced,  that,  unless  speedy  and  stringent  measures  were 
taken,  results  would  follow  which  might  be  fatal  to  the  well- 
being  of  the  state.  At  the  autumnal  session  of  the  Legislature, 
the  condition  of  the  state  was  the  principal  topic  of  discussion. 
To  ascertain  the  views  of  all  to  whom  the  administration  of  the 
government  had  been  entrusted,  the  Governor,  the  Council,  and 
the  General  Assembly  united  in  grand  committee  on  the  22d 
of  October,  and  in  this  capacity  held  a  long  and  serious  consul- 
tation. Forcible  resistance  was  deemed  the  only  remedy  M'hicli 
could  be  applied  with  any  hope  of  success,  and  the  measures 
recommended  were  consequently  of  this  nature.  The  report  of 
the  committee  was  readily  adopted  by  the  General  Assembly, 
and  an  act  was  passed  for  "  the  purpose  of  raising  one  hundred 
able,  effective  men  to  assist  the  civil  authority  in  carrying  into 
execution  the  law  in  the  southern  part  of  the  county  of  Wind- 
ham." In  the  preamble  of  this  act  it  was  stated  that  a  number 
of  persons  living  in  the  southern  part  of  the  aforesaid  county, 
had  banded  together  "  to  oppose  sheriffs,  constables,  and  col- 
lectors in  the  due  execution  of  their  offices,"  and  in  many 
instances  had  proceeded  to  "outrageous  abuses"  which  threat- 
ened the  ruin  of  government  unless  speedily  remedied. 

The  command  of  this  special  comjDany  of  state  troops  was 
entrusted  to  Col.  Benjamin  Wait;  and  to  him  and  to  Brig.- 
Gen.  Samuel  Fletcher  power  was  given  to  discharge  the  new 
levies  within  the  six  months  for  which  they  were  to  be  enlisted, 
provided  they  should  have  accomplished  the  end  desired  before 
the  close  of  that  period.  Tliey  were  required  to  furnish  them- 
selves with  arms,  but  the  commissary-general  was  directed  to 
supply  them  with  ammunition,  provisions,  and  "  spirituous 
liquor."  In  the  subsequent  deliberations  of  the  grand  com- 
mittee it  was  distinctly  asserted  that  the  intention  of  govern- 


502  HISTORY    OF    EASTERN    VERMONT.  [1783. 

ment  was  not  "  to  be  severe "  with  those  who  had  heretofore 
opposed  the  laws  of  Yermont,  provided  they  should  now  become 
citizens  of  the  state.  Colonel  Wait  was  accordingly  directed 
to  issue  special  orders  to  his  men,  not  to  meddle  with  the  person 
or  property  of  any  who  should  quietly  submit.  Tlie  committee 
also  announced  that  those  who  should  voluntarily  yield,  and 
take  the  oath  of  allegiance  to  the  state,  should  not  be  prose- 
cuted on  the  part  of  the  freemen  of  the  state,  until  the  rising  of 
the  next  session  of  the  Legislature,  and,  in  addition  to  this  con- 
cession, engaged  at  that  time  to  pass  an  act  of  pardon  in  their 
favor,  in  case  they  should  petition  for  forgiveness.  At  the  same 
time  the  comndttee  notified  their  intention  of  using  their  influ- 
ence to  persuade  the  Governor  and  Council  to  remit  the  fines 
which  had  been  previously  levied  on  the  Yorkers.  In  closing 
their  consultation,  they  declared  that  the  only  way  in  which 
those  who  had  sustained  losses  by  confiscation  could  receive 
remuneration,  was  by  submitting  to  government  and  asking 
compensation  of  the  Legislature.* 

In  contbrmity  with  the  spirit  exhibited  in  the  conciliatory 
portion  of  the  deliberations  of  the  grand  committee,  the  Gene- 
ral Assembly,  in  a  formal  resolution  passed  on  the  23d, 
requested  Governor  Chittenden  to  issue  his  proclamation, 
off'ering  a  free  and  ample  pardon  to  all  persons  resident  in  the 
southern  part  of  Windham  county,  who,  having  heretofore 
opposed  constituted  authority,  should  now  take  the  oath  of 
allegiance  before  any  Justice  of  the  peace,  within  thirty  days 
after  the  promulgation  of  the  oifer  of  forgiveness.  On  the 
same  day  an  act,  displaying  a  difterent  temper,  was  passed  by 
the  General  Assembly,  "  to  prevent  the  inhabitants  of  iN'ew 
York  being  allowed  greater  privileges  within  this  state  than 
the  inhabitants  of  this  state  are  allowed  within  the  state  of 
ISTew  York."  By  this  act  it  was  settled  "  that  no  person  or 
])ersons,  being  an  inhabitant  or  inhabitants  of,  or  residing  within 
the  jurisdiction  of  the  state  of  New  York,  shall,  within  the 
time  of  his,  her  or  their  residence  as  aforesaid,  commence  any 
suit  or  suits  at  law,  within  the  jurisdiction  of  this  state,  against 
any  inhabitant  or  resident  thereof,  for  any  civil  matter  or  con- 
tract, until  tlie  Legislature  of  said  state  of  New  York  shall 
allow  the  inhabitants  of  this  state  full  liberty  to  commence  the 

*  Thompson's  Vt.  Gazetteer,  pp.  142,  143.  MS.  Report  of  Grand  Committee, 
Oct.  22(1,  1783.     Blade's  Vt.  State  Papers,  pp.  476,  477. 


1783.]  AHEEST   OF    KNOWLTON    BY   THE    YORKEES.  503 

like  suits  witliin  tlieir  iurisdiction,  and  without  any  such  lets 
or  hindrances."*  Upon  the  majority  of  the  Yorkers  these 
measures — some  of  them  defiant,  others  protective,  and  still 
others  persuasive — tended  to  produce  an  effect  contrary  to  that 
■svhich  had  been  expected.  Opposition  served  to  unite  them, 
and  until  they  should  find  defeat  inevitable  they  resolved  to 
withstand  the  execution  of  laws  originating  in  an  authority 
which  they  did  not  acknowledge.  At  the  same  time  they 
were  equally  determined  to  pursue  such  a  ceurse  on  other 
occasions,  as  they  should  deem  best  calculated'  to  promote  the 
interests  of  New  York  and  of  the  United  States.f 

Owing  to  the  part  which  they  had  borne  in  the  negotiations 
which  Yermont — not  only  for  her  own  safety  as  a  state,  but 
also  as  a  supporter  of  the  cause  of  America — had  been  com- 
pelled to  carrj^  on  with  the  British  in  Canada,  Luke  Knowl- 
ton  and  Samuel  Wells  had  been  suspected  of  being  in  the 
service  and  pay  of  the  enemy.  For  this  reason  Congress,  in 
secret  session,  had  on  the  27th  of  Xovember,  1782,  ordered 
their  arrest.  But  they,  having  received  notice  of  the  order, 
had  escaped  before  the  officer,  sent  to  take  them,  could  arrive. 
A  year  had  passed  since  the  occurrence  of  these  transactions, 
and  Knowlton,  having  returned'  home,  was  now  residing  at 
Newfane.  Many  of  the  Yorkers  still  supposed  him  to  be 
in  league  with  the  British,  and  for  this  reason  were  desirous  of 
securing  him,  or  of  removing  him  to  some  other  state.  With 
this  intention,  Francis  Prouty,  Thomas  Whipple,  and  Jonathan 
Dunkley  of  Brattleborough,  John  Wheeler  and  Darius  Wheeler 
of  ISTewfane,  and  a  number  of  others,:}:  being  armed,  as  was 
represented,  with  "  clubs,  guns,  swor(Js,  pistols  and  bayonets," 

*  Slade's  Vt.  State  Papers,  p.  475. 

f  The  annexed  extract  from  a  ne^yspape^  published  at  tliis  period,  contains  a 
brief  account  of  the  submiBsicm  of  the  citizens  of  Halifax  to  the  authority  of 
Vermont.  The  course  pursued  by  them,  was  the  reverse  of  that  adopted  by 
many  of  their  neighbors. 

"  Windsor,  Vermont,  December  8,  [1783.]  Advices  from  the  lower  part  of 
Windliam  county  mention  that  the  inhabitants  of  the  town  of  Halifax,  who 
have  heretofore  refused  to  support  tlie  authority  of  Vermont,  and  acted  in 
opposition  to  its  government,  have  lately  come  in  almost  to  a  man,  taken 
the  oath  of  allegiance,  discharged  their  arrearage  taxes,  and  appear  desirous  to 
assist  in  quelling  those  disturbers  of  the  public  peace,  who  have  long  infested  the 
soutliern  part  of  this  state." — Boston  Evening  Post,  Saturday,  January  3d,   1784. 

X  David  Howe,  Samuel  Noble,  Ephraim  Knapp,  Ephraim  Rice,  Jonathan  Stod- 
dard, Isaac  Kendall,  and  Isaac  Crosby  were  participators  in  the  seizure. — MS 
Court  Records. 


504:  HISTOKY    OF   EASTERN    VERMONT.  [1783. 

assaulted  his  house  about  two  o'clock  on  the  morning  of  the 
16th  of  November,  1783,  and,  having  made  a  forcible  entrance, 
took  him  prisoner,  conveyed  him  across  the  line  of  the  state 
into  Massachusetts,  and  there  left  him.  As  soon  as  the  seizure 
of  Knowlton  had  transpired,  Brig.-Gen.  Fletcher  gave  orders 
for  the  military  to  assemble.  "With  prompt  obedience  more 
than  a  hundred  men  belonging  to  the  regiment  of  Col.  Stephen 
R.  Bradley  and  Col.  John  Sergeant  rendezvoused  and  reported 
themselves  reaiJy  to  act  as  their  leaders  should  command.  But 
the  return  of  Knowlton  after  a  short  absence,  and  the  disper- 
sion of  the  Yorkers,  rendered  their  services  unnecessary, 
and  prevented  a  meeting  which  might  have  proved  disastrous 
to  both  parties. 

The  matter  was  not,  however,  allowed  to  rest  here.  On  the 
18th  of  November  a  complaint  was  entered  against  the 
rioters  by  Edward  Smith,  a  constable  of  Newfane,  and  a  Avar- 
rant  was  issued  by  Samuel  Fletcher  as  one  of  the  Councillors 
of  the  state,  for  their  arrest.  Thomas  Whipple  and  John 
Wheeler  were  taken  without  difficulty  or  delay,  and  a  justices' 
court  was  immediately  organized — Sanauel  Fletcher,  who  was 
also  a  civil  officer,  ]iresiding — for  the  examination  of  the  delin- 
quents. Whipple,  being  charged  with  an  assault,  acknowledged 
his  guilt,  and  stated  that  he  with  a  number  of  others  had,  in 
obedience  to  the  commands  of  Francis  Prouty,  assisted  in 
carrying  Knowlton  without  the  bounds  of  Vermont.  Having 
given  bonds  in  the  sum  of  £100  with  sureties  for  his  appear- 
ance, he  was  dismissed  until  the  next  session  of  the  Superior 
court.  The  result  of  Wheeler's  examination  is  not  recorded. 
A  few  days  later  Jonathan  Dunkley  was  arrested,  and  on  exam- 
ination had  before  Mr.  Fletcher,  on  the  27th,  was  recognised  in 
the  same  amount  of  bail  that  had  served  to  eifect  the  temporary 
release  of  Whipple.  The  constable's  returns  show  that  he  further 
succeeded  in  taking  "  the  body  of  Darius  Wheeler,"  on  the  21th, 
and  that  John  Wheeler  became  responsible  for  his  appearance 
before  Mr.  Fletcher.  No  account  of  his  examination  has  been 
preserved.  The  chief  offender,  Francis  Prouty,  was  still  at  large, 
and  it  was  well  known  that  it  M'ould  not  be  as  easy  to  secure 
him  as  it  had  been  to  secure  his  abettors.  When  the  brave 
deputy  sheriff,  Barzillai  Rice,  sought  for  him,  he  found  him,  on 
the  1st  of  December,  at  home,  in  company  with  five  of  his  neigh- 
bors. The  little  party  were  well  provided  with  guns  and  pitch- 
forks, the  latter  having  been  turned  from  a  peaceful  use  to  a 


1783.]  VAKIOUS    CAPTURES.  505 

service  of  an  opposite  nature.  On  approacliing  the  house, 
the  deputy  was  confronted  by  Prouty,  who,  in  language 
striking  and  emphatic,  warned  him  to  desist,  and  dechired 
he  would  "  be  the  death  of  him,"  or,  at  the  least,  would  "  let  out 
his  guts,"  in  case  the  deputy  should  attempt  to  enter  his  domicil 
or  touch  his  person.  Well  knowing  that  the  pitchfork  by  its 
peculiar  conformation,  is  admirably  adapted  to  inflict  wounds 
of  a  remarkable  nature,  the  deputy  resolved  to  finish  his  call  at 
Mr.  Prouty's  on  some  other  occasion,  when,  even  if  his  oflficial 
presence  should  not  be  more  acceptable  than  now,  his  person 
mi  gilt  be  more  secure. 

The  day  that  witnessed  the  defeat  of  the  deputy  at  Brattle- 
borough,  by  means  of  "guns  and  pitchforks,"  beheld  an  assem- 
blage at  Guilford  numbering  more  than  seventy  Yorkers,  armed 
"  with  dangerous  and  offensive  weapons,"  Their  rage  on  this 
occasion  was  directed  against  Benjamin  Carpenter,  a  staunch 
Yermonter,  Avho  had  already  held  many  important  positions 
both  on  the  field  of  battle  and  in  the  administration  of  goA'ern- 
ment,  and  of  whose  physical  and  mental  condition  combined 
his  epitaph  has  preserved  a  quaint  record,  which  declai'es  that 
his  "  Stature  was  about  six  feet,  AYeight  200.  Death  had  no 
terror."  But  even  these  qualifications,  sufiScient  to  disarm  the 
last  enemy  of  his  power,  were  not  of  a  nature  to  protect  their 
possessor  from  the  attacks  of  an  earthly  foe.  He  was  taken 
prisoner  by  the  Yorkers,*  and  carried  away  "  to  his  great 
damage."  There  is  no  written,  printed,  or  traditional  account 
to  show  in  what  this  damage  consisted,  nor  is  there  reason  to 
believe  that  it  was  very  serious  in  its  nature.  Whatever  it 
might  have  been,  he  survived  it  many  years,  and  lived  to  see 
the  final  establishment  of  the  state,  of  whose  constitution  and 
government  he  was  a  founder.  Occurrences  like  these  were 
sufficient  to  convince  the  government  of  Yermont  of  the  deter- 
mined nature  of  the  opposition  of  the  Yorkers.  Retaliation,  as 
on  former  occasions,  was  again  resorted  to.  * 

Tl  tough  William  Shattuck  had  not  been  released  from  the 
penalties  which  had  been  imposed  upon  him  by  the  decree  of 
banishment,  yet  so  long  as  he  refrained  from  inimical  acts  he 

*  The  more  prominent  actors  in  this  seizure  were,  Abraham  Avery,  Cyril  Car- 
penter, James  Davison,  Hezekiah  Broad,  Henry  Evans,  Nathaniel  Carpienter, 
Ailonijah  Putnam,  Joshua  Nurse,  Jotham  Bigelow,  Newell  Earl,  Henry  Evans  Jr., 
Joseph  Peck,  Daniel  Ashcraft,  Joseph  Shepardson,  David  Goodenough,  all  of  Guil- 
ford; Charles  Phelps  of  Marlborough ;  and  Eleazer  Church  of  Brattleborough. 


506  HISTORY    OF   EASTEEN   VERMONT.  [1783. 

was  allowed  to  live  in  the  undisturbed  possession  of  liis  house 
and  farm.  Still  he  was  obliged  to  render  to  the  treasurer  of 
the  state  of  Yermont  an  account  of  the  income  and  expenses  of 
his  estate.  Having  again  become  obnoxious  to  government,  he 
was  arrested  on  the  25th  of  December  by  Oliver  Waters,  a 
Brattleborough  constable.  Being  placed  in  charge  of  a  guard 
commanded  by  Major  Boyden,  he  was  conveyed  to  "Westminster. 
Here,  after  undergoing  an  examination  before  Justice  Nathan 
risk,  in  consequence  of  the  disregard  he  had  shown  to  the  sen- 
tence by  which  he  had  been  forbidden  to  return  on  pain  of 
death,  he  was  sentenced  on  the  27th  to  be  imprisoned  in  "  Ben- 
nington Gaol,"  without  "  bail  or  mainprize,"  until  he  should  be 
discharged  by  due  course  of  law.  Again,  under  the  direction 
of  Waters  and  his  posse,  he  was  escorted  across  the  mountains 
to  his  place  of  destination,  where  he  was  confined  in  irons  on 
the  3d  of  January,  1784.* 

Kindly  treatment  had  also  been  manifested  towards  Charles 
Phelps,  although  he  had  been  indicted  at  the  same  time  that 
his  four  friends  were  banished.  By  a  resolution  of  the  General 
Assembly  of  Yermont,  passed  on  the  20th  of  October,  1783, 
Governor  Chittenden  had  been  requested  to  grant  him  permis- 
sion to  visit  Westminster ;  to  attend  upon  the  deliberations  of 
the  General  Assembly  then  in  session  at  that  place  ;  and  to 
return  to  his  place  of  abode.  This  request  was  complied  with 
on  the  21st  of  October,  and  he  was  allowed  "to  pass  unmolested 
from  Walpole"  to  Westminster,  there  to  remain  during  the 
Governor's  pleasure,  and  thence  to  return  to  Walpole.  All 
persons  were  warned  to  take  notice  of  this  permission,  and  to 
"  govern  themselves  accordingly."  Subsequent  acts  of  opposi- 
tion again  brought  him  into  a  hostile  position  in  the  eyes  of  the 
Yermonters.  On  the  3d  of  January,  1784-,  a  warrant  was  issued 
for  his  arrest.  Being  taken  on  the  4th  he  was  imprisoned  in 
the  j  ail  at  Westminster,  and  the  keeper  was  ordered  to  retain 
Tiim  in  custody  until  the  courts  should  declare  their  opinion 
respecting  his  future  treatment.f 

Terrified  at  the  summary  manner  in  which  the  government 
of  Yermont  appeared  determined  to  treat  its  opponents,  a  number 
of  the  most  prominent  adherents  of  the  New  York  party  assem- 
bled at  Brattleborough  on  the  6th  of  January,  and  addressed  a 

*  MS.  Court  Records.  Papers  in  office  Sec.  State  Vt.  MS.  Papers  of  S.  R. 
Bradley. 

f  MS.  Papers  of  S.  R.  Bradley. 


17S-1.]  PETITION    TO    GOVERNOR    CHITTENDEN.  507 

petition  to  the  authorities  of  the  state,  couched  in  these  words : 
"  Whereas  the  exigences  of  the  people  Hving  in  sundry  of  the 
towns  on  the  Grants,  viz.,  Brattleborough,  Guilford,  Hinsdale, 
and  others,  demand  the  most  serious  consideration  of  the 
virtuous  citizens  both  of  the  subjects  of  New  York  and  Yer- 
mont,  and  a  zealous  assiduity  to  come  to  some  equitable  and 
salutary  measures  to  prevent  all  kinds  of  severity  against  each 
other,  or  any  hostile  measures  which  will  finally  bar  the  bene- 
volent exertions  of  the  subscribers  in  their  humble  address  to 
the  authority  of  Yermont, 

"  Therefore  it  is  most  humbly  prayed  and  earnestly*  desired 
by  each  of  us,  the  subscribers,  that  the  authority  of  Yermont 
would  immediately  release  Major  Shattuck  and  Esquire  Phelps 
from  their  present  imprisonment ;  also  cease  from  acts  of  the 
like  kind,  and  restrain  the  troops  raised  and  to  be  commanded 
by  Colonel  Wait,  from  marching  for  the  support  of  the  govern- 
ment, until  the  rising  of  the  next  session  of  Assembly  in  Febru- 
ary next,  at  which  session  of  Assembly,  the  subscribers,  who 
profess  themselves  to  be  subjects  of  New  York,  really  intend  by 
themselves  or  by  agents  appointed  for  that  purpose,  to  make 
application  to  said  Assembly  of  Yermont,  for  a  general  jjurifi- 
cation,  and  an  amicable  settlement  of  past  misunderstandings 
and  tilings  which  have  happened  between  the  people  claiining 
to  be  subjects  of  New  York  and  Yermont,  upon  just  and  equi- 
table terms,  consistent  with  the  rights  of  mankind,  the  constitu- 
tion of  Yermont,  and  the  authority  of  the  United  States  of 
America."  * 

The  reply  of  Governor  Chittenden  to  this  communication, 
dictated  by  those  principles  of  loyalty  wdiich  he  owed  to  the 
state,  and  expressed  in  his  own  terse  and  emphatic  language, 
was  far  from  an  endorsement  of  the  views  which  had  been  set 
forth  by  the  petitioners.  "  Gentlemen,"  he  wrote  on  the  10th 
of  February,  "I  received  a  request  signed  by  you,  which 
appeared  to  be  designed  for  the  consideration  of  the  authority 
of  this  state.  Yiewing  it  to  have  come  only  from  those  in  oppo- 
sition to  this  government,  it  would  not  admit  of  an  answer  for 
many  reasons  which  appear  obvious  from  the  tenor  and  style  of 
your  writing.     I  shall,  however,  inform  you,  my  friends,  of  my 

*  The  names  appended  to  this  petition  were  those  of  John  Bridgman,  Samuel 
Knight,  John  Hougliton,  Jonathan  Hunt,  William  Biglow,  Timothy  Church,  Henry 
Evans,  Jotham  Biglow,  Orlando  Bridgman,  Francis  Prouty,  Edward  Carpenter, 
Timothy  Phelps,  Hezekiah  Stowel,  Amos  Tute,  Elijah  Prouty,  Rutherford  Hays. 


508  HISTORY   OF   EASTERN   VERMONT.  [1784. 

sentiments  respecting  tlie  matters  contained  in  it.  The  prospects 
I  have  had,  which  are  well  known  to  you,  since  the  rising  of  the 
Assembly,  of  a  general  submission  which  was  the  only  object 
of  government,  have  been  the  only  cause  of  the  unexpected 
delay  of  the  march  of  the  troops. 

"  I  am  very  certain  were  the  Assembly  now  sitting  they 
would  have  no  bargain  to  make  with  the  people  who  have 
given  us  so  much  trouble  without  any  object.  I  cannot  say 
what  might  be  done  by  them  to  prevent  the  march  of  Colonel 
"Wait's  troops.  This  I  can  say,  that  nothing  short  of  an  imme- 
diate and  universal  submission  can  eflfect  it."* 

Pending  this  correspondence,  the  Vermonters  continued  to 
harass  the  Yorkers  with  an  energy  which  accorded  well  with 
the  late  proceedings  of  the  General  Assembly.  Although  a 
warrant  for  the  arrest  of  Francis  Prouty  had  been  in  the  hands 
of  the  constable  for  more  than  a  month,  yet  by  his  vigilance 
the  wily  Lieutenant  had  eluded  all  efforts  to  take  him.  His 
capture  was  effected  at  last  by  a  party  of  men  who  broke  into 
his  house  on  the  evening  of  the  8th  of  January,  and  removed 
him  thence  to  prison.  On  the  same  night  Setli  Clark,  a  New 
York  sergeant,  was  disposed  of  in  a  similar  manner.  Deter- 
mined to  teach  the  Guilfordites  a  lesson,  a  party  of  five  men, 
armed  and  prepared  for  attack  or  defence,  entered  the  house  of 
Capt.  Joseph  Peck,  a  few  hours  after  the  arrest  of  Prouty  and 
Clark,  leaving  a  number  of  persons  on  the  outside  in  case  their 
aid  should  be  needed.  Not  finding  the  object  of  their  search, 
and  being  unable  to  obtain  any  information  from  Mrs.  Peck  on 
the  subject,  they  plundered  the  house,  carrying  off  a  sword  and 
Buch  other  weapons  as  they  could  obtain.  About  one  o'clock  on 
the  morning  of  the  9th  the  same  party  entered  the  dwelling  of 
Maj.  Henry  Evans,  whom  they  could  not  find,  and  of  whom  his 
wife  could  give  no  reliable  account.  A  candle  and  a  tinder- 
box,  taken  from  the  ample  pocket  of  one  of  the  intruders,  gave 
them  light  in  prosecuting  their  investigations,  and  enabled  them 
to  appropriate  a  gun,  a  sword,  and  a  quantity  of  ammunition, 
as  the  reward  of  their  labors.  They  next  entered  the  house  of 
Mary  Carpenter,  but  finding  there  neither  arms  nor  men,  be- 
took themselves  to  the  residence  of  Hezekiah  Broad,  and  made 
inquiries  for  him  of  his  wife  Sarah.  In  this  instance,  as  in  two 
of  the  instances  already  mentioned,  their  visit  was  without  suc- 

*  MSS.  in  office  Sec.  State  Vt.,  ix.  229. 


1784.]  LETTER   OF    S.    K.    BRADLEY.  509 

cess.  Broad,  like  many  otlier  Gruilfordites,  had  been  warned 
of  their  coming,  and  had  wisely  withdrawn  from  observation. 
In  enterprises  like  these  they  were  engaged  until  morning,  and 
were  so  fortunate  as  to  secure  a  number  of  old  blunderbusses, 
rusty  swords,  curiously  carved  powder-horns,  pursy  bullet-bags, 
and  long,  snake-like  shot-pouches.* 

"Willing  to  put  an  end  to  these  nocturnal  visitations,  Stej)hen 
R.  Bradley,  on  the  lOtli  of  January,  addressed  a  letter  "  To  the 
inhabitants  of  the  town  of  Guilford  and  its  vicinity,  who  have 
been  opposing  the  government  of  Yermont."  "  I  officially  ac- 
quaint you,  as  Attorney-General  for  the  freemen  of  the  state  of 
Yermont,"  said  he  in  this  communication,  "  that  government 
wishes  for  your  welfare  as  a  people,  and  notwithstanding  the 
coercive  measures  that  are  adopted,  are  willing  to  do  every- 
thing for  you  consistent  with  the  welfare  of  government ;  and  I 
now  assure  you,  upon  your  desisting  from  your  opposition,  and 
returning  peaceably  to  your  families,  your  persons  and  pro2:»er- 
ties  shall  be  protected  ;  and  in  order  for  that,  upon  your  certi- 
fying under  your  hands  on  your  parol  of  honor  to  me,  or  to  the 
sheriff  of  this  county,  or  his  deputy,  or  to  Major  Josiah  Boyden 
of  Fulham,  that  you  will  not  directly  nor  indirectly  do  any  act 
or  thing  prejudicial  to  the  state  of  Yermont,  all  prosecutions 
against  any  of  you  shall  be  no  further  prosecuted  till  the  rising 
of  the  next  General  Assembly,  when  I  trust  you  may  meet  with 
all  desired  lenity.  I  except  nevertheless  all  persons  who  have 
been  taken  by  the  officers  of  government,  and  such  as  have 
been  banished.  What  you  do  in  this  respect  must  be  soon,  as 
the  matter  is  now  become  senous."  Irritated  by  the  indignities 
to  which  they  had  been  subjected,  the  Yorkers  were  in  no  spirit 
to  accept  of  conditions  or  apply  for  pardon.  Meantime  the 
Yermonters  persisted  in  executing  the  laws  of  their  state.  On 
the  10th,  warrants  were  issued  for  the  arrest  of  Henry  Evans  of 
Guilford,  and  Eleazer  Church  ancl  Nathaniel  Chandler  of  Brat- 
tleborough.  Church,  who  was  taken  on  the  12th,  was  brought 
before  Justice  Nathan  Fisk  of  Westminster,  and  being  charged 
with  "  treasonable  conduct"  was  lodged  in  the  jail  of  that  town, 
"loaded  with  irons."  On  the  13th,  Chandler  was  also  com- 
mitted.f 

From  the  latter  part  of  October,  1783,  to  the  present  time,  a 
detachment  of  state  troops,  wliich  had  varied  in  number  from 

*  Various  MS.  Depositions.  f  MS.  Papers  in  office  Sec.  State  Vt. 


510  IIISTOKT    OF    EASTERN    VEUMONT.  [1784. 

twentj-five  to  sixty-five,  bad  been  mider  arms  for  tlie  purpose 
of  quelling  any  outbreaks  that  might  arise,  and  for  assisting 
the  sheriff  in  performing  the  duties  of  his  office.  They  it  were 
who  had  made  arrests  in  the  night  time,  and  removed  such 
means  of  defence  as  they  could  find,  from  the  houses  of  the  op- 
position. The  quarters  of  Com.-Gen.  Joseph  Farnsworth,  Maj. 
Josiah  Boyden,  Ens.  Oliver  Waters,  and  Lieut.  Experience 
Fisk,  the  officers  of  this  detachment,  were  at  the  inn  of  Josiah 
Arms,  in  Brattleborough.  Enraged  by  the  conduct  of  the  sol- 
diers of  this  detachment,  the  Yorkers  determined  to  retaliate  by 
taking  some  of  them  prisoners.  With  this  intention  William 
White,  Daniel  Ashcraft,*  Joseph  Shepdarson  Jr.,  Nathaniel 
Shepardson,  Noah  Shepardson,  Samuel  Melendy,  Hezekiah 
Broad,  Samuel  Curtis,  Moses  Yaw,  Daniel  Cole,  Artemas 
Goodenough,  Ithamar  Goodenough,  and  Jotham  Biglow,  all 
of  Guilford ;  Richard  Church  and  Isaac  Kendall  of  Brattlebo- 
rough ;  and  a  number  of  others,  the  whole  commanded  by 
Nathaniel  Carpenter  of  Guilford,  attacked  the  inn  on  the  16th, 
and  demanded  the  immediate  delivery  of  Waters,  who  had  be- 
come especially  obnoxious  on  account  of  the  energy  he  had  dis- 
played in  behalf  of  the  state.  General  Farnsworth  endeavored 
to  expostulate  with  them  upon  the  rashness  of  their  conduct, 
but  they  were  deaf  to  his  remonstrances  and  renewed  their 
demand  in  the  most  peremptory  manner.     Determined  to  ac- 


*  At  the  commencement  of  the  revolutionary  war,  Mr.  Ashcraft,  who  'was 
friendly  to  the  American  cause  but  who  did  not  choose  to  engage  in  the  struggle, 
abandoned  his  dwelling  on  Fisher's  Island  within  the  then  province  of  New  York, 
and  removed  to  the  town  of  Guilford,  in  Cumberland  county.  In  the  disputes 
which  afterwards  arose  among  the  settlers  on  the  New  Hampshire  Grants,  he 
supported  the  claims  of  the  New  York  adherents,  and  in  the  end  was  compelled 
to  leave  the  state.  On  the  25th  of  October,  1784,  he  petitioned  the  Legislature 
of  New  York  for  a  grant  of  land  in  the  western  part  of  that  state.  The  commit- 
tee to  whom  his  petition  was  referred  reported  thereon  on  the  29th,  and  the  con- 
sideration of  his  request  was,  on  their  recommendation,  postponed.  Finding  that 
he  could  obtain  no  aid  in  this  direction,  he  presented  a  petition  to  the  General 
Assembly  of  Vermont  on  the  19th  of  October,  1785,  in  which  he  prayed  "  for  a 
pardon  of  all  offences  he  had  committed"  against  the  state  "  by  adhering  to  the 
government  of  New  York."  The  report  of  the  committee  to  whom  his  request 
was  referred  stated,  that  although  he  had  formerly  been  connected  with  the 
opposition,  he  was  "  now  likely  to  make  a  good  citizen,"  and  recommended  that  he 
should  be  pardoned  by  an  act  of  the  Legislature,  provided  he  should  take  the 
oath  of  allegiance  before  the  1st  of  March,  1786.  The  report  was  accepted,  and 
an  act  was  passed  agreeable  to  the  recommendation. — MS.  Petition  to  N.  Y. 
Senate.  Journal  Senate  N.  Y.,  1st  Meeting,  8th  Session,  p.  13.  Journals  Gen. 
Ass.  Vt.,  Oct.  1785, 


1784.]  RETALIATIONS  OF  THE  TORKEES.  511 

complisli  tlieir  object,  and  enraged  hy  the  grievances  to  -which 
thej  had  been  subjected,  tliey  commenced  an  assault  ujjon  the 
Iiouse,  and  riddled  the  doors  and  windows  with  musket  balls 
and  buckshot.  After  firing  about  thirty  times,  wounding  Major 
Boyden  in  the  leg,  and  shooting  a  traveller  through  the  thigh, 
they  entered  the  building  "  in  their  common,  desperate  man- 
ner,'' as  was  subsequently  stated,  and  having  captured  Waters 
departed  with  their  prey.* 

The  object  of  Farnsworth  in  remonstrating  with  the  York- 
ers was  to  delay  their  attack  until  the  troops,  who  were 
quartered  about  a  mile  distant,  could  be  informed  of  the  danger 
with  which  the  officers  were  threatened.  But  his  efi'orts,  as  has 
been  seen,  were  without  avail.  Satisfied  with  the  result  of 
their  foray,  the  Yorkers  surrounded  the  prisoner,  and  ordered 
him  to  accompany  them.  Under  a  strong  guard  they  conveyed 
him  on  foot  to  the  northern  lines  of  the  state  of  Massachusetts, 
where  they  fastened  on  his  hands  "  a  huge  weight  of  ill-shaped 
iron,"  and  consigned  him  to  the  care  of  two  of  the  party,  with 
orders  to  conduct  him  to  Poughkeepsie.  The  news  of  the  seiz- 
ure reached  Halifax  on  the  night  of  the  17th,  through  the 
instrumentality  of  Lieut.  John  Noyes  of  Guilford,  and  pro- 
duced an  intense  excitement.  Horses  and  arms  were  immedi- 
ately procured,  and  a  company  of  fifteen  menf  led  by  Joseph 
Tucker  started  in  pursuit.  Knowing  well  the  route  which 
their  opponents  had  taken,  they  followed  closely  in  their  track, 
and  on  the  18th  reached  Northampton,  where  they  found  "Wa- 
ters. Tliey  immediately  rescued  him,  and  at  the  same  time 
secured  his  guards. 

Meantime  Timothy  Phelps,  who  had  been  entrusted  with 
a  number  of  dispatches  and  depositions  which  he  was  to  deliver 
to  Governor  Clinton,  had  commenced  his  journey,  and  having 
reached  Hadley,  was  visiting  his  brother  Charles,  who  was  a 
resident  of  that  town.  Tucker  and  his  party,  who,  to  use  their 
own  language,  were  "  then  in  high  spirits,"  being  unwilling 
to  return  without  accomplishing  some  other  exploit,  determined 


*  In  a  newspaper  account  of  this  affair  it  is  stated  that  "  Waters  voluntarily 
resigned  himself  up  to  the  party."  The  court  papers,  and  the  other  documentary 
testimony  of  that  period,  corroborate  the  version  presented  in  the  text. 

f  Thomas  Scott,  Stephen  Gates,  Timothy  Woodward,  David  Williams.  Elijah 
Phillips,  Gorham  Noyes,  Joel  Sumner,  Philemon  Stacy,  Daniel  Walworth,  Rufus 
Fisk,  Samuel  Dennison,  John  Noyes,  Caleb  Owen,  Thomas  Farnsworth,  Nathaniel 
Whitney. — Tucker's  Petition. 


512  HISTORY    OF   EASTERN   VERMONT.  [1784. 

to  escort  Timotliy  Phelps  back  to  Yermont,  in  the  same  manner  in 
which  Waters  had  been  compelled  to  leave  that  state.  Concealing 
the  object  of  their  visit,  they  entered  Iladley  after  nightfall,  and  on 
approaching  the  house  where  Timothy  Phelps  was  lodged,  asked 
to  be  admitted.  Springing  from  his  bed  and  seizing  his  arms, 
Charles  Phelps  rushed  to  the  door,  but  before  he  could  reach  it, 
Tucker  and  his  men  had  forced  an  entrance.  A  severe  struggle  en- 
sued, in  which  the  owner  of  the  dwelling  was  overpowered  and 
thrown  to  the  floor.  As  the  rioters  were  proceeding  to  bind 
him,  his  wife  appeared  and  claimed  him  as  her  husband.  At 
the  same  time  Timothy  Phelps  came  forward,  and  the  rioters 
perceiving  their  mistake  allowed  the  supposed  offender  to  arise, 
and  seizing  his  brother  secured  him  and  departed,  with  the 
intention  of  confining  him  in  Bennington  jail,  where  he  had 
already  spent  so  many  months. 

As  soon  as  Tucker  and  his  party  had  gone,  Charles  Phelps 
hastened  to  Elisha  Porter,  the  sheriff  of  Hampshire  county,  and 
informed  him  of  the  occurrences  of  the  evening.  "Warrants 
were  immediately  issued,  a  number  of  the  local  militia  who 
were  commanded  by  Phelps  were  placed  under  arms,  a  j)osse 
was  also  collected,  and  the  whole  party,  thirty  strong,  mounted, 
and  headed  by  the  sheriff,  were  soon  in  hot  pursuit.  On  reach- 
ing Hatfield,  Waters's  party  had  been  joined  by  twelve  more  of 
the  state  troops  of  Yermont,  and  with  this  reinforcement  they 
were  pushing  forward  with  as  much  speed  as  the  circumstances 
would  allow.  Dashing  on  without  once  drawing  rein,  their  pur- 
suers followed  with  spirit  and  determination.  At  eight  o'clock 
on  the  morning  of  the  19th  the  rioters  were  overtaken  at 
Bloody  Brook  in  Deerfield,  where  they  had  dismounted  to 
refresh  both  themselves  and  their  horses.  Entering  the  room 
where  they  were  engaged  at  breakfast,  the  sheriff  exclaimed, 
"  Where  are  these  damned  Yermonters  ?"  and  without  giving 
them  time  to  rally,  the  men  of  Hampshire  county  commenced  the 
attack.  Tlie  rioters,  ignorant  of  the  legal  authority  under  which 
their  opponents  were  acting,  and  taking  them  for  Yorkers, 
resisted  with  vigor.  In  the  midst  of  the  struggle  which  was 
now  becoming  serious,  the  sheriff  made  known  his  ofiicial  charac- 
ter, and  pronounced  the  rioters  his  prisoners.  Satisfied  that  resist- 
ance to  such  authority  would  be  likely  to  terminate  unfortunately. 
Waters  and  his  party  submitted  to  the  sheriff,  released  Timothy 
Phelps,  and  were  carried  back  to  Hadley.  Tliere  they  were 
tried  before  three  justices.     Four  of  them  were  found  guilty  of 


178-i.]  SE^-TE^XE  of  tucker  and  his  associates.  513 

riotous  conduct,  and  were  adjudged  to  paj  in  fines  and  costs 
£21  8s.  Tucker,  in  his  relation  of  the  affair,  stated  that  this 
verdict  was  obtained  through  the  instrumentality  of  Charles 
Phelps  of  Hadley,  and  that  the  views  of  the  sheriff  were  so 
much  changed  when  all  the  circumstances  connected  with  the 
affair  were  made  known  to  him,  that  he  frankly  forgave  the 
Yermonters,  although  he  had  received  more  wounds  than  aU 
the  rest  of  his  party,  eulogized  them  in  open  court  as  "  good 
fellows,"  and  promised  his  assistance  in  the  future  "  botli  as  a 
gentleman  and  a  magistrate,"  in  preventing  theu- fellow-citizens 
from  being  "  carried  through  that  vicinity  by  the  Yorkers."* 

*  On  the  25th  of  February  following,  Tucker  and  his  associates  petitioned 
the  General  Assembly  of  Vermont  who  were  then  in  session  at  Bennington,  for  a 
reimbursement  of  the  expenses  which  they  had  incurred  in  these  proceedings. 
Defending  the  course  they  had  pursued,  "we  did  all  this,"  said  they,  "solely 
out  of  loyalty  and  friendship  to  this  government,  and  although  we  did  not 
carry  our  points  in  everything,  yet  we  prevented  Mr.  Waters  from  being 
now  confined  in  New  York,  which  doubtless  the  Yorkers  would  have  gloried 
much  in ;  and  also  obtained  the  favor  of  the  oiBcer  in  the  Massachusetts  state,  be- 
fore mentioned,  which  will,  in  all  probability,  be  interesting  to  this  state."  Their 
petition  was  referred  to  a  committee  of  three,  who  subsequently  met  and 
consulted  with  a  committee  from  the  Council  consisting  of  Ira  Allen.  The 
report  of  the  joint  committee  was  accepted  on  the  5th  of  March,  and  an  order  was 
passed  directing  the  sale  of  so  much  of  the  estate  of  Charles  Phelps  of  Marl- 
borough, which  had  already  been  confiscated  to  the  use  of  the  state,  as  should 
amount  to  £49  13s.  lid.,  the  sum  claimed  by  the  petitioners.  At  this  point  the 
subject,  it  is  believed,  was  dropped,  and  was  probably  never  again  revived. — MS. 
Accounts  of  the  Capture  of  Waters,  Tucker,  Phelps,  etc.  Thompson's  Vt.  Gar 
zetteer,  p.  142.     South  Carolina  Gazette,  Feb.  2,  1784. 


33 


CHAPTER  XIX. 

THE   END   OF   EESISTANCE. 

The  gathering  of  the  Vermont  militia  at  Brattleborough — The  number  of  the  force 
— The  march  to  Guilford  iu  the  snow  storm — Spies — The  Yorkers  retreat — The 
fight  at  Packard's  house — Sergeant  Silvanus  Fisk  of  the  Vermont  troops  mor- 
tally wounded — Ethan  Allen  arrives  with  reinforcements — A  number  of  Yorkers 
taken  prisoners,  and  lodged  in  the  jail  at  Westminster — The  session  of  the 
Superior  court  at  Westminster — Twenty -five  Yorkers  arraigned  at  the  bar— 
Their  trial — Conviction — Sentence — Vermonters  take  Daniel  Shepardson  pri- 
soner— Instruction  to  New  York  delegates  in  Congress — Report  of  joint  commit- 
tee of  Senate  and  Assembly  of  New  York  on  the  late  transactions — Additional 
instructions — William  Shattuck — Charles  Phelps — Offenders  pardoned — Resolu- 
tions of  the  General  Assembly  and  Council  of  Vermont — The  militia  force  at 
Guilford  reduced — David  Goodenough — He  and  Daniel  Spicer  are  fired  on  by  a 
scout  from  Lieut.  Knight's  company — Spicer  is  killed — Barbarous  conduct  of 
the  Vermont  militia — Account  of  Daniel  and  Jabez  Spicer — Lieut.  Knight 
informs  the  Legislature  of  Vermont  of  the  proceedings  at  Guilford — Action  of 
the  Legislature — Rumors  of  war — The  condition  of  Guilford — Governor  Han- 
cock's proclamation — County  house  at  Windsor — Attempt  to  interest  Congress 
in  the  controversy — Court  of  Inquiry  held  at  Westminster — Tlie  Yorkers 
petition  for  pardon — Their  request  granted  by  an  act  of  the  General  Assembly 
— Charles  Phelps  pardoned — Letter  of  citizens  of  Brattleborough  and  Guilford 
to  Gov.  Clinton — Improved  condition  of  Vermont. 

In  the  midst  of  these  transactions,  Colonel  Church  and  Major 
Evans  wrote  to  Governor  Clinton,  begging  him  to  adopt  such 
measures  as  would  tend  to  their  relief,  and  free  them  from  the 
oppressions  of  the  Yermonters.  In  their  letter  of  the  16th  of 
January,  they  informed  him,  that  they  were  forced  to  be  under 
arms  day  and  night ;  detailed  to  him  the  names  of  those  who 
had  been  imprisoned ;  and,  filled  with  the  dread  of  their  foes 
and  ready  to  believe  every  rumor  which  might  be  suggested, 
reported  that  an  army  of  four  hundred  or  five  hundred  Yer- 
monters were  already  stationed  in  separate  divisions  at  Brattle- 
borough, Marlborough,  and  Halifax,  ready  to  "  kill,  burn,  and 
destroy  all  before  them."     These  representations,  although  exag- 


1781.]  THE    NUMBEE    OF   THE    FOECE.  515 

gerated,  were  destined  to  be  verified,  in  part,  during  the  follow- 
ing week.  The  seizure  of  Waters  had  confirmed  the  Vermonters 
in  the  determination  they  had  taken  to  subdue  the  Yorkers  by 
military  force,  and  the  time  had  now  come  for  the  execution  of 
this  design.  The  colonels  of  two  of  the  nearest  regiments  were 
immediately  informed  that  the  period  for  action  had  arrived,  and 
were  requested  to  collect  their  companies  and  proceed  w^ithout 
delay  to  the  seat  of  war. 

On  Saturday  the  ITth  of  January,  the  day  succeeding  the 
publication  of  these  orders,  troops  began  to  assemble,  towards 
evening,  at  the  rendezvous  in  Brattleborough,  the  inn  of  Josiah 
Arms.  On  the  following  day  reinforcements  arrived  from  the 
neighboring  towns,  and  the  usually  quiet  village  rapidly  assumed 
the  appearance  of  a  military  station.  The  quiet  of  Sunday  was 
disturbed  by  the  roll  of  the  drum  and  the  shrill  notes  of  the 
fife.  The  place  of  worship  was  deserted,  for  all  were  interested 
in  the  contemplated  proceedings.  Those  who  acknowledged 
the  government  of  Yermont,  freely  opened  their  houses  to  the 
soldiers,  while  those  who  owed  allegiance  to  New  York  barred 
their  doors,  and  carefully  guarded  every  entrance  to  their 
dwellings.  Bullets  were  moulded ;  guns  prepared  ;  belts  fur- 
nished; buckles  polished;  dresses  lacking  in  martial  appearance 
were  made  more  martial ;  and  any  arrangement  which  would 
tend  to  expedite  the  march  was  perfected. 

The  number  of  men  who  reported  themselves  on  the  morning 
of  Monday,  the  19th,  ready  for  service,  was  more  than  three 
hundred.  The  regiment  of  state  troops,  the  command  of  which 
had  been  given  to  Col.  Benjamin  "Wait,  mustered  nearly  a 
hundred  guns,  and  was  oflicered  by  Lieut.-Col.  Elijah  Knight, 
Maj.  Josiah  Boyden,  and  Capt.  Benjamin  Whitney.  Of  the 
first  brigade  of  the  militia  under  the  command  of  Gen.  Samuel 
Fletcher,  the  first  regiment  was  officered  by  Col.  Stephen  R. 
Bradley,  Maj.  Samuel  Minott,  Adjt.  Eliakim  Spoouer,  and 
Quarter  Master  Benjamin  Burt.  From  this  regiment  there 
were  now  assembled  a  company  from  Townshend  of  fifty-three 
men,  commanded  by  Capt.  Josiah  Fisk  ;  one  from  Westminster 
of  forty-four  men,  under  the  command  of  Capt.  Silas  Burk ; 
one  from  Putney  of  twenty-seven  men,  in  charge  of  Lieut. 
Ebenezer  Parker;  and  one  from  Rockingham  of  twenty-two 
men,  commanded  by  Capt.  John  Fuller.  Of  the  regiment  of 
Col.  John  Sergeants,  belonging  also  to  Gen.  Fletcher's  brigade, 
Capt.  Isaac  Wheeler  commanded  a  company  from  Wilmington 


516  HISTORY    OF   EASTERN    VERMONT.  [1  (  84. 

of  thirty-two  men ;  Lieut.  Daniel  Gates  one  from  Dummerstou 
of  twenty-two  men ;  and  Sergt.  Sylvester  Bishop  one  from  Marl- 
borough of  fifteen  men. 

Snow  had  begun  to  fall  early  on  Monday  morning,  and  when, 
a  few  horn's  after  sunrise,  tlie  troops  commenced  their  march, 
the  storm  had  become  so  severe,  and  the  roads  so  obstructed, 
that  rackets  were  found  of  great  assistance  in  increasing  loco- 
motion. As  the  little  army,  piloted  by  Samuel  Shepardson, 
advanced  in  a  southwesterly  direction,  a  violent  northwester 
blowing  the  snow  upon  the  right  side  of  their  faces,  served  to 
increase  the  unpleasantness  of  the  undertaking.  The  ordnance 
department  was  composed  of  one  old  cannon,  almost  useless, 
from  Dummerston,  and  was  superintended  by  Ebenezer  Haven 
and  Isaac  Miller.  The  soldiers  marched  in  single  file,  about 
three  paces  distant  one  from  another,  and  as  they  wound 
through  the  woods,  appearing  here  at  a  clearing,  and  anon  dis- 
a23peai'ing  in  a  thicket,  the  efiect  upon  those  who  beheld  them 
was  far  more  beneficial  in  inspiring  fear,  than  would  have  been 
the  display  of  a  dozen  field-pieces.  The  long  procession,  but 
dimly  seen  through  the  falling  snow,  left  full  scope  for  the 
imagination,  and  many  believed  that  a  numerous  host  was 
coming  to  ravage,  burn,  and  destroy.  In  the  lower  part  of 
Brattleborough,  the  advanced  guard  noticed  on  the  further  side 
of  the  fence  that  skirted  the  road,  a  man  on  horseback  stationed 
on  a  little  elevation,  who  rode  off  at  their  approach.  Others 
similarly  posted  were  met  further  on,  and  it  now  became 
evident  that  spies  had  been  placed  along  the  whole  line  of  the 
route  by  which  the  troops  were  advancing.  Tlie  service  which 
these  spies  unintentionally  performed  for  the  Vermonters,  was 
far  from  being  trivial.  Deceived  by  the  appearance  of  the 
approaching  columns,  they  rode  back  to  their  friends  and 
reported  that  the  enemy  was  a  thousand  strong.  At  the  same 
time  the  Yermonters  were  informed  by  some  persons  whom 
they  had  captured,  that  the  Yorkers  to  the  number  of  a  hundred 
and  sixty,  had  taken  a  pledge  to  fight  to  the  death.  At  Guilford 
the  soldiers  halted  for  the  night,  obtaining  shelter  in  houses, 
barns,  and  such  other  places  as  afforded  protection  from  the 
storm. 

On  the  morning  of  Tuesday,  the  20th,  hostilities  commenced. 
About  forty  Yorkers  had  rendezvoused  at  a  house  in  Guilford 
occupied  by  a  man  named  Stowell,  and  had  stationed  themselves 
not  only  within,  but  around  the  building,  and  behind  an  adjacent 


1Y84.]  COlVEVrENCEMENT   OF   HOSTILITIES.  517 

pile  of  logs.  But  at  the  sight  of  the  armed  militia  thej  quailed 
and  fled,  with  the  exception  of  eight  or  ten  who  were  captured. 
After  running  half  a  mile,  their  course  being  most  of  the  way 
descending,  they  again  took  a  position  in  the  house  of  a  Mrs, 
Holton,  a  widow,  situated  on  a  plain,  and  again  swore  to  stand 
their  ground  and  "  fight  it  out,"  Meantime  Captain  Burke's 
men,  with  two  other  companies,  stopped  and  took  possession  of 
Stowell's  house,  while  Captain  Whitney  and  his  followers 
pushed  on  to  dislodge  the  Yorkers  at  Holton's,  This  was  easily 
eflfected,  for  no  sooner  had  AVhitney  and  his  troops  reached  the 
house  than  the  Yorkers  again  ran,  halting  at  a  point  about  half 
a  mile  further  on.  It  was  now  between  two  and  three  o'clock 
in  the  afternoon,  and  as  the  valiant  soldiery  had  found  that  they 
could  enjoy  accommodations  in  the  houses  which  had  been 
vacated  by  the  Yorkers,  they  determined  to  suspend  all  warlike 
operations  of  an  aggressive  character  until  the  morning.  Having 
taken  good  heed  to  station  guards  about  their  encampments,  and 
to  send  out  spies  to  watch  the  motions  of  the  enemy,  they  made 
preparations  to  spend  the  night  as  agreeably  as  their  circum- 
stances would  permit. 

On  "Wednesday,  the  21st,  the  troops  assembled  at  Stowell's 
house.  Part  of  them  were  detached  thence  to  reconnoitre  in 
Marlborough  and  Halifax,  while  the  main  body  advanced  in 
pursuit  of  the  Yorkers,  The  snow  had  now  become  so  deep 
that  the  officers,  being  on  foot,  found  it  difficult  to  perform  their 
duty  with  all  the  alacrity  which  the  circumstances  required. 
Horses  were  accordingly  procured  for  Colonel  Bradley,  Adju- 
tant Spooner,  Dr.  Elkanah  Day,  and  others,  and  the  supervision 
of  affiiirs  was  thus  rendered  easier  and  more  complete.  On 
reaching  the  top  of  a  hill,  distant  about  a  mile  and  a  half  from 
the  Massachusetts  line,  the  house  of  one  Packard,  a  justice  of  the 
peace,  near  which  it  was  supposed  the  Yorkers  were  assembled, 
was  easily  discerned.  The  Yermonters  pressed  forward,  and  as 
they  approached  the  building,  thirty  or  forty  Yorkers,  who  were 
within  at  dinner,  rushed  out  with  their  guns,  and  began  to 
station  themselves  in  an  advantageous  position.  At  Packard's 
house  commenced  a  valley  running  south,  through  which  lay 
the  road.  The  elevation  on  the  right  had  been  cleared  of  brush 
and  underwood,  but  there  were  still  standing  a  number  of 
girdled  hemlocks,  whose  size  and  position  affi^rded  a  safe  cover 
to  which  to  flee  or  whence  to  assail,  A  scattering  growth  of 
sugar  maples  on  the  elevation  at  the  left,  offered  similar  advan- 


518  HISTOKT    OF   EASTEKN    VERMONT.  [1784. 

tages.  Across  the  road  the  hole  of  a  large  ti-ee  had  heen  thrown, 
behind  which  and  the  trees  on  either  side,  the  Yorkers  awaited 
the  approach  of  the  troops. 

As  they  advanced,  'Squire  Packard  appeared  at  the  door 
of  his  dwelling,  and  begged  Sergt.  Silvaniis  Fisk,  who  was 
temporarily  in  command  of  the  advance  company,  not  to 
proceed,  telling  him  at  the  same  time  that  as  soon  as  he  should, 
pass  a  certain  blacksmith's  shop,  situated  a  short  distance 
before  him,  he  and  his  company  would  certainly  be  fired  upon. 
Fisk,  a  young  man,  rash  and  impetuous,  was  not  disposed 
to  pay  much  attention  to  this  warning.  When  passing  through 
Westminster,  in  reply  to  some  inquiry  as  to  the  course  which 
was  to  be  pursued  towards  the  opposition,  he  had  been  heard  to 
say  in  one  of  the  rough  expressions  of  a  farmer,  that  he  would 
show  the  Yorkers  "  how  the  pig  ate  the  butter,"  thus  signifying, 
by  an  allusion  now  obsolete,  tliat  he  would  teach  the  oppo- 
nents of  Yermont  a  lesson  which  they  would  not  soon  forget. 
His  daring  did  not  now  desert  him,  and  his  men,  partaking  of 
his  spirit,  followed  where  he  led. 

The  given  point  was  soon  reached,  but  the  Yermonters 
had  hardly  passed  it,  when  a  discharge  from  the  right  proved 
the  truth  of  Packard's  assertion.  No  injury  followed  this 
assault.  Tlie  ti-oops  pressed  forward  and  were  again  fired  upon 
from  the  barricade  in  front.  As  the  smoke  occasioned  by 
this  volley  cleared  away,  a  man  distinguished  by  the  blue  coat 
which  he  wore  came  from  behind  the  maples,  and  with 
deliberate  aim  discharged  his  gun  at  Sergeant  Fisk.  The  ball 
took  effect,  entering  at  the  right  side  of  the  stomach  and  passing 
into  the  groin.  "  Are  you  badly  hurt.  Sergeant  ?"  said  Private 
Theophilus  Crawford,  who  was  standing  near  him.  "  God  bless 
you  !"  replied  Fisk,  "  don't  ask  any  questions,  but  push  on  and 
kill  some  of  the  devils."  Encom-aged  by  these  words,  his  men 
gave  chase  to  the  now  retreating  Yorkers,  and,  pursuing  them 
with  hot  haste,  drove  them  more  than  half  a  mile  beyond 
the  boundaries  of  Yermont,  and  within  the  limits  of  Massa- 
chusetts. Unable  to  walk,  Fisk  was  placed  on  a  sleigh,  and 
being  taken  to  Mrs.  Holton's  dwelling  was  treated  with  all  the 
attentions  which  Idndness  could  suggest.  But  his  wound 
proved  incurable,  and  he  died  before  the  close  of  the  following 
spring.  The  only  other  person  who  suffered  on  this  occasion 
was  Joel  Knight  of  Dummerston,  who  was  slightly  injured  in 
the  arm  by  a  bullet. 


1784.]  MOVEMENTS   OF   VERMONT   TEOOPS.  519 

Driven  from  tlieir  homes,  the  Yorkers  applied  for  assistance 
to  the  inhabitants  of  the  towns  in  Massachusetts  to  which  they 
had  fled.  Tliis  was  readily  granted  as  far  as  food  and  shelter 
would  avail,  but  no  one  was  willing  to  engage  in  acts  of  hosti- 
hty  against  the  neighboring  state,  without  orders  from  Congress. 
Hoping  to  obtain  favorable  terms,  the  Yorkers  sent  a  flag  to 
their  "  unnatural  enemy,"  as  they  styled  the  Yermonters,  pro- 
mising passive  obedience  until  the  rising  of  the  Yermont  Assem- 
bly, provided  they  should  be  permitted  to  return  to  their 
homes  and  remain  there  unmolested.  To  their  message  they 
received  no  reply,  and  the  person  by  whom  it  was  caiTied  was 
detained  as  a  prisoner. 

On  the  22d,  Ethan  Allen  arrived  with  ammunition  and 
reinforcements.  Of  the  companies  from  Bennington  which  came 
with  him,  one  was  commanded  by  Capt.  Joseph  Saflford,  another 
by  Capt.  Hezekiah  Armstrong,  and.  a  third  by  Capt.  Joseph 
Wickwire.  Not  daring  to  make  an  incursion  within  the  juris- 
diction of  Massachusetts  in  pursuit  of  the  Yorkei"s,  who  had 
fled  thither  for  safety,  and  deeming  it  useless  to  remain  longer 
in  a  place  where  their  presence  could  be  of  no  essential  service 
to  the  cause  they  maintained,  the  ofiicers  from  both  sides  of  the 
mountains,  after  a  long  consultation,  concluded  to  return.  To 
render  the  march  more  easy,  a  company  were  dispatched,  in  the 
morning,  to  break  a  road  through  the  snow  which  was  now  nearly 
four  feet  in  depth  on  the  level.  Leaving  StoweU's  house  two 
hours  before  sunset,  the  main  body  of  the  troops  began  their 
march,  having  in  charge  about  twenty  prisoners,  and  reached 
the  tavern  of  Landlord  Arms,  in  Brattleborough,  the  same 
night.  Here  a  portion  of  the  troops  were  dismissed.  On  the 
morning  of  the  23d  the  remainder  proceeded  to  Westminster, 
where  the  Yorkers  were  lodged  in  jail  to  await  their  trial  at  the 
next  session  of  the  Superior  court. 

During  the  time  which  intervened  between  the  commitment 
and  the  trial,  the  prisoners  were  guarded  by  a  strong  military 
watch,  and  every  precaution  was  taken  to  prevent  their  escape. 
An  account  of  these  proceedings  was  sent  by  Colonel  Cluu'ch 
and  Major  Evans  to  Governor  Clinton,  and  a  recpiest  was  made 
that  he  would  write  to  the  Governor  of  Massachusetts,  if  such 
an  act  was  proper,  and  desire  him  to  send  relief  to  the  imfor- 
tunate  subj  ects  of  New  York.  "  We  are  driven  from  our  habi- 
tations," said  they.  "  Our  houses  are  plundered.  Our  posses- 
sions taken  from  us.     We  are  in  a  very  miserable  situation,  and 


520  HISTORY    OF   EASTERN   VERMONT.  [ITSI. 

implore  your  Excellency's  interposition,  our  case  being  really 
deplorable."* 

On  the  Sd  of  February  the  Superior  court  commenced  its 
session  at  Westminster,  Moses  Robinson,  chief  judge,  presiding. 
About  twenty-five  prisoners  were  arraigned  at  the  bar.  Francis 
Prouty,  who  had  been  engaged  in  the  month  of  November  last, 
at  the  head  of  a  number  of  men,  in  conveying  Luke  Ivnowlton 
without  the  borders  of  Vermont,  pleaded  guilty  to  the  indict- 
ment of  the  grand  jurors,  and  was  sentenced  to  pay  a  fine  of 
£30,  with  costs  of  prosecution,  and  to  be  "  imprisoned  in  close 
confinement  for  the  space  of  forty  days."  He  was  also  charged, 
in  a  separate  indictment,  with  having  entered  Knowlton's  house 
on  the  same  occasion  burglariously,  and  with  an  intent  "the 
goods  and  chattels  of  the  said  Knowlton  to  steal,  take,  and  carry 
away."  This  accusation  was  not  substantiated.  To  a  third 
charge,  that  of  resisting  the  deputy  sheriff  Barzillai  Rice,  when 
he  endeavored  to  arrest  him  on  a  warrant  issued  in  consequence 
of  his  attack  upon  Knowlton,  he  pleaded  not  guilty.  The 
records  of  the  court  do  not  show  a  decision  contrary  to  the  plea. 
Of  those  who  had  been  accused  of  being  engaged  in  an  assault 
upon  Benjamin  Carpenter  in  December  last,  only  a  few  were 
arrested,  and  of  this  number  Charles  Phelps,  Abraham  Avery, 
and  Henry  Evans  pleaded  not  guilty,  and  were  sentenced  to  pay 
the  costs  of  the  prosecution,  A  nol.  jpros.  was  entered  in  behalf 
of  Henry  Evans  Jr.  Cyril  Carpenter  was  alone  found  guilty,  and 
was  sentenced  to  pay  a  fine  of  £20 ;  to  give  bonds  for  his  good 
behavior;  and  stand  committed  until  judgment  should  be  com- 
plied with. 

As  the  result  of  the  investigations  consequent  upon  the  late 
hostilities  at  Guilford,  the  grand  jurors  presented  charges  against 
a  number  of  the  Yorkers.  The  principal  count  in  the  indicfc- 
ments  was  that  in  which  the  wounding  of  Silvanus  Fisk  "  so 
that  his  life  is  greatly  despaired  of,"  was  set  forth.  Joseph 
Wells  of  Brattleborough  pleaded  guilty  to  the  charge  of  being 
engaged  in  the  proceedings  which  resulted  in  this  sad  event,  and 
was  sentenced  to  pay  a  fine  of  £20  and  the  costs  of  prosecution ; 
to  be  imprisoned  six  months ;  and  if  the  terms  of  the  whole 
sentence  were  not  complied  with  at  the  end  of  that  time,  to 
stand  committed  until  the  satisfaction  should  be  complete. 
Elijah  Curtis,  a  particijDator  in  the  same  affair,  and  who  entered 

*  MS.  Accounts,     Old  men's  narrations. 


ITS-i.]  MULC'ITXG    OF    YOKKEKS.  521 

a  plea  of  not  guilty,  was  fined  £10  and  the  costs  of  the  suit. 
On  another  indictment  to  which  Joseph  Wells  pleaded  guilty, 
the  coiu't  sentenced  the  delinquent  to  "  close  confinement "  for  six 
months,  and  fined  him  £30  and  costs.  Amos  Yaw  Jr.,  charged 
with  some  ofience,  owned  that  he  had  disobeyed  a  Vermont 
ofiicer.  To  the  remainder  of  the  indictment  in  his  case  the 
State's  attorney  entered  a  nol.  pros.  The  prisoner  was  amerced 
in  the  sum  of  £5  and  the  costs  of  suit.  Charles  Phelps  was 
tried  for  the  oifences  which  had  been  charged  against  him  in  the 
fall  of  1782,  similar  in  their  nature  to  those  which  had  resulted 
in  the  condemnation  of  Shattuck,  Church,  Evans,  and  Timothy 
Phelps.  His  plea  was  guilty.  By  the  judgment  of  the  court 
he  was  attainted  of  treason ;  was  sentenced  to  sixty  days'  im- 
prisonment ;  and  all  his  estate,  real  and  personal,  was  forfeited 
to  the  use  of  the  state.  Edward  Carj^enter,  Asapn  Carpenter, 
Shubael  Bullock,  Joseph  Chamberlain,  and  David  Thurber,  all 
of  whom  were  proved  to  have  been  engaged  in  the  disturbances 
at  Guilford,  were  fined  in  sums  varying  with  the  character  of 
the  offences  committed.  Of  the  rest  of  the  offenders,  same  were 
mulcted  in  small  amounts  ;  others  were  dismissed  on  paying  the 
costs  of  prosecution  ;  and  in  the  case  of  a  few  the  complaints 
were  withdrawn  for  want  of  evidence  to  sustain  them. 

During  the  session  of  the  court,  "Westminster  had  presented 
more  the  appearance  of  a  military  encampment  than  of  a 
peaceful  village.  With  the  departure  of  the  dignitaries  of  the 
bench,  the  lawyers  of  the  bar,  and  the  prisoners  in  the  dock., 
it  again  assumed  its  wonted  aspect,  and  the  roll  of  the  drum 
and  the  shrill  notes  of  the  fife  gave  place  to  the  music  of  the 
merry  sleigh  bells  of  winter,  and  left  to  their  jingling  notes  the 
monopoly  of  noise  for  the  rest  of  the  season. 

For  the  j)urpose  of  keeping  the  Yorkers  in  subjection,  a  por- 
tion of  the  troops,  comprising  Lieut.  Elijah  Knight^s  comjDany 
of  twenty  men,  and  Capt.  Benjamin  A\''hitney's  of  sixty-five, 
were  stationed  at  Guilford  and  in  the  adjacent  towns  until  the 
Ist  of  March  followino:.  The  eftect  of  this  watchfulness  was  to 
prevent  those  who  had  fled  from  returning,  and  had  not  the 
hospitalities  of  the  inhabitants  of  the  neighboring  state  been 
extended  to  the  refugees,  their  sufferings — multiplied  though 
they  were — would  have  been  far  more  severe  and  intolerable. 
Intent  upon  an  excursion  of  some  kind,  and  finding  but  little 
opposition  within  the  borders  of  Vermont,  a  party  of  soldiers 
set  out  on  the  20th  of  Februaiw,  with  the  determination  of 


522  HISTORY   OF   EASTERN    VERMONT.  [1784. 

securing  Daniel  Shepardson,  a  sworn  magistrate  of  tlie  state  of 
l^ew  York,  and  until  within  a  few  weeks  a  resident  of  Guilford. 
Proceeding  to  Northfield,  Massachusetts,  where  Shepardson 
had  taken  up  his  temporary  abode,  they  made  him  a  prisoner, 
although  he  was  at  that  time  within  the  jurisdiction  of  another 
state,  and  hurried  him  back  to  Vermont,  where  he  was  placed 
in  confinement.  In  many  instances  the  property,  which  the 
Yorkers  in  consequence  of  their  sudden  flight  had  left  unpro- 
tected, was  regarded  by  the  militia  as  legitimate  spoil,  and  not  a 
few  of  the  latter  manifested  an  unbecoming  pleasure  in  despoil- 
ino-  their  adversaries  of  such  necessaries  and  conveniences  of 
life  as  were  found  in  the  deserted  dwellings. 

Meantime  the  Legislature  of  New  York,  fully  alive  to  the 
unhappy  situation  of  the  citizens  of  that  state  residing  in  Yer- 
mont,  were  endeavoring  to  obtain  from  Congress  a  definitive 
settlement  of  the  dispute  between  the  contending  parties.  On 
the  2d  of  February,  James  Duane,  from  the  committee  ap- 
pointed to  prepare  instructions  to  the  delegates  from  'New  York 
in  Congress,  presented  a  report  to  the  Senate,  in  which  among 
other  recommendations,  it  was  advised,  that  the  delegates  be 
instructed  "  to  press  Congress  for  a  decision  in  the  long-pro- 
tracted controversy  respecting  the  rights  of  this  state  to  the  dis- 
trict commonly  called  the  New  Hampshire  Grants,  not  on  con- 
sideration of  public  expediency,  but  consistency  with  the  assu- 
rances of  Congress,  according  to  equity.  Tliat  they  represent, 
in  the  most  pointed  terms,  the  grievous  injustice  done  to  the 
state  by  such  delay,  especially  after  a  submission  in  compliance 
with  the  unanimous  recommendation  of  Congress,  and  claim, 
most  expressly,  a  performance  of  the  solemn  engagement  of 
Congress  to  make  the  said  decision,  on  a  pledge  no  less  sacred 
than  that  of  the  faith  of  the  United  States,  which  ought  not  to 
be  violated  on  any  pretence  whatsoever.  That  they  likewise 
represent  to  Congress  the  danger  which  may  arise  from  further 
procrastination ;  that  the  leaders  of  the  district  in  question  have 
actually  raised  troops,  and  do  now  employ  those  troops  to  re- 
duce other  inhabitants,  resident  in  said  district,  and  acknow- 
ledging "  themselves  citizens  of  this  state,  to  submit  to  the  said 
assumed  government ;  that  when  every  state  ought  to  be  in  the 
full  enjoyment  of  the  blessings  of  peace,  under  the  protection 
of  the  Union,  this  alone  is  in  the  disagreeable  situation  of  hav- 
ing hostilities  already  commenced  against  its  citizens ;  but,  that 
if  she  must  recur  to  force  for  the  jDreservation  of  her  lawful 


178-i.]        REPORT   OF   NEW    YORK    LEGISLATIVE    COMMITTEE.  523 

authority,  the  impartial  world  will  pronounce  that  none  of  the 
bloodshed,  disorder,  or  disunion,  which  may  ensue,  can  he 
imputable  to  this  Legislatm-e,  who  appeal  to  the  Journals  of 
Congress  for  the  rectitude,  moderation,  and  liberality  of  the 
measures  they  have  invariably  pursued  to  produce  an  amicable 
determination  of  the  controversy.  And  lastly,  that  they,  if 
necessary,  be  most  explicit  on  the  subject,  and  inform  Congress 
that  this  Legislature  conceive  themselves  to  be  urgently  pressed 
by  the  great  duty  of  self-preservation,  to  prepare,  without  loss 
of  time,  for  the  worst  events :  and  that,  however  sincerely  they 
are  disposed  to  maintain  the  Union,  and  to  manifest  an  invio- 
lable respect  for  Congress,  if  the  decision,  which  has  so  long  in 
vain  been  solicited,  should  not  be  pronounced  within  two 
months  next  after  nine  states  shall  be  represented  in  Congress, 
subsequent  to  this  state  being  represented  there,  no  further 
expectations  can  be  entertained  of  such  decision,  and  that  this 
state,  with  whatever  deep  regret,  will  be  compelled  to  consider 
herself  as  left  to  pursue  her  own  counsels,  destitute  of  the  pro- 
tection of  the  United  States,  to  whose  judgment  they  have 
cheerfully  submitted,  and  on  whose  justice  they  have  hitherto 
relied. 

"  The  committee  further  report  it  as  their  opinion,  that  if 
Congress  should  delay  the  decision  of  the  said  controversy  after 
the  time  above  limited,  it  ought  to  be  considered  as  a  denial  of 
justice.  That  the  act  entitled  '  An  act  to  empower  the  Con- 
gress of  the  United  States  of  America,  to  determine  all  con- 
ti-oversies  relative  to  certain  lands  in  the  counties  of  Cumber- 
land, Gloucester,  Charlotte,  and  Albany,  commonly  called  the 
New  Hampshire  Grants,'  passed  the  21st  day  of  October, 
17T9,*  ought  to  be  repealed,  in  order  that  this  Legislature  may 
be  left  at  liberty  to  propose  an  adjustment  of  the  said  dispute 
in  the  mode  prescribed  by  the  ninth  article  of  the  federal  union, 
or  to  take  such  other  measures  as  the  preservation  of  their  coun- 
try from  lawless  invasion  and  encroachment  may  require." 

On  the  6th  of  February,  before  the  instructions  had  received 
the  sanction  of  the  Legislature,  Timothy  Phelpsf  appeared  be- 

*  See  ante,  p.  365. 

f  After  escaping  from  Oliver  Watei*s  on  the  19th  of  January,  1784,  as  has  been 
previously  mentioned,  Phelps  resumed  his  journey  southward.  He  tarried  at 
Korwich  a  few  days,  where  his  wife  was  then  visiting;  and  on  reaching  the  city 
of  Xew  York  presented  to  the  Senate,  who  were  then  in  session  at  that  place, 
eleven  papers  containing  information  respecting  tlie  situation  of  the  friends  of 
New  York  in  Vermont,  which  papers  had  been  entrusted  to  his  care  by  Samiiel 


524  HISTORY    OF   EASTERN   YEEMONT.  [1784. 

fore  the  SeDate ;  testified  under  oath  to  the  maltreatment  he 
had  received  on  account  of  his  allegiance  to  New  York ;  and 
produced  a  number  of  papers  and  depositions  "  relative  to  the 
disorders  and  violences  committed  on  the  well-afiected  citizens 
of  the  state,  residing  in  the  north-eastern  parts  thereof,  by  per- 
sons under  the  authority  of  the  usurj)ed  government  commonly 
called  Yermont."  The  information  and  papers  were  immedi- 
ately communicated  to  the  Assembly,  and  were  by  them  con- 
sidered on  the  7th.  By  a  concurrent  resolution  of  the  two 
Houses,  the  whole  subject  was  referred  to  a  joint  committee 
composed  of  Messrs.  Ford,  Lamb,  ISTicholson,  Coe,  and  Lott 
from  the  Assembly,  and  Messrs.  Duane,  Paine,  and  Floyd  from 
the  Senate.  On  the  13th  Mr.  Ford,  as  chairman  of  the  joint 
committee,  rendered  his  report  to  the  Assembly.  In  it  he 
adverted  briefly  to  the  principal  events  connected  with  the  con- 
troversy, which  had  occurred  since  the  time  when  Governor 
Benning  Wentworth  made  grants  "  in  express  violation  of  a 
solemn  agreement  with  the  former  government  of  this  state, 
that  all  grants  should  be  suspended  until  the  final  decision  of 
the  Crown."  Turning,  then,  to  the  consideration  of  the  present 
condition  of  aifairs  he  observed  :• — 

"  It  appears  to  the  committee,  that  the  people  who  style 
themselves  Yermonters,  to  prevent  all  opposition  to  their  project 
of  independence,  have  actually  raised  troops  and  levied  war 
against  those  of  their  neighbors  within  the  said  district,  who 
yield  allegiance  to  the  state  of  New  York ;  that  hostilities  have 
actually  been  commenced ;  that  many  of  the  subjects  of  this 
state  have  been  imprisoned,  loaded  with  irons,  and  punished  as 
traitors  with  the  utmost  severity ;  and  that  others  have  been 
driven  from  their  habitations,  and  have  had  their  property 
confiscated,  for  no  other  reason  than  their  attachment  to  this 
state. 

"  Tliat  the  papers  which  were  submitted  to  the   committee 

Bixby,  one  of  the  justices  of  the  peace  for  Cumberland  county  by  the  appoint- 
ment of  New  York.  At  the  same  time  he  exhibited  a  complaint  and  a  deposition 
descriptive  of  his  own  suffering;s  and  condition.  While  awaiting  the  result  of  the 
deliberations  of  the  Legislature,  he  "  not  only  expended  the  little  money"  he  had 
received  from  his  friends  who  had  sent  him  on  this  mission,  but  was  obliged  to 
pawn  his  clotlies  in  order  to  procure  food  and  lodgings.  In  this  situation  he 
memorialized  the  Assembly,  begging  them  to  provide  him  with  means  sufficient 
to  pay  liis  expenses  and  "  enable  him  to  leave  the  city  with  decency  and  credit." 
His  petition  was  read  on  the  17th  of  February,  and  referred  to  Messrs.  Adgate, 
Malcom,  and  Youngs.  It  is  probable  tliat  his  sufferings  were  relieved.  Journal 
Ass.  N.  Y.,  "Zth  session,  p.  40. 


1784.]  REPORT   FROM   THE   JOINT   COM^VHTTEE.  625 

contain  sufficient  proof  of  these  facts,  and  an  earnest  appli- 
cation from  the  last  mentioned  inhabitants  to  this  state,  for 
protection. 

"  That,  upon  the  whole,  it  is  the  opinion  of  the  committee, 
that  the  most  decided  measures  ought  to  be  pursued,  without 
loss  of  time,  as  well  for  the  protection  of  our  said  suffering  citi- 
zens, as  for  the  peace  and  tranquillity  of  the  said  district. 

"That  therefore  Congress  ought  to  be  earnestly  pressed 
to  determine  the  controverey  aforesaid  ;  and  that,  to  remove  all 
uneasiness  about  the  right  of  soil,  the  concessions  respecting 
the  said  district  ought  to  be  so  far  enlarged,  as  to  confirm  to  the 
said  clainumts,  the  lands  which  they  hold  witliin  the  lines  of 
the  towns  settled  by  them,  although  they  may  be  compre- 
hended within  the  bounds  of  patents  of  prior  date,  under  the 
seal  of  'New  York.  That  this  concession  should  be  fully  gua- 
ranteed to  the  said  claimants  by  the  United  States  in  Congress 
assembled ;  and  that  it  is  the  opinion  of  the  committee,  that  a 
bill  should  be  ordered  to  be  brought  in,  for  carrying  the 
measures  aforesaid  into  effect." 

The  House  agreed  with  the  committee  in  their  report,  and 
the  same  committee  were  appointed  to  bring  in  a  bill  "  for 
carrying  into  effect  the  measures  "  they  themselves  had  recom- 
mended. On  the  27th,  instructions  to  the  New  York  delegates 
in  Congress  suggested  by  the  report  of  the  committee,  and 
additional  to  those  which  had  been  introduced  on  the  2d,  w^ere 
presented  to  the  Senate  and  adopted.  On  the  same  day  both 
sets  of  instructions  were  sent  to  the  Assembly,  and  were  con- 
curred in  by  them  on  the  2d  of  March.* 

While  the  Legislature  of  New  York  were  deliberating, 
resolving,  instructing,  and  the  inhabitants  of  the  southern 
part  of  Windham  county  were  engaged  in  attacking,  re- 
pelling, and  defending,  the  General  Assembly  of  Vermont 
convened  at  Bennington  on  the  19th  of  February  and 
continued  in  session  until  the  9th  of  March  following. 
The  present  condition  of  affairs  in  the  southern  part  of  the  state  ; 
the  means  by  which  obedience  to  constituted  authority  could  be 
enforced ;  questions  of  policy  ;  and  the  consideration  of  the 
petitions  of  Yorkers  who  had  become  obnoxious  to  punishment, 
Avere  topics  which  occupied  the  time  and  shared  the  delibera- 
tions of  the  representatives  of  the  people  on  this  occasion.     From 

*  Journal  Se:;ate,  N.  Y.,  7th  session,  pp.  16,  17,  20,  21,  42,  43,  44.  Journal 
Assembly,  N.  Y.,  7th  session,  pp.  30,  36,  37,  59,  60,  61. 


526  IIISTOEY    OF    EASTERN    VERMONT.  [l784. 

his  cell  in  "Bennington  jail,"  where  he  had  been  confined 
during  the  two  months  preceding,  William  Shattuck  on  the  24th 
of  Februar}^,  supplicated  the  Assembly  for  pardon.  His  request 
was  referred  to  a  joint  committee,  but  their  report  was  laid  on 
the  table  on  the  26th,  "for  further  consideration,"  and  was 
allowed  to  remain  there  during  the  rest  of  the  session.*  A 
petition  from  Charles  Phelps,  imprisoned  in  the  same  place, 
praying  to  be  released  from  confinement,  was,  on  the  26th, 
referred  to  a  joint  committee,  who  recommended  in  their  report 
of  the  2Tth,  "  that  the  said  Charles  Phelps  be  immediately  dis- 
charged from  his  imprisonment ;  and,  that  no  part  of  the  estate 
of  said  Phelps,  which  has  been  seized  and  confiscated  by  order 
of  the  Supreme  court,  be  sold  or  disposed  of  until  further  orders 
from  the  Assembly."  The  report  was  accepted,  and  a  bill  was 
introduced,  entitled,  "  An  act  to  discharge  Charles  Phelps  from 
imprisonment."  Having  been  read  and  accepted  in  the  Assem- 
bly, it  was  sent  to  the  Council  and  received  their  concurrence. 
On  the  same  day  Phelps  was  permitted  to  appear  before  the 
Council,  and  in  their  presence  voluntarily  took  "  the  oath  of 
allegiance  and  fidelity  to  the  state  of  Yermont."  Though,  by 
this  act,  he  obtained  his  liberty,  his  property,  which  had  been 
taken  from  him,  was  not  restored,  nor  was  that  which  remained 
allowed  to  rest  unmolested.  Debts  due  the  government  of  Ver- 
mont from  insolvent  or  absconding  Yorkers,  were  satisfied  from 
his  estate.     His  books  were  borrowed  by  Yermont  lawyers  to  be 

*  On  a  subsequent  occasion  Shattuck  petitioned  the  Council  for  his  release, 
acquiescing  in  the  justice  of  the  sentence  of  banishment  which  had  been  passed 
iipon  him  by  the  Superior  court  in  September,  1782,  and  praying  for  pardon. 
His  prayer  was  granted  on  the  12th  of  April,  1784,  and  a  resolution  was  passed, 
restoring  him  to  partial  citizenship,  and  declaring  his  estate  free  from  the  ban  of 
confiscation.  The  conditions  on  which  these  favors  were  bestowed,  were  that  Jie 
should  pay  to  the  sheriff  of  Bennington  county  £25  lawful  money,  to  meet  the 
costs  of  prosecution ;  satisfy  the  "just  demands"  of  Nathan  Fay,  the  jail  keeper, 
for  board  ;  and  give  to  the  treasurer  of  the  state  bonds  in  £100,  lawful  money, 
with  sufficient  sureties,  that  he  would  not  "  enter  or  presume  to  go  into  the  county 
of  Windham,  without  liberty  therefor  first  had  and  obtained  "  from  the  Council. 
With  these  terms  he  complied,  and  tluis  obtained  his  discharge.  A  few  weeks 
later  he  notified  to  Governor  Chittenden  the  "distressed  cii-cumstances "  of  his 
family,  and  his  inability  to  relieve  them,  except  in  person.  A  passport,  signed 
by  the  Governor  and  Councillors,  was  accordingly  granted  to  him  on  the  8th  of 
June,  nS'l,  by  whicli  permission  was  given  liim  to  visit  his  family  unmolested. 
On  the  14th  of  October,  1786,  he  prayed  the  General  Assembly  to  release  him 
from  the  payment  of  the  £25  bond.  The  application  was  dismissed  without  an 
answer.  Journals  Gen.  Ass.  Vt.,  and  Vt.  Comicil  Records,  1784.  Papers  relating 
to  Vt.  Controversy,  in  office  Sec.  State  N.  Y.,  p.  53. 


178-1.]  REMISSION    OF   FINES.  527 

used  and  kept.  His  cattle  were  divided  among  the  neighboring 
families.  Much  of  his  household  furniture  served  to  enrich  the 
best  rooms  of  his  sturdy  opponents.  A  full  pardon  granted  to 
him  by  the  General  Assembly  at  their  session  in  October 
following,  alone  saved  him  from  beggary  and  ruin. 

During  the  meeting  of  the  Council,  a  memorial  was  presented 
by  Cyril  Carpenter,  who  at  the  last  session  of  the  Superior 
court  had  been  sentenced  to  pay  a  fine  for  being  "  concerned  in 
a  dangerous  riot."  In  it  he  stated  that  he  had  since  taken  the 
oath  of  allegiance ;  that  he  intended  to  "  consider  himself  "  in 
the  future  as  a  good  and  peaceable  subject ;  that  he  was  a  poor 
man,  entirely  unable,  at  present,  to  satisfy  the  judgment  of  the 
court ;  and  that  he  desired  a  remission  of  the  fine,  or  a  suspension 
of  collection  until  he  should  be  able  to  pay.  Similar  statements 
were  made  by  othere  similarly  situated,  and  the  whole  subject 
was  temporarily  settled  by  the  passage  of  a  resolution  on 
the  28th,  directing  the  state's  attorney  for  Windliam  county 
to  suspend  the  collection  of  fines  against  Cyril  Carpenter, 
Edward  Carpenter,  Asaph  Carpenter,  Amos  Yaw  Jr.,  Shubael 
Bullock,  Elijah  Curtis,  Joseph  Chamberlain,  and  David  Thur- 
ber,  until  further  orders.* 

In  the  General  Assembly,  pursuant  to  a  motion  ofi*ered  by 
Colonel  Bradley,  the  Westminster  delegate,  a  committee,  ap- 
pointed on  the  1st  of  March,  were  authorized  to  ascertain  the 
amount  of  the  expenses  attending  the  illness  of  Sergt.  Silvanus 
risk,  occtisioned  by  the  injuries  he  had  received  from  the  Yorkers 
while  supporting  the  authority  of  ihe  state.  Tliough  the  report  of 
the  committee  was  rejected,  yet  a  resolution  was  adopted  on  the 
2d,  directing  the  payment  of  £35  on  his  behalf,  and  the  issuing  of 
orders  upon  the  "  hard  money  tax  "  for  the  purpose  of  meeting 
any  charges  which  might  remain  unsettled.f  Tlie  expediency 
of  continuing  a  body  of  troops  at  Guilford  was  considered  at 
the  same  session.  The  opinion  of  the  gentlemen  who  were 
selected  to  report  upon  this  point  was  favorable  to  a  reduction 

*  October  26th,  1784.  The  Council,  in  session  at  Rutland,  resolved,  "  that  the 
fine  of  Edward  Carpenter,  Asaph  Carpenter,  and  Cyril  Carpenter,  imposed  on 
them  by  the  Supreme  court  of  this  state,  be,  and  is  hereby  remitted."  Extract 
from  Council  Minutes. 

f  At  the  next  session  of  the  Assembly,  the  treasurer  was  directed  by  a 
resolution,  passed  October  18th,  1784,  "  to  issue  an  order  in  favor  of  Silvanus 
Fisk,  late  deceased,  who  was  wounded  in  the  service  of  this  state,  for  the  balance 
due  for  his  last  sickness,  by  the  committee  of  pay-table,  upon  either  of  the 
collectors  of  the  two-penny  tax  wilhin  tliis  state."     Journals,  etc. 


528  HISTORY    OF    EASTERN    VERMONT.  [1784:. 

of  the  force  there  stationed.  Brig.-Gen.  Samuel  Fletcher  was  there- 
fore empowered  to  proceed  to  Guilford,  and  discharge  from  ser- 
vice the  state  troops  raised  for  the  assistance  of  the  sheriif  of  Wind- 
ham county,  with  the  exception  of  one  lieutenant,  one  ensign, 
two  sergeants,  two  corporals,  and  twenty-one  rank  and  iile.  In 
fulfihnent  of  this  commission,  Fletcher  dismissed  the  militia  on 
the  1st  of  March,  retaining  only  Lieut.  Elijah  Knight,  and 
a  company  of  men  under  his  command  of  the  number  and 
character  requisite  to  meet  the  Assembly's  resolution.* 

Following  this  reduction,  the  Yorkers,  who  had  fled  across 
the  southern  hne  of  the  state,  emboldened  by  the  belief  that 
they  would  not  be  resisted  as  vigorously  as  they  had  been 
during  the  preceding  three  months,  began  to  contemplate 
a  return.  Not  unfrequently,  under  cover  of  the  night,  they 
would  visit  the  house  of  some  friendly  Yermonter,  and  engage 
for  an  hour  in  conversation  respecting  the  course  which  the 
victors  intended  to  pursue  towards  the  vanquished  in  the  future. 
Unwilling  to  be  regarded  as  recreant  to  his  duty.  Lieutenant 
Knight  redoubled  his  vigilance,  and  the  opposition  were,  in 
consequence,  more  closely  watched  than  ever  before. 

Among  the  citizens  of  Guilford  who  most  strictly  adhered 
to  the  jurisdiction  of  New  York,  David  Goodenough  was 
pre-eminent.  He  had  accepted  of  a  lieutenancy  from  that 
state  ;  had  been  imprisoned  for  this  act ;  had  been  released 
under  large  bonds ;  and  finally,  having  been  ordered  out 
of  town,  had  left  his  family  and  taken  up  his  residence  tem- 
porarily in  Massachusetts.  Desirous  of  visiting  his  wife  and 
children,  whom  he  had  not  seen  for  some  time,  and  finding  it 
necessary  to  go  by  night,  as  his  life  had  been  threatened,  he 
invited  Daniel  Spicer  of  Bernardston,  "  a  young  man  of  good 
repute,"  to  accompany  him.  Spicer  accepted  the  invitation, 
having,  however,  previously  informed  Goodenough  that  he  was 
neutral  on  the  subject  of  the  existing  controversy,  and  could 
enter  into  no  quarrel  "  with  the  Statesmen,"  as  the  Yermonters 
were  then  styled. 

Leaving  Goodenough's  quarters  at  nine  o'clock  on  the 
evening  of  the  5tli  of  March,  the  two  men  set  out  for  Guilford. 
After  proceeding  for  some  distance  on  the  main  road,  leading 
north,  they  strapped  on  their  snow-shoes,  that  they  might  be 
ready  to  pursue  their  journey  in  the  woods,  should  it  become 

*  Journals  Gen.  Ass.  Vt,  Feb.,  1784. 


lYSi.]  DEATH  OF  DANIEL  SPICER.  529 

necessary,  and  had  advanced  about  half  a  mile  within  the  limits 
of  tlie  town  of  Guilford,  when  they  were  hailed  by  a  "  Who 
comes  there  ?"  from  a  man  "  under  arms,"  who  was  stationed  at 
the  side  of  the  road.  Before  time  for  a  reply  had  been  given. 
Lieutenant  Knight  appeared  with  a  force  of  twenty  or  more 
men,  and  following  the  scout  who  had  discovered  the  two  tra- 
vellers, endeavored  to  shoot  them  down.  Aided  by  the  fog 
which  partially  concealed  the  light  of  a  full  moon,  and  which, 
in  a  narrow  road  skirted  by  a  thick  forest,  destroyed  the  effect  of 
the  reflection  from  the  snow,  Goodenough  and  Spicer  endea- 
vored to  make  good  their  escape.  Having  leaped  the  fence 
that  bordered  the  road,  they  started  for  the  woods.  Knight  and 
his  party  followed  with  threatening  and  defiant  shouts,  and 
having  approached  within  four  rods  of  Spicer,  discharged  their 
pieces  at  him.  One  bullet  tofik  effect  in  his  hip,  and  another 
passed  "  directly  through  the  trunk  of  his  body,"  causing  a  fatal 
wound.  Pausing  in  their  pursuit,  the  Vermonters  gathered 
about  the  disabled  man,  but,  as  if  destitute  of  the  common 
instincts  of  humanity,  instead  of  endeavoring  to  relieve  his 
sufferings,  they  taunted  him  upon  his  miserable  condition,  and 
"  ordered  him  to  take  his  own  knife  and  cut  off  his  snow- 
shoes,"  which  they  claimed  as  their  lawful  booty.  Tliey  then 
robbed  him  of  his  arms,  wallet,  and  money,  and  having  dragged 
him  through  the  snow,  a  distance  of  sixty  rods,  to  a  house,  left 
him  on  the  floor  weltering  in  blood,  and  departed  uttering  angry 
oaths  at  the  escape  of  the  Guilford  lieutenant,  and  expressing 
impious  regrets  that  he  was  not  then  in  the  situation  of  the 
dying  Spicer. 

Spicer  lingered  through  the  night  in  great  agony  and  died 
on  the  following  morning.  During  his  last  hours  he,  with  difii- 
culty,  related  to  William  White  and  James  Davids-on,  of  Guil- 
ford, the  circumstances  of  the  transaction.  The  facts  M'hich  he 
stated  with  his  dying  breath  were  subsequently  reduced  to 
writing  by  them,  and  sworn  to  before  Judge  Richard  Morris 
of  !N"ew  York.  A  narrative  of  the  event  was  also  prepared  by 
four  of  the  New  York  refugees,  who  had  removed  to  Bernard- 
ston,  and  was  by  them  sent  to  Governor  Clinton.  At  the  close 
of  the  latter  production,  the  honest  sympathies  of  the  narrators 
found  expression  in  these  words : — 

"  Thus  fell  the  innocent. 

"  Our  young  men  fall  by  the  sword,  and  no  one  layeth  it  to  heart. 

"  Traveller,  can  you  refrain  from  shedding  a  tear  ? 

34 


530  HISTORY    OF   EASTERN    VERMONT.  [1784. 

"  We  must  fall  victims  to  the  most  savage,  barbarous,  aud 
murderous  usage,  unless  God,  in  his  all-wise  providence,  is 
pleased  to  incline  our  fellow-countrymen  to  give  us  assistance 
in  this  dark  and  dismal  hour." 

Spicer  had  served  as  a  sergeant  in  the  militia  of  Massachu- 
setts during  the  revolutionary  war,  and  had  obtained  his  dis- 
charge in  the  month  of  June  previous  to  his  death.  As  has 
been  already  observed,  he  was  an  inhabitant  of  a  town  in  that 
state  ;  was  kindly  disposed  towards  both  the  Yorkers  and  Yer- 
monters  ;  and  had  never  been  concerned  in  the  disputes  relative 
to  the  jurisdiction  of  the  IN^ew  Hampshire  Grants.  Such  being 
the  facts,  the  conclusions  appended  to  a  distorted  account  of 
the  affair,  written  by  a  citizen  of  Yermont,  which  appeared  at 
the  time  in  Thomas's  Massachusetts  Spy,  cannot  but  be  re- 
garded as  illiberal  and  unjust.  "  Unhappily  for  the  unfortu- 
luxte  man,"  observed  the  newspaper  chronicler,  referring  to 
Spicer,  "  he  was  a  subject  of  the  state  of  Massachusetts,  but 
being  out  of  the  line  of  his  duty,  by  interfering  in  a  contention 
which  this  state  pretends  to  hold  onl}^  with  that  of  New  York, 
though  we  lament  the  death  of  a  fellow-creature,  yet  we  consi- 
der him  as  having  received  that  reward  which  is  justly  due  to 
every  one  who  espouses  a  cause  on  the  principles  of  prejudice 
and  partialit3^"* 

Fearing  that  the  people  in  the  northern  towns  of  Massachu- 
setts would  be  instigated  both  by  the  wishes  of  the  Yorkers 
residing  among  them,  and  by  a  determination  to  avenge  the 

*  MS.  Affidavits,  dated  March  29tli,  1784.  MS.  Letter  from  Timothy  Church, 
William  White,  Nathaniel  Carpenter,  Samuel  Bixby,  to  Governor  Clinton,  dated 
Bernardston,  March  10th,  1784.     Thomas's  Mass.  Spy,  No.  676,  April  8,  1784. 

The  statement  of  the  transaction  which  appeared  in  the  Spy,  and  which  is 
referred  to  in  the  text,  was  false  in  every  particular,  that  alone  excepted  which 
announced  that  Spicer  was  "  mortally  wounded"  and  that  he  expired.  It  was 
prepared  at  Windsor,  Vermont,  and  was  in  these  words : — "  We  hear  a  party  of  the 
Yorkers,  consisting  of  about  fifty,  made  a  reconnoitering  excursion  a  few  weeks 
since  in  the  night  season  ;  but  meeting  with  our  j)eople  (who  hailed  them  several 
times  and  received  no  answer),  were  fired  ujion,  by  which  one  man  was  mortally 
wounded,  who  expired  soon  afterwards.  By  him,  they  learn  that  several  had 
balls  fired  through  their  hats,  but  none  received  any  flesh  Avound." 

Jabez  Spicer  of  Leyden,  Massachusetts,  a  brother  of  Daniel  Spicer,  served  dur- 
ing a  part  of  the  years  1786  and  1787  in  the  well-known  "Shay's  Rebellion,"  and 
was  killed  on  the  25th  of  January,  in  the  latter  year,  while  engaged  with  others 
in  an  attempt  to  take  the  arsenal  at  Springfield.  It  is  said  that  he  wore  on  this 
occasion  the  same  coat  in  which  his  brother  was  clad  when  wounded  by  the  Ver- 
monters,  and  that  the  fatal  ball  passed  through  the  same  hole  which  had  been 
made  by  their  bullet.     Yt.  Gazetteer,  p,  143.     Holland's  Hist.  AVest.  Mass.,  i.  265. 


1784.]  ACTION   OF   THE   VERMONT   LEGISLATURE.  531 

death  of  Spicer,  to  attack  the  state  troops,  Lieutenant  Knight 
increased  his  force  by  levies  from  Dummerston  and  the  neig*a- 
boring  towTis.  At  the  same  time,  he  strengthened  his  outposts, 
that  he  might  have  timely  warning  of  any  hostile  incursion. 
From  the  statement  of  charges,  presented  to  the  treasurer  of 
the  state  of  Vermont,  on  account  of  services  performed  in  tliis 
emergency,  which  statement  is  still  preserved,  it  appears  that 
a  certain  "  Dan  Bill,"  and  other  friendly  Guilfordites,  rendered 
valuable  aid  as  scouts  and  expresses ;  that  John  Noyce  was 
several  times  employed  "  in  watching  y^  motions  of  y®  in- 
surgents ;"  and  that  pilots  were  engaged,  both  by  day  and  by 
night,  in  guiding  the  troops  along  the  drifted  roads  to  those 
localities  which  seemed  most  to  require  protection. 

Having  rendered  his  position  as  secure  as  circumstances 
would  permit.  Knight,  on  the  Ttli  of  March,  despatched  a 
messenger  to  the  Legislature,  who  were  still  in  session  at  Ben- 
nington, with  information  of  the  events  which  had  occurred. 
Immediate  action  was  taken  upon  the  subject,  as  presented  by 
the  messenger  and  by  the  letter  which  he  bore,  and  a  series  of 
resolutions  were  passed,  appropriate  to  the  exigencies  of  the 
occasion.  On  the  9th,  Governor  Chittenden  was  desired  to 
write  to  the  Governor  of  the  commonwealth  of  Massachusetts, 
''  on  the  subject  of  the  tumults  in  Windham  county,  requesting 
him  to  grant  warrants  for  apprehending  such  inimical  persons  " 
as  had  fled  or  might  flee  from  justice  into  that  state  from  Yer- 
mont.  General  Fletcher  was  requested  ''  to  repair  to  the  county 
of  Windham,  and  on  examining  into  the  circumstances  of  the 
disorders  there,  was  empowered  to  call  into  service  the  militia 
of  his  own  brigade,  and  of  the  other  brigades  in  the  state, 
should  he  deem  such  measures  necessary,  and  to  dismiss  them 
when  he  should  judge  best.  The  commissary  general  was 
authorized  to  collect  and  receive  the  provisions  due  on  a  pro- 
vision tax  which  had  been  levied  during  the  years  1780 
.and  1781,  in  Windham  county.  Tlie  wages  of  the  troops, 
who  might  be  called  into  service,  were  fixed  at  the  same 
i-ates  at  which  the  troops  had  been  paid  who  had  served  at 
Guilford  during  the  preceding  winter.* 

Before  the  return  of  the  messenger  from  Bennington,  a  report 
had  been  industriously  circulated  that  an  army  was  coming 
from  Massachusetts  to  avenge  the  death  of  Spicer,  and  reinstate 
the  Yorkers  in  their  possessions.     Terrified  at  this  annouuce- 

*  Journals  Gen.  Ass.  Vt,  Feb.  and  March,  1784. 


632  HISTORY   OF   EASTERN   VERMONT.  [1784. 

ment,  and  aware  of  his  inability  to  cope  with  any  considerable 
force,  Knight  retreated  in  great  haste  to  Brattleborough,  and 
summoned  the  mihtia  to  his  aid.  Here  he  subsequently  met 
Fletcher,  who  assured  him  that  no  danger  was  to  be  appre- 
hended from  the  quarter  whence  danger  had  been  expected,  and 
that  the  Yorkers  were  not  only  unprepared,  but  unable  to  make 
any  hostile  demonstration.  At  the  same  time,  Fletcher  dismissed 
the  militia  whom  Knight  had  called  out,  and  thus  succeeded  in 
quieting  the  apprehensions  of  the  people.  Beforethe  end  of  the 
month  of  March,  the  company  of  state  troops,  which  had  been 
located  in  the  southern  part  of  the  county,  was  dismissed  from  ser- 
vice, and  society  was  relieved  from  the  terrors  of  law  almost 
martial. 

At  a  town  meeting,  held  in  Guilford,  a  short  time  after  these 
events,  the  Yorkers  assembled  in  full  numbers  and  chose  Hugh 
Stowell,  one  of  their  own  party,  moderator.  Though  in  the 
majority,  they  were  constrained,  through  fear,  to  adjourn  until 
the  8tli  of  June  following,  without  transacting  any  business. 
Of  the  meeting  held  on  this  occasion,  no  account  remains,  nor 
are  any  records  to  be  found  of  the  proceedings  of  the  town  for 
the  next  seven  years.  It  is  traditional  that  both  parties  held 
public  and  private  meetings  during  that  period,  producing  thus 
a  state  of  anarchy  by  no  means  advantageous  to  the  advance- 
ment of  the  town,  or  the  welfare  of  its  citizens.  "  The  Yorkers, 
although  they  had  the  town  books,  dared  not  enter  their  pro- 
ceedings in  them,  and  both  sides  kept  secret  their  own  i-ecords. 
During  this  confusion  and  jealousy,  one  party  stole  the  records 
of  the  other  and  buried  them,  together  with  their  own,  many 
deeds,  and  a  number  of  proprietors'  papers,  in  the  earth  within 
the  town  pound."  There  they  remained  until  the  exact  locality 
of  their  concealment  was  well-nigh  forgotten.  When,  after  the 
lapse  of  several  years,  they  were  discovered  and  brought  to 
light,  they  were  so  much  mutilated,  as  to  be  entirely  illegible.* 

Soon  after  the  death  of  Spicer,  Governor  Chittenden  com-^ 
municated  the  intelligence  of  the  circumstance  to  Governor 
John  Hancock  of  Massachusetts.  Tlie  relatives  of  the  deceased 
memorialized  the  General  Court  of  that  commonwealth  on  the 
same  subject.  In  consequence  of  these  and  other  represen- 
tations, and  in  order  to  prevent  the  recurrence  of  a  similar 
event  in  connection  with  any  otlier  citizen  of  Massachusetts, 

*  Vt.  Gazetteer,  pp.  143,  lU. 


1784.]     PROCLAMATION  OF  THE  GOVERNOR  OF  MASSACHUSETTS.       533 

Governor  Hancock  published  the  following  proclamation  on  the 
26th  of  March : 

"  Whereas  an  unhappy  dispute  has  subsisted  between  some 
of  the  citizens  of  the  state  of  New  York  and  the  people  inhabit- 
ing the  territory  called  the  New  Hampshire  Grants,  or  state  of 
Vermont ;  and  it  being  probable,  from  the  present  disposition 
of  the  parties,  that  the  same  controversy  may  be  reconnnenced, 
to  the  great  distress  and  calamity  of  all  concerned  therein  ;  and 
there  being  great  reason  to  fear  that  some  of  the  citizens  of 
this  commonwealth,  who  live  on  the  borders  of  the  said  state  of 
Vermont,  may,  by  incautiously  intermeddling  with  the  conten- 
tion, involve  themselves  and  families  in  that  distress  M'hich  is  at 
all  times  the  consequence  of  civil  dissensions,  unless  care  is 
taken  to  prevent  it : 

"  I  have,  therefore,  at  the  request  of  the  General  Court, 
thought  fit  to  issue  this  proclamation,  commanding  and  enjoin- 
ing it  upon  all  the  citizens  of  this  commonwealth,  that  in  all 
and  every  controversy  now  existing,  or  that  may  hereafter 
exist  betw^een  the  citizens  of  New  York  and  the  people  inhabit- 
ing the  said  state,  or  between  any  of  them,  in  whatever  form  or 
manner  the  same  may  exist,  they,  the  citizens  of  this  common- 
wealth, conduct  themselves  according  to  the  strictest  rules  of 
neutrality ;  and  that  they  give  no  aid  or  assistance  to  either 
party  ;  but  that  those  who  live  on  the  borders  of  the  said  state, 
and  within  this  commonwealth,  sell  to  each  party  indifferently, 
such  things  as  they  have  to  sell,  without  giving  preference  to 
either;  that  they  send  no  provisions,  arms,  ammunition,  or 
necessaries  to  a  fortress  or  garrison,  besieged  by  either  party. 
And  all  the  citizens  and  inhabitants  of  this  commonwealth  are 
absolutely  and  most  solemnly  forbidden  to  take  arms  in  support 
of,  or  engaging  in  the  service,  or  contributing  to  the  conquest, 
success,  or  defence  of  either  of  the  said  parties,  as  they  will 
answer  it  at  their  j^eril." 

This  timely  warning  tended  to  allay  the  malevolent  feelings 
which  had  already  arisen  in  the  breasts  of  the  inhabitants  of 
northern  Massachusetts  against  the  people  of  Vermont,  and 
placed  in  its  proper  light  the  conduct  of  those,  who,  situated  in 
other  respects  similarly  to  Spicer,  had  escaped  his  unhappy 
fate.^ 

Among  the  acts  passed  by  the  Legislature  of  Vermont  dur- 

»  Thomas's  Massachusetts  Spy,  April  8th,  1784,  No.  676. 


534  HISTOKY   OF   EASTERN   VERMONT.  [1784. 

ing  the  February  and  March  session,  was  one  giving,  as  had 
been  given  on  former  occasions,  power  to  the  Governor  and 
Council,  during  the  recess,  to  pardon  those  persons,  residing  in 
AVindham  county,  who  liad  "  traitorously  taken  up  arms  against, 
and  otherwise  opposed  "  the  authority  of  the  state.  Numerous 
appHcations  for  pardon  were  presented,  in  consequence  of  this 
provision,  and  many  who  had  been  noted  as  "  violent  Yorkers," 
seeing  that  all  attempts  to  oppose  the  established  government 
would  be  in  vain,  quietly  submitted  to  the  jurisdiction  which 
they  had  opposed  with  so  much  determination,  and  became 
citizens  of  Vermont. 

Although  the  settlement  of  the  river  towns  had  not  been 
perceptibly  retarded  by  the  civil  dissensions  which  had  dis- 
turbed the  peace  of  a  portion  of  the  community,  yet  the 
prospect  of  a  settlement  of  difficulties  seemed  to  give  new  life 
to  society,  by  infusing  into  its  composition  the  element  of  a 
healthful  competition.  In  Windsor  county,  the  want  of  an 
appropriate  building  for  holding  the  courts  had  for  some  time 
been  acknowledged,  but  the  rivalry  existing  between  the  inland 
and  the  river  towns  had  prevented  the  selection  of  a  location. 
A  meeting  was  finally  called  by  the  authority  of  the  county,  at 
tlie  town  house  in  Windsor,  for  the  purpose  of  deciding  in  what 
town  a  court  house  and  jail  should  be  erected.  In  answer  to 
the  caU  a  few  were  present  at  the  meeting  on  the  ITth  of 
March,  but  nothing  was  accomplished,  from  the  want  of  a 
quorum.  Aware  of  the  difficulties  which  would  arise  from  a 
discussion  of  the  eligibility  of  different  localities,  and  convinced 
that  Windsor,  already  a  county  town,  afforded  the  greatest 
advantages  for  the  erection  of  a  county  building,  a  number  of 
the  citizens  of  that  place  assembled,  and  subscribed  upward  of 
£100  towards  defraying  the  expenses  of  erecting  an  edifice  fifty 
feet  in  length  and  thirty-four  in  width,  to  be  finished  in  a  man- 
ner appropriate  to  the  uses  for  which  it  was  designed.  A  com- 
petent builder  was  immediately  engaged,  and  the  structure  was 
commenced  within  three  days  afler  its  erection  had  been 
resolved  on.* 

For  the  purpose  of  inciting  the  Legislature  of  New  York  to 
action.  Governor  Clinton  laid  before  the  Senate,  on  the  2Tth  of 
March,  a  number  of  letters  containing  accounts  of  the  disorders 
prevailing  "  in  Cumberland  county,"  and  of  the  "  disagreeable 

*  Acts  Gen.  A8S.  Vt.,  March,  1*784:.  Thomas's  Masaachnsetta  Spy,  April  14th, 
1784,  ^"o.  677. 


1784:.]  ABILITY    OF   CHITTENDEN    AITD    ALLEN.  535 

situation  "  to  which  many  of  the  citizens  of  New  York  had  been 
thereby  reduced.  This  information  was  soon  after  transmitted  to 
Philadelphia,  and  Charles  De  Witt  and  Ephraim  Paine,  two  of 
the  delegates  in  Congress  from  New  York,  represented  to  that 
body,  on  the  24th  of  April,  and  in  the  plainest  terms,  their  Views 
and  those  of  their  constituents  respecting  the  course  which  had 
been  adopted  to  drive  the  Yorkers  either  into  submission  or  from 
their  homes.  But  Governor  Chittenden  and  Ethan  Allen, 
though  not  the  most  polished  rhetoricians,  possessed  by  nature 
a  forcible  style  of  expression,  and  proved  themselves  on  paper, 
as  well  as  in  the  field,  a  match  for  their  antagonists,  "While 
the  Xew  York  delegates,  on  the  floor  of  Congress,  were  depre- 
cating the  condition  to  which  many  of  the  inhabitants  in 
Windham  county  had  been  reduced,  and  M'ere  calling  on  the 
""'  impartial  world  "  to  bear  witness  to  the  "  rectitude,  modera- 
tion, and  liberality  "  of  the  measures  they  had  adopted  to  efl'ect 
a  settlement  of  the  question  of  jurisdiction,  Chittenden  declared 
that  Vermont  would  act  on  the  defensive,  and  invoked  the 
twelve  states  to  "  observe  a  strict  neutrality,  and  let  the  two 
contending  states  settle  their  own  controversy."  Allen,  too, 
urged  his  fellow-citizens  to  combine  to  support  the  "  liberty  and 
independency  "  of  the  state,  and  in  the  columns  of  the  Vermont 
Gazette  laid  before  the  public  his  own  views  as  to  the  policy 
which  should  obtain  in  the  formation  and  establishment  of  a 
nation.  During  the  sunnner,  the  congressional  committee  to 
whom  the  representation  of  Paine  and  De  Witt  had  been  re- 
ferred, reported  favorably  to  the  admission  of  Vermont  into  the 
Union.  An  effort  was  made,  on  the  3d  of  June,  to  take  into 
consideration  the  views  embodied  in  the  report,  but  Congress 
refused  to  devote  their  time  to  the  subject,  and  the  question  of 
the  controversy,  so  far  as  the  representatives  of  the  United 
States  were  concerned,  without  any  agreement  as  to  the  time 
when  it  should  be  fairly  met  and  definitely  settled,  was  left  un- 
decided, to  the  great  detriment  of  all  parties  concerned  in  its 
final  disposition.* 

At  the  session  of  the  Superior  court,  held  in  February  last, 
official  notice  had  been  taken  of  the  injury  done  to  Sergt.  Sil- 
vanus  Fisk,  and  a  presentment  had  been  made  of  those  who  it 
was  supposed  had  been  concerned  in  the  attack  in  which  he 
suffered.     Some  of  the  delinquents  had  "been  punished  at  the 

*  Vermont  Gazette,  November  18th,  1784.  Journals  Am.  Cong.  June  3d, 
1784.     Journal  Senate,  N.  Y.,  7th  session,  p.  71. 


536  HISTORY   OF   EASTERN   VERMONT.  [1784. 

time,  while  others  had  been  allowed  to  remain  unapprehended. 
On  the  28tli  of  June,  warrants  founded  on  the  indictments  of 
the  grand  jury  were  issued,  and  Henry  Ev^ans,  Samuel  Bixby, 
William  White,  Joseph  Eliot,  Samuel  Melendy,  and  Giles 
Roberts  were  brought  before  a  court  of  inquiry,  held  at  West- 
minster on  the  9th  of  July,  at  which  John  Sessions,  chief  j  udge 
of  the  county  court,  presided.  As  the  result  of  this  examina- 
tion, the  delinquents  were  bound  over  to  take  their  trial  on  the 
charges  alleged  against  them,  at  the  next  session  of  the  Supe- 
rior court.  Worn  out  by  the  indignities  to  which  for  a  long 
time  they  had  been  subjected,  and  aware  that  a  continuance  in 
their  present  course  would  only  sink  them  deeper  in  trouble, 
they  presented  their  grievances  to  the  General  Assembly  of 
Vermont  on  the  25tli  of  October.  In  the  form  of  a  petition,  they 
stated  that  they  had  for  several  years  owed  and  paid  allegiance 
to  the  United  States  and  the  state  of  New  York,  and  in  conse- 
quence of  their  loyalty  had  suffered  by  imprisonment,  confisca- 
tion of  estates,  etc.  Referring  to  the  apathy  of  Congress,  they 
acknowledged  that  they  had  lost  all  confidence  in  "  public 
faith."  Though  expressing  their  '\\allingness  to  stand  the  trial 
at  which  they  had  bound  themselves  to  appear,  they  asked  for 
pardon,  and  to  be  received  as  citizens  of  the  state. 

Another  petition  of  a  similar  import,  signed  by  twenty  of  the 
"late  disaffected  inhabitants,"  was  presented  to  the  General 
Assembly  on  the  same  dtry.  Both  paf>ers  were  referred  to  a 
committee,  who,  on  the  27tli,  reported  favorably  to  the  prayer 
of  the  petitioners.  A  bill  was  accordingly  prepared  and  passed, 
granting  a  free  pardon  to  twenty-six  persons,  who  had  previously 
been  open  and  avowed  opponents  of  the  government  of  Yer- 
mont.  Of  these,  seven  were  citizens  of  Brattleborougli,  eight- 
een of  Guilford,  and  one  of  Marlborougli.  By  the  terms  of 
the  act,  forgiveness  was  extended  to  them  for  all  the  crimes 
they  had  committed,  and  all  their  property,  real  and  personal, 
which  liad  been  taken  from  them,  as  forfeited  to  the  state,  and 
which  had  not  been  disposed  of,  was  to  be  returned,  provided 
they  should  appear  before  some  justice  of  the  peace  in  the 
county  of  Windham,  within  two  months  from  the  time  of  the 
publication  of  the  act,  and  take  the  oath  of  allegiance  to  the  state. 

In  answer  to  a  petition  from  Charles  Phelps  for  "  a  full  par- 
don," and  a  reversion  of  the  sentence  of  the  Supreme  court,  re- 
specting the  confiscation  of  his  property,  a  joint  committee  of 
the  Council  and  Assembly  stated  in  their  report,  that  he  had 


1784.]         FULL  PARDON  OF  CHARLES  PHELPS.  537 

acted  meritoriously  in  former  times,  in  endeavoring  to  prevent 
tlie  state  of  New  York  from  re-granting  the  lands  on  the  Xew 
Hampshire  Grants,  and  in  opposing  a  union  and  association  of 
the  people  of  Cumberland  county  with  K^ew  York  ;  that  he  had 
been  "  very  serviceable  to  his  country,  by  procuring  and  sell- 
ing, without  profit  to  himself,  a  quantity  of  arms,  ammunition, 
and  salt ;"  that,  on  the  other  hand,  he  had  for  a  number  of 
years  past,  been  "  exceedingly  obstinate  against  and  troublesome 
to"  the  government ;  and  had  had  tlie  sentence  of  imprison- 
ment and  confiscation  passed  upon  him  as  the  punishment  of  the 
crime  of  treason.  On  account  of  "his  former  merit,  his  advanced 
age,  and  the  bad  circumstances  of  his  family,"  they  recom- 
mended that  his  request  should  be  granted.  By  the  act  which 
passed  the  Assembly  on  the  strength  of  this  advice,  the  attain- 
der of  treason  with  which  he  had  been  disgraced  at  the  last 
session  of  the  court  was  removed,  and  directions  were  given 
that  all  his  estate,  both  real  and  personal,  with  the  exception  of 
such  as  had  been  already'  disposed  of,  should  be  restored  to  him 
on  the  payment  of  £35  lawful  money,  as  an  indemnification  to 
the  state  for  the  costs  of  prosecuting  the  various  actions  which 
had  been  brought  against  him.  Satisfied  with  the  terms  of  this 
act,  Phelps  accepted  the  pardon  for  which  he  had  asked,  and 
became,  nominally,  a  citizen  of  Vermont.  In  feeling  and  prin- 
ciple he  remained  devoted  to  the  cause  of  New  York  until  the 
day  of  his  death.  His  last  will  was  dated  at  "  New  Marl- 
borough, in  the  county  of  Cumberland  and  state  of  New  York." 
In  this  instrument,  referring  to  the  people  of  Vermont,  he  stated 
that  they  had  deprived  him  of  his  possessions,  and  thereby  re- 
duced him  to  poverty,  but  expressed  a  faint  hope  that  relief 
would  be  found  for  his  descendants  in  the  legislation  of  coming 
years.  However  mistaken  he  may  have  been  in  the  means  by 
which  he  sought  to  manifest  his  loyalty  towards  New  York,  yet 
the  sincerity  of  his  professions  in  behalf  of  that  state,  during  the 
time  in  which  he  avowed  them,  cannot  be  doubted,  and  in  the 
report  of  the  committee  of  the  Legislature  of  Vermont,  on  which 
was  based  the  act  of  pardon  which  was  passed  in  his  favor, 
even  his  enemies  acknowledged  the  good  services  he  had  done 
in  behalf  of  American  freedom,  and  bore  witness  to  his  strenuous 
endeavors  in  past  periods,  to  advance  the  interests  and  increase  the 
comforts  of  the  early  settlers  on  the  New  Hampshire  Grants.* 

*  Journals  Gen.  Ass.  Vt.,  Oct  26th,  1784.     Slade's  Vt.  State  Papers,  pp.  494, 
495. 


■538  HISTORY    OF   EASTERN    VERMONT.  [1785. 

Tlie  strenuous  measures  of  the  government  of  Yermont, 
exerted  for  several  years  with  determination,  had  at  length 
silenced  effectually  the  open  opposition  of  those  who  acknow- 
ledged the  jurisdiction  of  New  York.  The  inhabitants  of  the 
"separate  and  independent"  state,  who  for  eight  years  had 
maintained  a  civil  and  political  existence,  began  now  to  look 
forward  with  assurance  to  the  period  when  they  should  be 
recognized  as  an  integral  part  of  the  confederated  states,  and 
permitted  to  enjoy  the  benefits  arising  from  the  Union  which 
they,  to  a  certain  extent,  had  helped  to  create  and  maintain.'^ 
Though  Congress  refused  to  encourage  them  in  the  hope  that 
Yermont  would  be  admitted,  as  an  equal,  to  a  share  in  the  fede- 
ral government,  yet  the  report  had  gone  abroad  that  no  diffi- 
culty would  be  experienced  in  effecting  the  long-desired  con- 
nection. Alarmed  at  this  rumor,  Jotham  Biglow,  Timothy 
Church,  William  White,  and  Samuel  Bixby,  in  behalf  of  a 
number  of  the  "  loyal  subjects"  of  New  York,  residing  in  Guil- 
ford and  Brattleborough,  wrote  to  Governor  Clinton  on  the  18th 
of  March,  1785.  "  We  would  inform  you,"  said  they  in  this 
communication,  "  that  it  is  commonly  reported  that  there  are 
now  twelve  states  convened  at  Congress  in  the  city  of  New 
York,  besides  the  agents  from  Yermont,  who  we  do  hear  have 
reported  that  all  those  people  that  called  themselves  the  sub- 
jects of  New  York,  have  yielded  quiet  submission  unto  Yer- 
mont, and  that  they  have  taken  the  oath  of  fidelity  unto  it ; 
and  also,  how  that  the  Yermonters  have  obeyed  Congress  in 
restoring  and  in  making  good  all  our  damages  ;  and  also,  how 
that  thay  have  relinquished  the  large  fines  that  they  have  laid 
on  many  of  us  for  obeying  Congress,  or  rather,  for  disobeying 
Yermont.  Now,  kind  sir,  we  have  great  reason  to  bless  the 
great  God  of  truth,  that  we  and  many  others,  not  only  here  on 
the  Grants,  but  also  our  neighbors  in  the  Bay  state,  can  with 
truth  say,  and  do  dare  to  say,  that  there  is  no  color  of  truth  in 
such  a  report.  We  say  that  there  is  not  one  man  of  the  York 
party  who  has  taken  the  oath  of  allegiance  unto  Yermont,  ex- 
cepting only  such  of  them  as  have  been  taken  and  confined  in 

*  "  The  Verm'onters  seem  much  elated  at  the  idea  of  their  being  admitted  into 
the  confederation  of  the  United  States :  and  indeed  tliey  liave  reason  for  exulta- 
tion, since  they  will  participate  in  the  advantages,  and  have  borne  but  a  small 
part  of  the  expenses  attending  the  late  Revolution.  Their  delegates  have  arrived 
at  Congress,  and  presented  tlieir  credentials,  but  whether  they  have  taken  their 
seats,  we  are  not  informed."     Salem  (Mass.)  Gazette,  January  4th,  1785. 


1785.]    A  DKXUXCIATORY  LETTER  FKOM  THE  YORKERS.      539 

gaol,  and  fed  with  the  bread  and  water  of  affliction,  and  made 
to  suffer  both  with  cold  and  hunger,  being  in  iron  chains  and 
fetters." 

Continuing  in  this  strain,  they  declared  the  statement  that 
restitution  had  been  made  to  them  for  damages,  "  a  right-down 
falsehood  ;"  that,  on  the  contrary,  their  opponents  were  "  lay- 
ing heavy  fines  and  taxes"  on  them,  "  yea,  very  heavy  indeed ;" 
that  his  "  only  cow"  had  been  taken  from  many  a  poor  man  ; 
and  that  several  citizens  had  been  obliged  "  to  quit  their  farms 
and  flee  into  the  Bay  state  for  protection,  with  their  families, 
there  to  get  their  bread  as  they  can."  They  assured  the  Go- 
vernor that  it  was  the  fixed  determination  of  some  of  their  num- 
ber who  were  "  somewhat  low  in  the  world,"  to  "  leave  these 
regions  of  horror  as  soon  as  the  spring  doth  open,  and  fly  away, 
that  they  may  be  at  rest  from  these  Yermonters."  Every  day 
vce  are  "  in  jeopardy  of  our  lives  and  fortunes,"  said  they. 
"  "We  are  taken  for  every  offence,  let  it  be  ever  so  small ;  and 
as  certainly  as  that  we  are  taken  and  tried  by  the  Yermont  au- 
thority, we  are  obliged  to  pay  all  costs  and  damages — whether 
just  or  unjust,  it  makes  no  matter."  Having  made  known  their 
condition  by  the  presentation  of  facts  which  no  one  pretended 
to  deny,  they  concluded  their  memorial  with  a  petition,,  which 
Governor  Clinton  would  have  been  rejoiced  to  grant,  had  he 
possessed  the  power.  "  It  is  the  hearty  prayer  and  wish  of  all 
your  good  subjects  here,  that  his  Excellency  would  exert  him- 
self unto  the  uttermost  of  his  power  to  deliver  this  distressed 
people  out  of  the  hands  of  these  wicked  tyrants."  * 

Though  Congress  studiously  maintained  silence  on  the  ques- 
tion of  the  admission  of  a  new  state,  the  legislators  of  Yermont 
deemed  it  best  to  be  prepared  to  meet  any  proposals  to  that 
effect  which  might  be  offered.  On  the  18tli  of  October,  the 
General  Assembly,  then  in  session  at  Windsor,  elected  Moses 
Robinson,  Ira  Allen,  and  Stephen  R.  Bradley,  their  agents  to 
Congress.  No  opportunity  was  aftordcd  these  gentlemen  of 
initiating  negotiations  for  a  friendly  union  between  Yermont 
and  the  United  States  ;  yet  there  were  but  few  in  the  state  who 
could  have  conducted  a  transaction  of  this  nature  with  greater 
dignity  and  effect  than  they. 

Internal  dissensions  having  been  brought  to  an  end,  the  dan- 
glers of  invasion  from  a  foreign  foe  having  long  since  cease(f  to 

*  George  Clinton  Papers,  in  office  Sec.  State  N.  T.,  voL  xx.  doc.  5563. 


540  HISTORY    OF   EASTERN    VERMONT.  [1785. 

be  expected,  tlie  inhabitants  of  Vermont  began  to  turn  their 
attention  with  great  assiduity  to  the  improvement  of  the  moral 
and  civil  condition  of  the  state.  Permission  having  been 
granted  by  the  General  Assembly,  taxes  were  levied  in  various 
towns  for  the  purpose  of  obtaining  the  means  of  building 
churches  and  grammar  schools.  Old  county  houses  were  re- 
paired, and  new  ones  erected.  Communication  between  the 
different  towns  was  rendered  more  easy  by  the  construction  of 
roads.  Rivers  were  spanned  by  bridges  built  with  the  proceeds 
of  lotteries  authorized  by  law.  Ferries  were  established  at 
availaule  points  on  the  Connecticut.  The  farmer  cultivated  his 
land  with  greater  care  and  more  persevering  labor.  The  arti- 
zan  toiled  at  his  occupation  cheerfully,  and  with  good  hope  of 
the  future.  One  cause  for  disquiet  alone  remained.  The  incu- 
bus of  debt  brooded  over  many  like  a  threatening  cloud.  Pay- 
ment, if  enforced  at  this  time,  could  not  be  made  without  pro- 
ducing the  direst  want.  Wlien,  at  a  later  period,  judicial 
authority  was  invoked  to  enforce  the  execution  of  the  laws 
against  debtors,  results  followed  which  showed  but  too  plainly 
the  remoter  effects  of  the  revolution,  which  for  seven  years  had 
wasted  the  energy  and  expended  the  treasure  of  a  nation. 


CHAPTER  XX. 

THE   ADMISSION   OF   VERMONT   INTO   THE   UNION. 

Petitions  of  citizens  of  New  York  who  had  suffered  loss  in  Vermont — Statement  of 
their  losses — Report  of  committee  of  the  New  York  Legislature  on  the  petition 
— Commissioners  of  the  Land  Office  appropriate  lands  for  the  sufferers,  situ- 
ated in  Clinton,  now  Bainbridge — Governor  Chittenden's  address  to  the  people 
of  Vermont — Insurrection  at  Windsor — Trial  of  insurgents — Another  disturb- 
ance— Military  called  out — Obedience  to  law  enforced — Laws  relieving  the 
distresses'  of  the  people — Disposition  among  prominent  citizens  of  New  York, 
favorable  to  the  acknowledgment  of  Vermont  as  an  independent  state — Bill  for 
this  purpose  introduced  into  the  Legislature  of  New  York — Hamilton's  speech 
in  its  behalf — It  fails — Bounds  of  Cumberland  and  Gloucester  counties — ^Adop- 
tion of  the  constitution  of  the  United  States — Correspondence  between  Na- 
thaniel Chipman  and  Alexander  Hamilton — Commissioners  appointed  by  New 
York  to  declare  Vermont  a  separate  state — Commissioners  appointed  by  Ver- 
mont to  meet  them — Other  commissioners  appointed  by  New  York — Delibera- 
tions of  the  commissioners  of  the  two  states — Report  of  the  New  York  com- 
missioners— Is  approved  of  by  the  Legislature  of  Vermont,  who  pass  an  act  for 
paying  .$30,000  to  New  York,  as  an  indemnity — Convention  at  Bennington  for 
considering  the  expediency  of  asking  for  Vermont  admission  into  the  Union — 
Negotiations — Vermont  becomes  one  of  the  United  States — Division  of  the 
$30,000  among  the  New  York  claimants. 

By  their  opposition  to  tlie  government  of  Yermont,  the  sup- 
porters of  New  York  residing  in  the  sonthern  part  of  Windham 
county  had  lost  many  of  their  personal  eflects ;  had  been 
obliged  to  neglect,  to  a  certain  extent,  the  cultivation  of  their 
farms,  and  the  care  of  their  premises  ;  and  had  suffered  incon- 
veniences, serious  and  without  number.  These  causes,  com- 
bined with  the  fines  and  imprisonment  to  which  they  liad 
been  sul)jected,  had  reduced  them  to  a  condition  of  poverty 
from  which  they  could  not  well  recover  without  assistance. 
On  the  24th  of  February,  1T86,  Timothy  Church,  William 
Shattuck,  and  Henry  Evans  addressed  a  petition  to  the  Legisla- 
ture of  New  York  on  the  subject  of  the  losses  which  they  and 
their  fellow-sufferers  had  sustained.     In  this  paper  they  stated 


542  •  HISTORY    OF    EASTERN    VERMONT.  [1786. 

that  they  and  their  friends,  "  by  their  attachment,  zeal,  and 
activity  in  endeavoring  to  support  the  just  and  lawful  authority 
of  ]^ew  York,"  had  incurred  the  displeasure  of  those  "  who 
styled  themselves  freemen  of  Vermont ;"  that  they  had  been  led 
to  believe  by  the  resolutions  of  Congress — especially  those  of" 
the  5th  of  December,  1782 — and  by  the  laws  and  declarations 
of  the  Legislature  of  New  York,  that  "  the  lawless  and  ungrate- 
ful usurpers"  of  the  jurisdiction  of  that  state  "  would  be 
brought  to  submit  to  its  lawful  authority  ;"  that  they  had  been 
deceived  in  these  reasonable  expectations  ;  and  that  their  oppo- 
nents had  "  risen  in  arms  to  the  number  of  four  or  five  hun- 
dred" against  them,  had  killed  one  and  wounded  others  of  their 
number,  had  driven  some  from  their  habitations  or  imprisoned 
them,  and  had  confiscated  the  estates  and  sold  the  effects  of 
many.  "  Your  petitioners  cannot  but  hope,"  they  observed  in 
conclusion,  "  that  having  thus  sacrificed  their  all  ;  suflfered 
such  exquisite  tortures,  banishments,  imprisonments  in  loath- 
some gaols,  half-starved  and  threatened  with  being  put  to 
ignominious  deaths,  but  that  your  honors  will  take  their  case 
into  your  most  serious  consideration,  and  grant  them  some 
relief  in  their  deplorable  situation.  And  your  petitioners,  as  in 
duty  bound,  will  ever  be  good  citizens  of  the  state  of  New 
York."* 

This  petition  was  read  in  the  Senate  on  the  27th,  and  was 
committed  to  Messrs.  Williams,  L'Hommedieu,  and  Douw.  On 
the  28th,  Church,  Shattuck,  and  Evans  prepared  a  verified  list, 
containing  not  only  the  names  of  those  who  had  suffered  on 
account  of  their  attachment  to  New  York,  but  also  a  statement 
of  the  amount  of  damages  they  had  sustained.  By  this  it 
appeared  that  of  those  who  had  been  either  imprisoned, 
banished,  or  deprived  of  their  effects,  four  were  civil  ofiicers, 
twenty-one  military  officers,  and  nearly  a  hundred  private 
soldiers.  It  was  also  shown  that  their  losses  amounted  to 
£16,663  13s.  8d.  On  the  1st  of  March,  Mr.  L'Hommedieu, 
from  the  committee  to  whom  was  referred  the  petition,  pre- 
sented the  following  report : — 

"  It  appears  to  the  committee,  that  the  petitioners,  with 
many  others  holding  offices,  both  civil  and  military,  under  the 
authority  of  this  state,  with  other  inhabitants  of  the  county  of 
Cumberland,  have  greatly  suffered  in  their  persons  and  estates, 

*  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  N.  Y.,  p.  51.  Doc. 
Hist.  N.  Y.,  iv.  1014,  1015. 


1786.]  GRANTS   TO   CHURCH,    SHATTUCK,    AND   OTHERS.  543 

and  are  still  subject  to  heavy  fines  imposed  by  the  authority  of 
the  assuined  state  of  Vermont,  for  no  other  crime  than  support- 
ing the  lawful  authority  of  this  state  in  the  said  county,  which 
they  from  time  to  time  have  done,  in  pursuance  of  sundry  reso- 
lutions of  Congress,  the  several  laws  of  this  state,  and  the 
directions  of  their  superiors  in  office.  That  the  petitioners,  with 
others  whom  they  represent,  being  deprived  in  a  great  measure 
of  the  means  of  subsistence,  and  having  become  odious  to  the 
present  government  of  the  said  assumed  state,  by  reason  of 
their  supporting  the  laws  of  this  state  in  the  said  county,  are 
unable  to  continue  longer  in  the  said  county  vvithout  the  great- 
est inconvenience  to  themselves  and  families,  and  are  desirous 
of  removing  immediately  into  the  western  parts  of  this  state, 
provided  they  could  procure  vacant  lands  fit  for  cultivation. 
That  in  the  opinion  of  your  committee,  the  said  petitioners  and 
others  whom  they  represent,  have  a  claim  on  the  state  for  some 
compensation  for  their  suff'erings  and  losses,  and  that  it  will  be 
proper  for  the  state  to  grant  to  the  petitioners  and  the  pei'sons 
they  represent,  a  quantity  of  vacant  land  equivalent  to  a  town- 
ship of  eight  miles  square." 

After  reading  the  report,  Mr.  L'JrIommedieu  delivered  it  in 
"  at  the  table,"  where  it  was  again  read,  and  agreed  to.  There- 
upon, the  Senate  resolved  "  that  the  Legislature,  during  their 
present  meeting,  will  make  provision  for  granting  to  C(j1°  Ti- 
mothy Church,  Major  William  Shattuck,  Major  Henry  Evans, 
and  about  one  hundred  other  persons  whom  they  represent,  a 
quantity  of  vacant  lands  equal  to  a  township  of  eight  miles 
square."  A  copy  of  this  resolution  was  immediately  sent  to 
the  Assembly,  and  on  the  same  day  a  resolution  of  concurrence 
was  returned  to  the  Senate.* 

Soon  after  these  proceedings,  measures  were  taken  to  com- 
ply with  the  determination  expressed  in  this  concurrent  resolu- 
tion. The  result  of  these  etforts  was  seen  in  the  twentieth 
clause  of  "  An  act  for  the  speedy  sale  of  the  unappropriated 
lands  within  the  state,  and  for  other  purposes  therein  men- 
tioned," passed  on  the  5th  of  May.  By  this  clause,  it  was 
enacted  that  "  it  shall,  and  may  be  lawful  to,  and  for  the  said 
commissioners  [of  the  land  office],  to  appro[u-iate  a  tract  of  land 
equal  to  eight  miles  square,  in  any  of  the  townships  to  be  laid 

*  Journal  Senate  N.  Y.,  9th  session,  pp.  32,  35,  36.  Journal  Assembly  K  Y., 
9tli  session,  p.  64.  Papers  relating  to  Vt.  Controversy,  in  office  Sec.  State  N.  Y., 
p.  53.     Doc.  Hist.  N.  Y.,  iv.  1015-1017. 


544  HISTORY   OF   EASTERN   VERMONT.  [1786. 

out  in  pursuance  of  this  act,  for  the  use  of  Colonel  Timothy 
Church,  Major  William  Shattuck,  and  Major  Henry  Evans,  and 
such  other  persons  of  the  counties  of  Cumberland  and  Glouces- 
ter, as  shall  be  deemed  by  the  said  commissioners  to  be  suffer- 
ers in  opposing  the  government  of  the  pretended  state  of  Ver- 
mont, and  to  grant  the  land  in  such  township,  in  such  propor- 
tion to  each  of  such  sufierers,  as  to  the  said  commissioners  shall 
seem  meet  and  proper,  and  to  direct  letters  patent  to  be  pre- 
pared accordingly,  and,  having  approved  of  the  same,  the 
Governor,  or  person  administering  the  government  of  this  state 
for  the  time  being,  shall  cause  the  great  seal  of  this  state  to  be 
aifixed  thereto."  * 

On  the  6th  of  May,  the  day  following  the  adoption  of  this 
act,  a  meeting  of  the  commissioners  of  the  land  office  was  held 
in  the  city  of  New  York,  at  the  office  of  the  secretary  of  state. 
Recognizing  the  full  force  of  the  act,  the  title  of  which  has 
been  already  cited,  and  of  a  resolution  they  had  previously 
passed,  in  which  they  described  generally  the  land  which  they 
intended  to  bestow  upon  those  who  had  suffered  in  the  service 
of  the  state — the  commissioners  resolved  "  that  the  following 
tract  of  land  equal  to  eight  miles  square,  in  a  township  to  be 
laid  out  agreeable  to  the  said  act  and  the  preceding  resolution, 
be  and  is  hereby  appropriated  for  the  use  of  Colonel  Timothy 
Church,  Major  William  Shattuck,  and  Major  Henry  Evans, 
and  such  other  persons  of  the  counties  of  Cumberland  and 
Gloucester  as  shall  be  deemed  by  this  board  to  be  sufferers  in 
opposing  the  government  of  the  pretended  state  of  Yermont,  to 
wit : — Beginning  at  a  point  on  the  west  bank  of  the  Unadilla 
or  Tianaderha  river,  one  mile  northerly  from  where  the  same 
empties  itself  into  the  Susquehanna,  and  thence  running  down 
the  said  river  to  the  mouth  thereof,  thence  southerly  along  the 
line  run  by  Simon  Metcalfe  for  the  line  of  cession,  commonly 
called  the  line  of  property,  established  at  the  treaty  with  the 
Indians  at  Fort  Stanwix  in  the  year  1768,  eight  miles,  and 
extending  from  thence  and  from  the  place  of  beginning  west  so 
far  as  to  include  40,960  acres,  the  north  and  south  bounds  to  be 
east  and  west  lines,  and  the  west  bounds  to  be  a  north  and 
south  line,  and  that  a  certified  copy  of  this  resolution  be  a  suf- 
ficient warrant  to  the  surveyor  general  to  survey  the  same." 

The  prosecution  of  the  claims  of  the  New  York  adherents 

*  Laws  of  New  York,  9tli  session,  p.  133. 


1Y86.]  DISTEIBU'nON   OF   LA2sD,  545 

was  entrusted  to  the  care  of  Timothy  Church  and  William 
Shattuck.  On  the  11th  of  July,  at  a  meeting  of  the  commis- 
sion-ers  of  the  land  office,  held  in  the  city  of  IS^ew  York,  they 
produced  to  the  board  "  a  list  of  the  names  of  one  hundred  and 
seven  persons,  inhabitants  of  Cumberland  county,  with  their 
affidavit,  proving  that  the  said  persons  were  sufferers  in  oppos- 
ing the  government  of  the  pretended  state  of  Vermont,  and 
that  the  quantity  set  down  on  the  said  list  opposite  to  the 
names  of  the  respective  persons,  are  the  proportions  which  they 
would,  on  an  estimate  of  their  respective  losses  of  property 
and  time,  and  sufferings  by  imprisonment,  respectively  be  enti- 
tled to,  of  the  tract  of  eight  miles  square,  appropriated,  agree- 
able to  law,  by  this  board  for  their  use,  on  a  presumption  that 
there  were  no  other  sufferers."  On  a  closer  investigation,  the 
board  concluded  that  thei*e  might  be  other  persons  equally  en- 
titled to  "  the  bounty  of  the  state,"  whose  names  were  not 
inserted  in  the  list  presented  by  Church  and  Shattuck.  Tliis 
opinion  was  sustained  by  the  fact  that  the  list  did  not  "  in  any 
instance  extend  to  the  inhabitants  of  Gloucester  coimty."  A 
resolution  was  therefore  passed,  "  that  there  be  reserved  of  the 
tract  appropriated  as  aforesaid,  the  quantity  of  6,400  acres, 
equal  to  ten  lots,  to  satisfy  the  claims  of  such  of  the  said  suffer- 
ers as  may  not  be  included  in  the  list  now  produced." 

The  board  then  proceeded  to  the  consideration  of  the  claims 
of  the  several  persons  named  in  the  list,  and  having  acknow- 
ledged them  "  to  be  sufferers  in  opposing  the  government  of 
the  pretended  state  of  Vermont,"  distributed  among  them,  in  a 
ratio  proportionate  to  their  losses,  fifty-four  lots  of  640  acres 
each,  reserving  ten  lots  of  640  acres  each  to  meet  any  just 
demands  for  compensation  that  might  be  made  in  the  futm'e. 
Of  the  land  thus  granted,  Timothy  Church  received  3,840 
acres ;  William  Shattuck,  3,200  acres ;  Henry  Evans,  1,920 
acres ;  Francis  Prouty,  1,180  acres ;  Hezekiah  Stowell,  840 
acres;  William  White,  Joseph  Peck,  Daniel  Ashcraft,  and 
David  Thurber,  each  640  acres ;  Charles  Phelps,  508  acres ; 
James  Davidson,  500  acres ;  and  the  rest  smaller  quantities.* 

*  Daniel  Shepardson  received  280  acres.  On  the  4th  of  July,  1*786,  a  few  days 
before  the  allotment  was  made,  he  -wrote  to  Governor  Clinton  from  Guilford,  in- 
forming his  Excellency  that  he  was  dissatisfied  with  the  statements  that  Mr.  Shat- 
tuck had  presented  concerning  his  (Shepardson's)  losses  by  the  Vermonters.  At 
the  same  time,  he  communicated  an  epitome  of  his  losses  in  these  words : — "  By 
the  Best  Istemate  that  I  Can  make  on  the  Whole  for  Time  and  Money  Spent  and 
for  My  Catel  that  have  Bin  taken  from  me  By  the  Varmontears  and  for  Being 

35 


546  HISTORY    OF   EASTERN   VERMONT.  [17SG. 

But  in  no  case  did  any  one  person  receive  less  than  90  acres. 
Of  the  reserved  lands,  lots  of  640  acres  each  were,  on  the  12th 
and  14th  of  September,  divided  among  certain  of  the  sufferers 
who  had  neglected  to  apply  for  compensation  at  the  appointed 
time.* 

Tlie  land  granted  to  "the  sufferers  in  opposing"  the  go- 
vernment of  Vermont  was,  at  the  time  of  the  grant,  located  in 
Montgomery  county.  It  formed  "  a  part  of  a  larger  tract " 
which  the  province  of  New  York  had  purchased  of  the  Oneida 
and  Tuscarora  Indians,  in  the  year  1768,  and  was  known  in  the 
records  of  the  land  office  and  on  the  pages  of  the  field  books  as 
a  part  of  'No.  2,  or  Clinton  township.  In  the  year  1791,  the 
land  which  had  been  appropriated  to  the  "  sufferers,"  and  a 
sufficient  quantity  additional  to  make  an  area  of  48,000  acres, 
was  erected  into  a  township  by  the  name  of  Jericho.  On  the 
1st  of  June,  1814,  the  name  of  the  .township  was  changed  to 
Bainbridge,  in  honor  of  Commodore  William  Bainbridge, 
whose  victory,  as  commander  of  the  Constitution,  over  the 
British  frigate  Java,  was  at  that  time  the  theme  of  remark  and 
admiration  throughout  the  United  States.  Bainbridge  is  situ- 
ated in  the  south-eastern  corner  of  the  county  of  Chenango.  The 
Susquehanna  river  runs  through  the  township  from  the  north-east 
to  the  south-west,  and  divides  it  diagonally.  "  The  inhabitants 
came  principally  from  the  Eastern  States,"  observes  Mr.  Spaf- 
ford  in  his  Gaz;etteer  of  the  State  of  New  York,  "  and  it  is 
almost  superfluous  to  add  that  common  schools  for  the  educa- 
tion of  youth  are  well  supported."f 

maid  prisoner  allso  for  my  Beeing  Drove  from  my  Famaly  and  farm  a  Bout  five 
Months,  their  Distressing  my  famaly  and  taking  provishon  from  my  house  when 
I  was  in  Exile  allso  their  taking  my  Son  prisonr  who  was  a  Solger  under  C"p  Peck 
and  for  two  fire  arms  and  for  Many  more  Damages  too  Neiimorous  to  Menshun 
the  which  I  Sustaned  By  Vermont  [my  losses  are  equal]  To  the  Amount  of  Four 
Hundred  Dolars  And  for  the  Better  understanding  I  wood  Refer  His  Excelency 
Unto  M'"'  Evens  Who  is  Best  aquanted  with  my  Affairs."  It  is  probable  that  this 
information  arrived  too  late  to  affect  the  decision  of  the  commissioners.  Papers 
relating  to  Vt.  Controversy,  in  ofiice  Sec.  State  N.  Y.,  p.  55. 

*  Land  Office  Minutes,  in  office  Sec.  State  N.  Y.,  1Y84-1788,  i.  160,  170,  194- 
198,  220,  221,  224,  225.     Doct.  Hist.  N.  Y.,  iv.  1017-1020. 

The  names  of  the  "  sufiferers"  who  were  recompensed  in  lands,  the  quantity 
they  received,  the  time  when  the  grants  were  made,  and  other  particulars  relat- 
ing to  this  subject,  will  be  found  in  Appendix  K. 

f  Tlie  town  of  Bainbridge,  by  the  name  of  Clinton,  was  situated  in  the  county 
of  Montgomery  until  February  16th,  1791,  when  Tioga  county  was  taken  from 
Montgomery.  At  that  time  Bainbridge,  by  the  name  of  Jericho,  was  organized 
as  a  part  of  Tioga.     On  the  15th  of  March,  1798,  portions  of  Herkimer  and  Tioga 


1786.]  WISE    ADDRESS    OF   GOVERNOR   CHITTENDEN.  5i7 

While  the  Legislature  of  New  York  were  endeavoring  to 
compensate  those  of  their  citizens,  who  in  maintaining  the 
jurisdiction  of  that  state  on  the  "  Grants,"  had  lost  much  of 
their  real  and  personal  estate,  the  government  of  Yermont  was 
engaged  in  devising  measures  to  satisfy  the  wants  of  its  own 
citizens.  During  the  summer,  "  the  sufferings  of  the  people 
becoming  severe,  and  their  complaints  loud,  on  account  of 
the  extreme  scarcity  of  money.  Governor  Chittenden,  in  the 
month  of  August,  published  an  address  to  the  inhabitants 
of  the  state,  which  was  evidently  dictated  by  a  paternal  regard 
for  their  welfare  and  happiness."  In  this  carefully  considered 
paper,  he  earnestly  exhorted  his  fellow-citizens  to  be  industrious 
and  economical ;  to  avoid,  as  much  as  possible,  the  purchase  of 
foreign  productions  ;  and  to  devote  their  attention  to  the  raising 
of  flax  and  wool,  and  the  various  articles  necessary  for  food 
and  clothing.  He  counselled  them  to  exercise  prudence  and 
diligence  in  business ;  mutual  forbearance  and  kindness  in  their 
relations  with  one  another  ;  and  a  true  regard  for  the  safety  of 
the  state.  By  this  course  of  conduct,  and  by  the  assistance 
which  the  Legislature  would  afford  at  their  next  session,  he 
expressed  a  hope  that  their  sufferings  would  be  brought  to  a 
speedy  termination,  and  they  become  "  a  prosperous  and  happy 
people."* 

In  accordance  with  the  promise  of  Governor  Chittenden, 

counties  were  formed  into  a  county  by  the  name  of  Chenango.  Since  that  time, 
Bainbridge — by  the  name  of  Jericho  imtil  1814,  and  subsequently  by  the  name  of 
Bainbridge — has  formed  a  part  of  Chenango  county.  The  village  of  Bainbridge, 
now  a  "large  and  thriving"  place,  was  incorporated  by  an  act  of  the  Legislature 
of  N^ew  York,  passed  April  'ilst,  1829.  The  other  settlements  in  the  town  are 
known  as  East  Bainbridge,  North  Bainbridge,  South  Bainbridge,  and  Bettsburgh. 

In  the  laws  of  New  York,  appended  to  the  act  for  "  altering  the  name  of  the 
town  of  Jericho  in  the  county  of  Chenango  "  to  Bainbridge,  which  was  passed  on 
the  15th  of  April,  1814,  appears  the  following  note,  by  the  patriotic  editor  of  the 
volume,  inserted  in  brackets: — "The  name  of  Bainbridge  will  be  held  dear  by 
every  American  who  loves  his  country  and  admires  the  heroes  who  defend  it. 
The  inhabitants  of  Jericho  have  evinced  much  patriotism  in  the  alteration  of  the 
name  of  this  town.  We  have  now  counties  and  towns  bearing  the  names  of 
Washington,  Clinton,  Gates,  Jay,  Preble,  Decatur,  Perry,  and  Bainbridge,  besides 
others  in  honor  of  our  revolutionary  and  naval  heroes." — Maps  in  Book  of 
"Deeds,"  in  office  Sec.  State  N.  Y.,  xx.  568—570.  Map  No.  57,  in  office  Sec. 
State  N.  Y.  Laws  of  New  York,  1791,  14th  session,  chap.  x.  Greenleafs  ed.,  ii. 
341 ;  1798,  21st  session,  chap.  xxxi. ;  1799,  22d  session,  2d  meeting,  chap,  xxxiii. ; 
1814,  37th  session,  chap,  clxxx.  p.  213;  1829,  5-2d  session,  chap,  cxcviii.  pp.  302 — 
308.  Spafford's  N.  Y.  Gazetteer,  Art.  Jericho.  Biog.  Am.  Military  and  Naval 
Heroes,  ii.  143—176.     Barber's  N.  Y.  Hist.  Coll.,  ed.  1S41,  pp.  99,  100. 

*  Thompson's  Vt.,  Part  II.  p.  79. 


548  HISTORY    OF    EASTERN    VERMONT.  [1786. 

measures  were  taken  by  the  Legislature  during  their  session  in 
October,  to  relieve  the  embarrassments  of  the  people.  Those 
who  were  inclined  to  suffer  inconvenience  rather  than  disturb 
the  peace  of  the  state,  ceased  to  complain,  and  endeavored  to 
quiet  the  murmurings  of  their  neighbors.  Others  who  owed 
money  and  who  did  not  intend  to  pay  their  debts,  determined 
"  to  prevent  the  sitting  of  the  courtg  in  which  judgments  and 
executions  might  be  obtained  against  them."  By  the  terms  of 
the  statute,  a  session  of  the  court  of  common  pleas  for  the 
county  of  "Windsor  was  appointed  to  be  held  at  "Windsor  on 
Tuesday  the  31st  of  October.  On  the  morning  of  that  day,  a 
mob  of  about  thirty  armed  men,*  from  the  towns  of  Barnard 
and  Hartland,  under  the  command  of  Robert  Morrison,  a  Hart- 
land  blacksmith,  and  Benjamin  Stebbins,  a  Barnard  farmer, 
assembled  near  the  court  house  at  Windsor,  a  little  after  sun- 
rise. Though  no  movements  to  that  effect  were  made,  yet  their 
obvious  design  was  to  hinder  the  sitting  of  the  court.  Prompt 
in  the  discharge  of  duty,  Stephen  Jacob  the  state's  attorney, 
and  Benjamin  "Wait  the  high  sheriff,  waited  on  the  malcontents ; 
read  to  them  the  riot  act  and  several  other  acts  relative  to  un- 
lawful assemblages  ;  made  proclamation  to  them  to  disperse ; 
addressed  them  on  the  "  impropriety  of  their  proceedings ;"  and 
kindly  advised  them  to  return  peaceably  to  their  homes.  After  a 
little  hesitation,  they  concluded  to  obey  the  laws,  and  dispersed.f 
The  court  convened  in  the  afternoon,  adjourned  to  the  next 
morning,  and  then  proceeded  to  business  without  any  further 
molestation. 

On  Tuesday,  the  14th  of  ISTovember,  a  term  of  the  Supreme 
court  was  held  at  "Windsor,  Paul  Spooner,  chief  judge,  presiding, 
assisted  by  Nathaniel  Niles,  Nathaniel  Chipman,  and  Luke 
Knowlton,  side  judges.  "Warrants  were  immediately  issued  for 
the  arrest  of  the  rioters,  and  Morrison  and  several  of  his  men 
were  taken  and  placed  in  confinement.  Complaints  were  then 
exhibited  against  them  by  Stephen  Jacob.  In  these  it  was  charged 
that  they,  on  the  31st  of  October,  "  with  guns,  bayonets,  swords, 

*  In  the  complaint  exhibited  by  the  state's  attorney,  in  the  action  of  the  free- 
men against  the  rioters,  the  persons  charged  with  being  engaged  in  this  disturb- 
ance, were  Amos  Bicknal,  John  Whitcomb,  and  Solomon  Aikin  of  Barnard; 
Moses  Lull,  Daniel  Munsell,  Daniel  Muusell,  Jr.,  Thomas  Lazel  Munsell,  and  Hira 
Flowers  of  Hartlaud;  and  "  divers  others  to  the  said  attorney  unknown."  MS. 
Court  Papers. 

•j-  In  one  account  the  following  statement  appears: — "The  insurgents  being 
disappointed  in  their  views,  dispersed." 


17S0.]  WINDSOR   EIOTS.  549 

clubs,  drums,  fifes,  and  other  warlike  instruments,  unlawfully, 
routouslj,  and  tumultuously  did  assemble  and  gather  themselves 
together,  to  disturb  and  break  the  peace  of  the  state ;"  and  that 
being  thus  assembled,  they  did  "parade  themselves  in  the  front 
of  the  court-house  in  said  Windsor  in  martial  array,  and  with 
fixed  bayonets  did  resist,  obstruct,  and  hinder  "  the  sherifi"  of  the 
county,  and  the  county  court  "from  entering  the  said  court 
house,  and  them  did  impede  from  opening  and  holding  the  said 
court,  then  and  there  by  law  to  be  opened  and  holden."  To 
these  charges  Morrison  pleaded  guilty  and  threw  himself  upon 
the  mercy  of  the  court.  The  comt  sentenced  him  to  sufier  one 
month's  imprisonment ;  to  procure  bonds  of  £100  for  his  good 
behavior  for  two  years ;  to  pay  a  fine  of  £10,  and  to  bear  the 
costs  of  the  suit.  Tlie  punishment  of  the  other  offenders,  who 
either  pleaded  or  were  found  guilty,  was  proportioned  to  the 
offences  they  had  committed. 

Soon  after  the  result  of  the  trial  had  been  announced,  about 
fifty  of  the  insurgents,  most  of  whom  resided  in  Hartland, 
assembled  under  arms  at  the  house  of  Captain  Lull,  in  that 
town,  five  miles  north  of  the  Windsor  court  house,  with  a  fixed 
determination  to  rescue  Morrison  from  imprisonment.  The 
coui't  having  been  informed  of  these  proceedings  on  the  16th  of 
l!^ovember,  directed  the  sheriff  to  procure  assistance,  proceed  to 
the  place  where  the  insurgents  were  collected,  arrest  them,  and 
commit  them  to  prison.  In  obedience  to  these  commands 
sherifl'  Wait,  who  was  also  Colonel  of  the  third  regiment  of  the 
Vermont  militia,  ordered  Captain  Dart  of  Weathersfield  to 
march  his  company  to  Windsor.  On  the  evening  of  the  same 
day,  the  soldiery  of  the  latter  place  assembled  to  aid  the  civil 
authority.  The  court  and  some  of  the  higher  military  officers 
then  called  a  council,  and  having  taken  into  consideration  the 
situation  and  character  of  the  mob,  determined  that  it  would 
be  true  policy  to  take  them  by  surprise.  In  conformity  with 
this  conclusion,  Colonel  Wait,  with  a  force  of  forty  men  well 
armed,  set  out  for  the  encampment  of  the  insurgents  very  early 
on  the  morning  of  the  17th,  and  after  a  march  of  more  than 
five  miles,  reached  it  between  the  hours  of  three  and  four. 

Having  escaped  the  notice  of  the  guards  by  taking  a  circui- 
tous route,  Wait  and  his  men  entered  Captain  Lull's  house  in 
two  divisions,  and  after  a  short,  but  "  very  resolute "  attack, 
captured  twenty-seven  of  the  insurgents.  During  the  conflict 
the  leaders  of  the  revolt  escaped.     So  expeditiously  was  this 


550  HISTORY    OF    EASTERN    VERMONT.  [1786. 

service  performed,  that  Wait's  party  returned  to  AVindsor  and 
lodged  the  culprits  safely  in  the  jail  at  that  place,  before  sun- 
rise. Though  the  victory  over  the  insurgents  was  gained  with 
comparative  ease,  yet  several  wounds  were  received  by  the 
sheriff's  party.  Stephen  Jacob,  the  state's  attorney,  did  not 
escape  without  injury,  and  Wait  himself  was  "badly  wounded  in 
the  head."*  Still  he  was  able  to  attend  court,  and,  observed  a 
chronicler  of  that  time,  would  "  have  headed  his  regiment  if 
necessity  had  required  it."  The  results  of  this  attack  would 
have  been  far  more  disastrous,  but  for  the  humanity  and  firm- 
ness evinced  by  the  military.  The  conduct  of  Captain  Dart 
was  highly  applauded,  and  it  was  publicly  announced  at  the 
time  that  he  and  his  company  were  entitled  to  "  the  particular 
thanks  of  the  freemen "  of  the  state. 

On  the  18th  the  state's  attorney  exhibited  a  complaint  against 
the  insurgents,f  in  which  they  were  charged  with  having 
assembled  for  the  purpose  of  hindering  the  Supreme  court  from 
proceeding  with  the  trial  of  certain  persons  who  had  been 
"  informed  against  for  a  high  misdemeanor,"  and  for  the  purpose 
of  rescuing  Robert  Morrison,  "then  a  prisoner  in  the  gaol  at 
said  Windsor  pursuant  to  a  legal  order  from  said  court."  In 
answer  to  these  accusations  the  prisoners  pleaded  guilty,  and 
appeared  "  very  humble  and  penitent."  In  consequence  of  these 
manifestations,  they  were  "  treated  with  great  tenderness  by  the 
court."  Fines  were  imposed  upon  them,  and  they  were  also 
required  to  discharge  the  cost  of  the  suits,  and  to  procure  bonds 
for  their  good  behavior  for  one  year.  Fears  had  been  enter- 
tained that  an  insurrection  of  the  peoj)le  was  about  to  happen, 
which  would  endanger  the  government  of  the  state,  and  jeopar- 
dize the  lives  and  liberty  of  those  who  refused  to  join  it.  Pre- 
parations for  such  an  event  were  accordingly  made,  and  on 
Saturday,  while  the  trial  of  the  insurgents  was  in  progress,  six 
hundred   soldiers:j:   under   the   command   of  Brig.-Gen.  Peter 

*  In  the  pay  roll  of  the  field  and  staff  officers,  Colonel  Wait  claimed  remunera- 
tion for  loss,  occasioned  by  "  twenty-six  days'  sickness  of  wound." 

f  In  one  of  these  complaints,  the  persons  informed  against,  were  Amos  Kendall, 
Benjamin  Hale,  Silas  Hale,  David  Hale,  and  Abijah  Capen  of  Windsor ;  Benjamin 
Munsell,  Timothy  Wooster,  Eleazer  Bisliop  Jr.,  Paul  Rogers,  Oliver  Rogers, 
Samuel  Danforth,  Silvanus  Wood,  John  Jenne,  Elzi  Evans,  Asa  Evans,  Zera 
Evans,  Elisha  Gallup  Jr.,  James  Kelsey,  and  William  Hopkins  of  Hartland;  ard 
Josiah  Clark,  and  Josiah  Hurlburt  of  Woodstock.     MS.  Court  Papers. 

X  Among  the  militia  present  on  this  occasion,  were  Capt.  Matthew  Patrick's 
company  of  forty-three  men ;  Capt.  Andrew  Tracy's  of  twenty-one  men ;  Capt. 


1Y86.]  OUTBREAK  IN  EUTLAND.  551 

Olcott  assembled  under  arms  at  "Windsor.  Meantime  the  insur- 
gents, having  received  reinforcements,  had  collected  at  Lull's 
house  to  the  number  of  a  hundred.  "Wliile  in  doubt  as  to  the 
course  they  should  pursue,  information  was  brought  to  them 
of  the  preparations  for  defence  or  attack  which  were  in  progress 
at  Windsor.  Satisfied  that  government  was  too  strong  to  be 
overcome  by  their  puny  efibrts,  the  malcontents  dispersed,  stu- 
dious only  to  avoid  detection  and  disgrace.  Early  in  the  following 
week  the  soldiers  returned  to  their  homes,  and  peace  was  again 
restored  to  the  distracted  county.  On  the  21st  of  l^ovember, 
a  similar  outbreak  occurred  in  Rutland,  at  the  commencement  of 
the  session  of  the  court.  For  a  time,  it  seemed  as  though  the 
efforts  of  the  "  Regulators,"  as  the  rioters  styled  themselves, 
would  be  successful.  But  the  firmness  and  dignity  of  the 
court ;  the  readiness  of  the  militia  to  act  in  defence  of  govern- 
ment ;  and  the  speedy  measures  which  were  taken  to  quell  the 
insurrection,  all  united  to  avert  a  result  so  fearful.  The  insur- 
gents were  in  the  end  defeated,  and  the  course  of  justice  was  not 
again  impeded  by  the  reckless  conduct  of  those  whom  misfor- 
tune had  reduced  to  misery  and  want.  The  passage  of  laws  to 
relieve  the  people  from  vexatious  litigation,  and  more  especially 
of  an  act  "  making  neat  cattle,  beef,  pork,  sheep,  wheat,  rye, 
and  Indian  corn  a  lawful  tender,  if  turned  out  by  the  debtor  on 
any  execution,  which  must  be  received  by  the  creditor  at  the 
value  of  their  apprisal  by  men  under  oath,"*  tended  to  make 
the  burden  of  debt  under  which  many  were  laboring  more 

Henry  Tolles's  of  sixteen  men ;  Capt.  Asahel  Smith's  of  thirteen  men ;  Capt. 
Nathaniel  Weston's  of  ten  men ;  and  the  combined  companies  of  Capts.  John 
Hopson  and  Nathaniel  Severs  of  twenty-two  men.  The  field  and  staff  officers  of 
the  third  regiment  who,  as  it  was  expressed  in  the  pay  roll,  "turned  out  for  the 
support  of  government,"  were  Col.  Benjamin  Wait,  Lieut.-Col.  Elijah  Robinson, 
Major  Jesse  Safford,  Adjt.  Briant  Brown,  and  Qr.-Mr.  Jesse  Williams.  During 
this  disturbance,  the  troops  were  well  fed,  as  appears  by  the  bills  subsequently 
presented  to  the  state  treasurer  for  payment.  Col.  Benjamin  Wait's  demand  "for 
supplying  the  troops  with  rum  and  other  necessary  provisions  "  was  allowed,  as 
was  tliat  of  Elijah  West  "  for  his  victualling  and  liquors  delivered  to  Capt.  Dart's 
company,"  and  as  were  also  several  other  demands  of  a  similar  nature. 

*  Tliis  act  was  passed  at  the  session  of  the  Legislature  of  Vermont,  held  at  Ben- 
nington during  February  and  March,  178*7.  On  the  2d  of  tlie  latter  month,  the 
following  resolution  was  passed  by  the  General  Assembly,  and  ordered  to  be  pub- 
lished : — "  Resolved,  that  this  house  entertain  a  high  sense  of  the  services  done 
to  this  state  by  the  officers  and  soldiers,  whose  spirited  exertions  crushed  the  late 
daring  insurrection  against  government,  in  tlie  counties  of  Rutland  and  Windsor, 
and  do  liereby  return  the  said  officers  and  soldiers  their  hearty  thanks." — Thomp- 
son's Vt.,  Part  II.  p.  81. 


552  HISTOEY    OF   EASTERN   VERMONT.  [1786. 

endurable,  and  served  "  to  check  tlie  legal  enforcement  of  col- 
lections." The  people  became  satisfied  of  the  protective  cha- 
racter of  government,  and  gave  it  a  support,  cordial,  firm, 
manly,  and  patriotic.  Attention  to  business  was  rewarded  by 
increased  profits.  Competence  crowned  the  labors  of  many. 
Contentment  smiled  in  the  humble  cottage  and  pervaded  the  hos- 
pitable farm-house.  Health  glowed  in  the  faces  of  the  rosy  girls 
and  ruddy  matrons  of  the  Green  Mountains,  and  happiness  waved 
its  wand  of  blessing  over  the  valleys  of  the  peaceful  Connecticut.* 
The  allotment  of  lands  by  the  Legislature  of  New  York  to 
Timothy  Church  and  his  associates,  led  others  who  had  been 
similarly  situated,  but  who  at  a  comparative  early  stage  in  the 
controversy  had  submitted  to  the  government  of  Yermont,  to 
apply  for  assistance.  On  the  D  2th  of  December,  Eleazer  Pat- 
terson, Samuel  Knight,  Benjamin  Butterfield,  John  Sergeant, 
Josiah  Arms,  and  twenty-two  other  persons  addressed  a  petition 
to  Governor  CHnton  and  to  the  Senate  and  Assembly  of  ISTew 
York,  in  which  they  declared  that  they  had  been  "  uniformly 
loyal  to  the  state  of  New  York ;"  had  supported  the  rights  and 
interests  thereof ;  had  "  not  only  frequently  risked  their  lives,  but 
expended  large  sums  of  money  and  lost  an  abundance  of  time 
in  defence  of  the  said  state ;  had  been  often  imprisoned ;  and 
had  sufi'ered  the  loss  of  property  to  a  considerable  amount." 
They  further  stated  that  they  had  "  continued  to  exert  them- 
selves in  support  of  the  state  of  New  York,  until  they  were  left 
totally  abandoned  to  the  fury  of  their  enemies,"  and  then  had 
submitted  "  to  the  usurpation  of  the  government  of  Yermont," 
•)nly  to  avoid  being  "  deprived  of  their  whole  property."  For 
these  services  and  sufferings  they  asked  as  a  compensation,  "  a 
grant  of  vacant  and  unappropriated  land."  No  evidence  was 
adduced  in  suj)port  of  these  statements.  Li  consequence  of 
this  omission,  the  committee  of  the  Legislature  to  whom  the 
subject  was  referred,  reported  adversely  to  the  petition.f 

*  Worcester  Magazine,  1786,  ii.  460,  465.  MS.  Complamts  of  the  state's  attor- 
ney. MS.  Payrolls.   MSS.  in  office  Sec.  State  Vt.  Thompson's  Vt.,  Part  II.  pp.  79-81. 

f  At  a  meeting  of  the  commissioners  of  the  land  office,  held  on  the  25th  of 
May,  1787,  "  the  petition  of  Eleazer  Patterson  of  Hinsdale,  suggesting  himself  to 
be  a  sufferer  in  opposing  the  government  of  the  pretended  state  of  Vermont,  and 
praying  for  a  grant  of  lands  accordingly,"  was  read.  Similar  petitions  from  John 
Kathan,  Obadiah  Wells,  and  the  wido-w  of  Henry  Sherburne  were,  at  the  same 
time,  presented.  The  consideration  of  all  these  applications  was  postponed. 
Land  Office  Minutes,  in  office  Sec.  State  N.  Y.,  1784-1788,  i.  256.  Doc.  Hist.  N.  Y., 
iv.  1020-1022. 


1787.]  FAVOKABLE  FEEUNG  m  NEW  TOKK  TOWAKDS  YERMONT.   553 

At  this  period,  a  disposition  favorable  to  the  admission  of  the 
state  of  Vermont  into  the  Union,  began  to  be  manifested  by 
some  of  the  most  influential  citizens  of  jSTew  York.  Of  this 
number  were  such  men  as  Alexander  Hamilton,  Philip  Schuyler, 
E-ichard  Harrison  and  Egbert  Benson.  The  pretensions  of  Ver- 
mont to  a  separate  jurisdiction,  first  amiounced  soon  after  the 
commencement  of  the  late  revolution,  had  been  maintained 
thi'oughout  the  whole  of  that  struggle,  and  had  never  been 
disavowed  although  conciliatory  laws  had  been  passed,  over- 
tures made,  and  negotiations  carried  on  in  Congress  to  efl:ect 
this  result.  The  peace  of  1783  had  fomid  Vermont  in  a  con- 
dition of  actual  independence,  organized  under  a  regular  form 
of  government,  and  with  a  population  rated  at  one-half  of  that 
of  Xew  York.  The  latter  state  had  formerly  threatened  to 
reduce  the  people  of  Vermont  to  its  obedience.  The  idea  of 
subjection  had  now  become  so  involved  in  difiiculty,  that  all 
excejjt  the  most  rash  and  thoughtless  had  abandoned  it  as  fool- 
ish and  chimerical.  While  affairs  were  in  this  position,  an 
attempt  was  made  to  further  the  project  of  admitting  Vermont 
to  a  share  in  the  federal  government.  An  act  "  to  empower 
and  direct  the  delegates  of  this  state  in  Congress,  to  accede  to, 
ratify,  and  confirm  the  sovereignty  and  independence  of  the 
people  of  the  territory  commonly  called  and  known  by  the 
name  of  the  state  of  Vermont,"  was  introduced  into  the  Legis- 
lature of  New  York,  during  the  session  of  1787. 

On  the  24th  of  March,  a  petition  from  John  Foxcroft  and 
"  many  other  persons,"  proprietors  of  lands  in  Vermont,  relative 
to  this  bill,  was  read  in  the  Assembly.  Tlie  petitioners  asked 
to  "  be  mdulged  with  a  copy  of  the  said  bill,"  and  to  "  be  heard 
by  themselves  or  their  counsel  thereupon."  Tliese  requests 
were  granted.  On  the  28th,  the  counsel  for  the  petitioners 
appeared  before  a  committee  of  the  Assembly,  "  entered  into  a 
large  field  of  argument"  against  the  bill,  and  endeavored  to 
show  that  it  was  "  contrary  to  the  constitution,  to  the  maxims 
of  sound  poHcy,  and  to  the  rights  of  property."  His  observa- 
tions were  not  destitute  of  weight,  and  to  many  of  them  addi- 
tional force  was  given  by  the  fact  that  they  were  to  a  certain 
degree  founded  in  truth.  He  was  followed  by  Alexander 
Hamilton,  who  in  an  elaborate  address  strove  to  prove,  not 
only  that  the  constitution  permitted  this  measure,  but  that 
policy  demanded  it  and  justice  acquiesced  in  its  adoption.  At 
every  point  he  met  his  opponent's  objections  with  forcible  rea- 


554  mSTOEY  OF  eastern  VERMONT.  [1787,  1788. 

soiling,  and  succeeded,  in  almost  every  instance,  in  overturning 
his  positions.  His  opinion  as  to  tlie  policy  of  merging  Yermont 
in  New  York,  was  expressed  in  these  words : — "  For  my  part, 
I  should  regard  the  reunion  of  Yermont  to  this  state,  as  one  of 
the  greatest  evils  that  could  befall  it ;  as  a  source  of  continual 
embarrassment  and  disquietude."  The  bill,  after  undergoing 
many  alterations,  passed  the  Assembly  on  the  12th  of  April, 
and  was  immediately  sent  to  the  Senate.  Here  it  was  read  on 
the  same  day,  and  on  its  second  reading  on  the  13th,  was  com- 
mitted to  a  committee  of  the  whole.  By  them  it  was  never 
returned  to  the  Senate.  The  admission  of  Yermont  as  a  four- 
teenth state  was  postponed  to  a  later  time.* 

Though  the  Legislature  of  New  York  had  ceased  to  exercise 
authority  over  Yermont,  yet,  by  the  constitution  of  New  York, 
the  counties  of  Charlotte,  Cumberland,  and  Gloucester  were 
still  claimed  as  constituent  parts  of  that  state.  By  the  same 
instrument,  power  was  given  to  "  the  future  Legislatures"  of  the 
state,  "  to  divide  the  same  into  such  further  and  other  counties 
and  districts,"  as  should  be  deemed  necessary.  In  conformity 
with  this  authority,  a  law  was  passed  on  the  7th  of  March, 
1788,  for  dividing  the  state  of  New  York  into  counties.  By 
this  it  was  enacted,  that  the  county  of  Cumberland  should  con- 
tain "  all  that  part  of  this  state  beginning  on  Connecticut  river 
at  the  north  bounds  of  the  state  of  Massachusetts,  and  extend- 
ing westward  along  the  same  until  such  line  shall  meet  with, 
and  be  intei'sected  by,  a  line  proceeding  on  a  course,  south  ten 
degrees  west  from  the  north-west  corner  of  a  tract  of  land 
granted  under  the  Great  Seal  of  the  late  colony  of  New  York, 
on  the  14th  day  of  September,  1770,  to  James  Abeel  and*  nine 
other  persons ;  and  extending  from  the  said  point  of  intersec- 
tion, north  ten  degrees  east,  until  such  line  shall  meet  with,  and 
be  intersected  by,  another  line,  to  be  drawn  on  a  course  north, 
sixty  degrees  west  from  the  south-west  corner  of  a  tract  of  land 
granted  under  the  Great  Seal  of  the  late  colony  of  New  York, 
on  the  13th  day  of  November,  in  the  year  of  our  Lord  1769, 
and  erected  into  a  township  by  the  name  of  Royalton;  and 
running  from  the  last  mentioned  point  of  intersection,  south 
sixty-six  degrees,  east  to  Connecticut  river ;  and  so  down  along 
the  same  river  to  the  place  of  beginning." 

*  Hamilton's  Works,  ii.  374-390.  Journal  Ass.  K  Y.,  lOth  session,  pp.  116, 
117,  123,  165.     Journal  Senate  N.  Y.,  10th  session,  pp.  84,  85. 


17SS.]  BOUiS^DAEIES   OF   GLOUCESTER   COUXTT.  555 

By  the  same  enactment,  Gloucester  county  "was  to  contain 
"all  that  part  of  this  state  bounded  southerly  by  the  north 
bounds  of  the  county  of  Cumberland  ;  easterly  by  the  east 
bounds  of  this  state ;  northerly  by  the  north  bounds  of  this 
state  ;  and  westerly  by  a  line  to  be  drawn  from  the  north-west 
corner  of  the  said  county  of  Cumberland,  on  a  course  north  ten 
degrees  east,  until  such  line  shall  meet  with,  and  be  intersected 
by,  another  line  proceeding  on  an  east  course  from  the  south 
bank  of  the  mouth  of  Otter  creek ;  and  from  the  said  last  men- 
tioned point  of  intersection  running  north  fifty  degrees  east  to 
the  north  bounds  of  this  state."  On' the  west  side  of  the  Green 
Mountains  the  land  which  had  formerly  comprised  the  county 
of  Charlotte,  was,  by  this  new  division,  included  within  the 
counties  of  "Washington  and  Clinton.* 

By  a  resolution  of  Congress  passed  on  the  28th  of  September, 
1787,  the  plan  of  the  present  constitution  of  the  United  States 
was  transmitted  to  the  several  state  Legislatures,  "  in  order  to 
be  submitted  to  a  convention  of  delegates  chosen  in  each  state 
by  the  people  thereof."  During  the  summer  of  1788,  it  became 
evident  that  the  constitution  would  be  adopted  by  eleven  of  the 
thii'teen  states,  and  the  national  government  established.  The 
attention  of  the  most  intelligent  men  in  Vermont  was  now  for- 
cibly directed  to  her  peculiar  situation.  Prominent  among 
these  was  Nathaniel  Chipman.  His  opinion  concerning  the 
controversy  in  which  Vermont  had  been  so  long  engaged,  was, 
that  if  the  question  should  ever  be  brought  before  an  impartial 
tribunal  for  decision,  the  New  York  title  would  be  adjudged  to 
be  better  than  that  of  Vermont.f  Holding  this  view  of  the 
case,  he  felt  "  extremely  anxious"  that  the  jurisdictional  dispute 
should  be  speedily  adjusted.  For  the  purj^ose  of  consultation, 
a  number  of  gentlemen,  among  whom  were  Lewis  R.  Morris 
and  Gideon  Olin,  met  at  his  house  in  Tinmouth,  in  the  early 
part  of  July.  The  result  of  this  conference  was  an  agreement 
that  he  should  write  to  Hamilton  on  the  subject  of  a  settlement 
of  the  controversy. 

Agreeable  to  this  determination,  Chipman  addressed  a  letter  to 
Hamilton  on  the  15th  of  July,  in  which  he  briefly  alluded  to  the 
situation  of  the  larger  portion  of  the  landed  property  of  Vermont ; 

*  Laws  of  N.  Y.,  11th  session,  pp.  133-136. 

f  "  It  is  now  generally  believed,  that,  should  we  be  received  into  the  Union, 
the  New  York  grants  would,  by  the  federal  courts,  be  preferred  to  those  of  Ver- . 
mont."     N.  Chipman  to  A.  Hamilton,  iu  Life  of  Chipman,  p.  '7-1. 


556  HISTORY    OF   EASTERN    VERMONT.  [17S8. 

suggested  certain  methods  by  which  Yermont  might  be  brought 
to  accede  to  the  "  new  federal  plan"  of  government ;  and  desired 
to  know  whether,  in  case  Yermont  should  be  received  into  the 
Union,  the  "federal  legislature,  when  formed,"  might  not  be 
induced,  on  some  terms,  "  to  make  a  compensation  to  the  Kew 
York  grantees  out  of  their  western  lands,  and  whether  those  gran- 
tees might  not  be  induced  to  accept  such  compensation."  Daniel 
Chipman,  the  brother  of  Nathaniel,  and  the  bearer  of  this  com- 
munication, dehvered  it  to  Hamilton  at  Poughkeepsie,  where 
that  gentleman  was  then  in  attendance  upon  the  New  York 
convention  for  the  adoption  of  the  United  States'  constitution. 
On  the  22d,  Hamilton  repHed,  acknowledging  Chipman's  letter 
"  as  the  basis  of  a  correspondence"  that  might  be  productive  of 
public  good.  "  The  accession  of  Yermont  to  the  confederacy,'' 
wrote  he,  "is  doubtless  an  object  of  great  importance  to  the 
whole,  and  it  appears  to  me  that  this  is  the  favorable  moment 
for  effecting  it  upon  the  best  terms  for  all  concerned.  Besides 
more  general  reasons,  there  are  circumstances  of  the  moment 
which  will  forward  a  proper  arrangement.  One  of  the  first 
subjects  of  deliberation  with  the  new  Congress  will  be  the  inde- 
pendence of  Kentucky,  for  which  the  southern  states  will  be 
anxious.  The  northern  will  be  glad  to  find  a  counterj)oi6e  in 
Yermont.  These  mutual  interests  and  inclinations  will  facilitate 
a  proper  result."  He  further  informed  Mr.  Chipman  that  there 
would  be  no  distribution  of  western  land  to  particular  parts  of 
the  community  ;  assured  him  that  the  public  debt  of  the  United 
States  would  be  provided  for  by  indirect  taxation,  and  by  other 
politic  measures ;  recommended  that  the  state  of  Yermont 
should  ratify  the  constitution,  upon  condition  that  Congress 
should  provide  for  the  extinguishment  of  all  existing  claims  to 
land  under  grants  of  the  state  of  New  York,  which  might  inter- 
fere with  claims  under  the  state  of  Yermont ;  and  declared  that 
it  would  be  wise  "  to  lay  as  little  impediment  as  possible "  in 
the  way  of  the  reception  of  Yermont  into  the  Union. 

In  answer  to  another  letter  from  Mr.  Chipman  of  the  6th  of 
September,  Mr.  Hamilton  referred  in  general  terms  to  the  Sub- 
ject of  their  correspondence,  and  reiterated  in  a  more  extended 
form  the  observations  he  had  previously  made.  To  a  sugges- 
tion of  Mr.  Chipman,  that  Yermont  would  desire  to  extend  her 
territorial  limits  before  becoming  a  part  of  the  Union,  Mr. 
Hamilton  replied  : — "  I  am  sorry  to  find  that  the  affair  of  the 
boundary  is  likely  to  create  some  embarrassment.     Men's  minds 


1788.]  LETTER   OF   ALEXANDER   HAMILTON.  557 

everywhere  out  of  your  state,  are  made  up  upon,  and  reconciled 
to  that  which  has  been  delineated  by  Congress.  Any  depar- 
ture from  it  must  beget  new  discussions,  in  which  all  the  pas- 
sions will  have  their  usual  scope,  and  may  occasion  greater  im- 
pediments than  the  real  importance  of  the  thing  would  justify. 
If,  however,  the  further  claim  you  state  cannot  be  gotten  over 
with  you,  I  would  still  wish  to  see  the  experiment  made,  though 
with  this  clog ;  because  I  have  it  very  much  at  heart  that  you 
should  become  a  member  of  the  confederacy."  Referring  then 
to  the  question  of  the  right  of  the  Legislature  of  Yermont  to 
decide  upon  the  accession  of  that  state  to  the  Union,  he  ob- 
served : — "  There  is  one  thing  which  I  think  it  proper  to  men- 
tion to  you,  about  which  I  have  some  doubts,  that  is,  whether 
a  legislative  accession  would  be  deemed  valid.  It  is  the  policy 
of  the  system  to  lay  its  foundation  on  the  immediate  consent  of 
the  people.  You  will  best  judge  how  far  it  is  safe  or  practica- 
ble to  have  recourse  to  a  convention.  Whatever  you  do,  no 
time  ought  to  be  lost.  The  present  moment  is  undoubtedly 
critically  favorable.  Let  it,  by  all  means,  be  improved." 
During  the  following  winter,  Mr.  Hamilton  and  Mr.  Chipman 
bad  an  interview  at  Albany,  "  when,"  observes  the  biographer 
of  the  latter  gentleman,  "  they  took  a  view  of  the  subject  some- 
what different  from  their  opinions  which  appear  in  the  fore- 
going correspondence,  and  agreed  on  a  mode  of  settling  the  con- 
troversy, which  was  afterwards  adopted  by  the  two  states."* 

The  dispute  between  Kew  York  and  Philadelphia  as  to  which 
should  be  the  permanent  seat  of  the  federal  government,  was 
finally  decided  in  favor  of  the  latter  city.  This  result  showed 
plainly  that  the  western  and  southern  influence  was  greater  in 
Congress,  than  the  northern.  No  state  felt  the  force  of  this 
fact  more  severely  than  New  York.  Kentucky,  whose  terri- 
tory belonged  to  Yirginia,  was  anticipating  a  reception  into 
the  federal  government,  as  a  separate  state,  at  no  distant  day. 
Tlie  admission  of  Yermont,  it  was  seen,  would  tend,  in  some 
■neasure,  to  equalize  representation.  Her  weight  would  serve 
as  a  counterpoise  to  the  undue  influence  of  particular  sections 
)f  the  Union.  It  was  known  at  the  north,  that  the  adoption  of 
the  constitution  of  the  United  States  had  tended  greatly  to 
increase  the  desire  of  New  York  and  Yermont,  that  the  latter 
state  should  become  a  part  of  the  Union.     The  controversy 

*  Life  of  Chipman,  pp.  70-8L 


558  HISTOKT   OF   EASTERN   VERMONT.  [l789. 

which  had  so  long  divided  these  states,  whose  interests,  but  for 
that,  were  now  almost  identical,  was  the  only  barrier  which 
prevented  the  connection.  The  wisest  and  best  men  in  both, 
were  ready  to  make  the  attempt  to  remove  this  hindrance,  by 
concessions  that  would  be  j  ust  for  each.*  Such  was  the  wish,  also, 
of  those  to  whom  the  administration  of  public  affairs  was  entrusted. 
For  the  purpose  of  manifesting  their  willingness  to  end  the 
controversy,  the  Legislature  of  New  York,  on  the  14th  of  July, 
1789,  passed  an  act  "  aj)pointing  commissioners  with  power  to 
declare  the  consent  of  the  Legislature  of  the  state  of  New  York, 
that  a  certain  territory  within  the  jurisdiction  thereof,  should 
be  formed  or  erected  into  a  new  state."  The  commissioners 
named,  were  Robert  Yates,  Rufus  King,  Gulian  Verplanck, 
Robert  R.  Livingston,  Simeon  De  Witt,  Richard  Yarick,  and 
John  Lansing  Jr.  Li  the  words  of  the  act,  they,  or  "  any  four 
or  more  of  them,"  were  vested  with  full  power  "  to  declare  the 
consent  of  the  Legislature  of  this  state,  that  such  district  or  ter- 
ritory within  the  jurisdiction,  and  in  the  north-eastern  and 
northern  parts  thereof,  as  the  said  commissioners  shall  judge 
most  convenient,  should  be  formed  and  erected  into  a  new 
state."  Special  provision  was  at  the  same  time  made,  that 
nothing  contained  in  the  act  should  be  construed  to  give  any 
person  claiming  lands  in  the  district  "to  be  erected  into  an 
independent  state,"  any  right  to  any  compensation  from  the 
state  of  New  York.f 

*  The  tone  of  public  opinion  on  the  subject  of  the  controversy  may  be  deduced, 
to  a  certain  extent,  from  the  newspapers  of  that  period.  The  following  extract  is 
from  Thomas's  Spy,  No.  831,  March  12th,  1Y89. 

"Vermont,  Bennington,  February  23  [1*789]. 

"  Two  of  the  agents  of  this  state,  appointed  to  attend  on  Congress,  to  negotiate 
the  admission  of  this  state  into  the  new  federal  government,  have  attended  the 
legislature  of  New  York,  during  their  session  at  Albany,  in  order  to  influence  that 
honorable  body  to  recognize  our  independence ;  and  we  learn  that  a  bill  for  that 
purpose  is  now  under  their  consideration,  by  which  the  western  bounds  of  this 
state  is  affixed  at  the  western  bounds  of  the  townships  granted  by  Hampshire. 

"  We  are  informed  from  respectable  authority,  that  many  influential  members 
of  the  legislature  of  New  York,  are  anxious  for  the  admission  of  Vermont  into  the 
Federal  Union,  to  prevent  internal  divisions  among  the  American  states.  The 
Hon.  General  Schuyler  and  others  have  given  it  as  their  opinion,  that  matters 
should  be  compromised  amicably  and  speedily  between  this  state  and  the  New 
York  claimants — the  peace  of  the  Union  being  of  far  greater  value  than  half  a 
million  acres  of  land." 

•j-  This  act  was  sent  to  Thomas  Chittenden,  in  a  letter  dated  at  Albany  on  the 
16th  of  July,  1789,  and  signed  by  all  the  commissioners  except  Richard  Varick. 
Laws  of  N.  Y.,  1st  meeting  of  13th  session,  p.  2.     Williams's  Hist.  Vt.,  ii.  257,  258. 


1789,  1790.]      APPOINTMENT  OF  BOUNDAKT  COMMISSIONEKS.  559 

On  the  23d  of  October,  1789,  the  Legislature  of  Vermont 
responded  to  the  advances  made  by  the  Legislature  of  New 
York,  and  passed  an  act,  appointing  Isaac  Tichenor,  Stephen  R. 
Bradley,  Nathaniel  Chipmaii,  Elijah  Paine,  L-a  Allen,  Stephen 
Jacob,  and  Israel  Smith,  commissioners  in  behalf  of  the  state, 
''  with  full  powers  to  them,  or  any  four  or  more  of  them,  to  treat 
with  commissioners  that  now  are,  or  hereafter  may  be,  appointed 
by  the  state  of  New  York,  and  who  shall  be  fully  authorized 
and  empowered,  by  the  said  state  of  New  York,  to  ascertain, 
agree  to,  ratify,  and  confirm  a  jurisdictional  or  boundary  line 
between  the  state  of  New  York  and  the  state  of  Vermont ;  and 
to  adjust,  and  finally  determine,  all  and  every  matter  or  thing 
which,  in  any  wise,  obstructs  a  union  of  this  state  with  the 
United  States."  Special  provision  was  at  the  same  time  made, 
that  nothing  in  the  act  should  be  construed  to  give  the  commis- 
sioners power,  either  "to  lessen  or  abridge  the  present  jurisdic- 
tion "  of  Vermont ;  or  to  "  oblige  the  inhabitants  of  the  same, 
or  any  other  person  or  persons,  claiming  title  to  lands"  pre- 
\'iously  granted  by  Vermont,  or  "  the  late  province  of  New 
Hampshire,"  to  relinquish  "their  claims  under  the  jurisdiction 
thereof,  or,  in  any  wise,  subject  the  state  of  Vermont  to  make 
any  compensation  to  different  persons,  claiming  under  grants 
made  by  the  late  province,  and  now  state,  of  New  York,  of 
lands  situate  and  being  in  the  state  of  Vermont,  and  within  the 
jurisdiction  of  the  same."* 

Having  become  satisfied  that  several  omissions  had  been 
made  in  the  act  of  the  14th  of  July,  1789,  by  which  commis- 
sioners had  been  appointed  to  acknowledge  the  sovereignty  of 
Vermont,  the  Legislature  of  New  York,  on  the  6th  of  March, 
1790,  repealed  that  act,  and  passed  another  with  a  similar  title. 
Eobert  Yates,  Robert  R.  Livingston,  John  Lansing  Jr.,  Gulian 
Verplanck,  Simeon  De  AVitt,  Egbert  Benson,  Richard  Sill,  and 
Melancton  Smith  were  named  as  commissioners  in  the  second 
act.  The  same  authority  which  had  been  conferred  on  the  other 
commissioners  was  transferred  to  them,  and,  in  addition  to  this, 
they  were  vested  with  "  full  power  to  treat,  conclude,  and  agree 
with  any  person  or  persons,  or  any  assemblies  or  bodies  of  peo- 
ple," touching  the  relinquishment  of  the  jurisdiction  of  the 
state  of  New  York  over  a  certain  portion  of  her  "  north-eastern 
and  northern  "  territory ;  and  touching  "  the  securing  or  con- 

•  Slade's  Vt.  State  Papers,  pp.  192,  193.     Life  of  Chipman,  p.  82. 


560  HISTORY    OF    EASTERN    VERMONT.  [1790. 

firming  of  rights,  titles,  or  possessions  of  lands  within  sncli  dis- 
trict or  territory,  held  or  claimed  under  grants  from  the  state  of 
New  Hampshire  while  a  colony,  or  under  grants,  sales,  or  loca- 
tions made  by  the  authority  of  the  government  or  jurisdiction 
now  existing,  and  exercised  in  the  north-eastern  parts  of  this 
state,  under  the  name  or  style  of  the  state  of  Vermont,  against 
persons  claiming  the  same  lands  under  grants  from  this  state  while 
a  colony,  or  since  the  independence  thereof."  In  an  accom- 
panying proviso,  the  commissioners  were  prohibited  from 
sanctioning  or  countenancing,  in  any  way,  the  "  grants,  sales,  or 
locations  "  made  "  by  or  under  Vermont,"  in  that  portion  of  the 
state  of  New  York,  to  which  the  name  of  the  Western  Union 
had  been  once  applied  by  Vermont. 

In  another  section  of  this  act,  it  was  stated,  that  whatever 
the  commissioners  might  stipulate  to  receive,  as  "  a  compensa- 
tion for  extinguishing  the  claims"  to  lands  "  within  the  said 
district,  derived  under  the  late  colony  of  New  York,"  should 
be  for  the  use  of  those  claimants  thus  deprived  of  their  grants, 
although  in  the  stipulations  the  "  compensation  should  be  de- 
clared to  be  for  the  use  of  this  state,  or  for  the  people  thereof." 
It  was  also  provided  that  nothing  in  this  act  should  be  construed 
to  give  to  any  person  claiming  as  above  set  forth,  "  any  right  to 
any  further  compensation  "  from  the  state,  than  the  compensa- 
tion which  might  "  be  so  stipulated  as  aforesaid."* 

In  conformity  with  the  terms  of  this  act,  and  of  that  passed 
by  the  Legislature  of  Vermont,  the  commissioners  of  the  two 
states  assembled.  "  The  only  point  of  ditficulty  and  debate," 
observes  Mr.  "Williams,  "  related  to  a  compensation  for  the 
lands  claimed  by  the  citizens  of  New  York,  which  had  been 
regranted  by  the  goverament  of  Vermont."  The  discussions 
on  this  subject  were  carried  on  in  a  most  friendly  and  con- 
ciliatory manner,  and  after  two  or  three  meetings,  "  an 
equitable  and  amicable  agreement "  was  concluded.  On  the 
7th  of  October,  the  commissioners  of  New  York  by  virtue  of 
the  powers  granted  to  them  for  that  purpose,  declared  the  con- 
sent of  the  Legislature  of  New  York,  that  the  state  of  Vermont 
should  be  admitted  into  the  Union  of  the  United  States  of 
America ;  and  that  immediately  upon  such  admission,  all 
claims  of  jurisdiction  of  the  state  of  New  York  within  the 
state  of  Vermont  should  cease. 

*  Laws  of  N.  Y.,  2d  meeting,  13th  session,  p.  13. 


1790.]  SPECIFICATION   OF   THE    BOUNDARY    LINE,  5G1 

They  further  dechired  that  thenceforth,  "  the  ])erpetual  hoim- 
dary  Kne  between  the  state  of  New  York  and  the  state  of  Ver- 
mont" sliould  be  as  follows: — "Beginning  at  the  north-west 
corner  of  the  state  of  Massachusetts  ;  thence  w'estward,  along 
the  south  boundary  of  the  township  of  Pownall,  to  the  south- 
west corner  thereof;  thence  northerly,  along  the  Avestern  boun- 
daries of  the  townships  of  Pownall,  Bennington,  Shaftsbury, 
Arlington,  Sandgate,  Kupert,  Pawlet,  Wells,  and  Poultney,  as 
the  said  townships  are  now  held  or  possessed,  to  the  river,  com- 
monly called  Poultney  river ;  thence  down  the  same,  through 
the  middle  of  the  deepest  channel  thereof,  to  East  Bay  ;  thence 
through  the  middle  of  the  deepest  channel  of  East  Bay  and  the 
waters  thereof,  to  where  the  same  communicates  with  Lake 
Champlain  ;  thence  through  the  middle  of  the  deepest  channel 
of  Lake  Champlain,  to  the  eastward  of  the  islands  ca-lkd  the 
Four  Brothers,  and  the  westward  of  the  islands  called  Grand 
Isle  and  Long  Isle,  or  the  Two  Heroes,  and  to  the  westward  of 
the  Isle  La  Mott,  to  the  forty-fifth  degree  of  north  latitude." 

With  regard  to  the  lands  which  had  been  granted  by  New 
York,  the  commissioners,  announcing  "  the  will  of  the  Legisla- 
ture of  the  state  of  ISTcav  York,"  decreed  that,  "  if  the  Legisht- 
ture  of  the  state  of  Vermont  sliould,  on  or  before  the  first  day 
of  Januaiy,  1792,  declare  that,  on  or  before  the  first  day  of 
June,  1794,  the  said  state  of  Vermont  would  pay  to  the  state  of 
New  York  the  sum  of  thirty  thousand  dollars,  that,  imme- 
diately from  such  declaration  l:)y  the  Legislature  of  the  state  of 
Vermont,  all  rights  and  titles  to  lands  within  the  state  of  Vei'- 
mont,  under  grants  from  the  government  of  the  late  colony  of 
New  York,  or  from  the  state  of  New  York,  should  cease,"  those 
excepted  which  had  been  made  in  confirmation  of  the  gi'ants  of 
New  Hampshire.  Such  was  the  deliberate  decision  of  tha  com- 
missioners upon  the  topics  which  had  been  submitted  to  them 
for  a  final  and  definitive  settlement.* 

The  plan  proposed  in  this  decision  met  with  the  approbation 
of  the  Legislature  of  Vermont,  and  on  the  28th  of  October  they 
passed  an  act,  directing  the  treasurer  of  the  state  to  pay  the 
sum  of  thirty  thousand  dollars  to  the  state  of  New  York,  at  or 
before  the  time  proposed ;  adopting  the  line  proposed  by  the 
commissioners  as  the  perpetual  boundary  between  the  two 
states ;  and  declaring  all  the  grants,  charters,  and  patents  of 

*  Williams's  Hist.  Vt,  ii.  258,  259.  Slade's  Vt.  State  Papers,  pp.  190,  191. 
Thompson's  Vt.,  Part  II.  p.  83.     Doc.  Hist.  N.  Y.,  iv.  1023. 

36 


562  HISTORY    OF   EASTERN    VERMONT.  [1791, 

land,  lying  witliin  the  state  of  Yermont,  made  by  or  under  the 
late  colony  of  New  York,  to  be  null  and  void,  and  "  incapable 
of  being  given  in  evidence  in  any  court  of  law"  within  the 
state,  those  excepted  which  had  been  made  in  confirmation  of 
the  grants  from  Xew  Hampshire.  "  In  this  amicable  manner," 
observes  Mr.  Williams,  "  was  terminated  a  controversy  which 
had  been  carried  on  with  great  animosity  for  twenty-six  years."  * 
Both  sides  were  weary  of  the  contest,  and,  happily  for  them, 
the  general  condition  of  America  was  favorable  to  conciliatory 
measures.  This  seems  to  have  been  the  only  period,  in  which 
the  matter  could  have  been  adjusted  to  the  satisfaction  of  all 
parties.f 

The  difficulties  with  Xew  Yoi'k  having  been  terminated  by 
these  proceedings,  the  General  Assembly  of  Yermont  issued  a 
call  for  a  convention  of  the  people,  to  take  into  consideration 
the  expediency  of  joining  the  federal  union.  The  convention 
met  at  Bennington  on  the  6th  of  January,  1791.  Among  the 
delegates  were  Thomas  Chittenden,  the  president,  and  Moses 
Kobinson,  the  vice-president  of  the  convention,  Nathaniel  Chij^- 
man,  Stephen  R.  Bradley,  Ira  Allen,  Ebenezer  Allen,  Daniel 
Buck,  Jonathan  Arnold,  Gideon  Olin,  Jonathan  Hunt,  John 
Strong,  John  Fassett,  Timothy  Brownson,  and  many  others  of 
sound  practical  sense,  and  stern  integrity.  Of  the  conflicting 
opinions  which  prevailed  on  this  occasion,  Mr.  Williams 
remarks: — "The  members  were  not  all  agreed  on  the  expedi- 
ency of  being  connected  with  the  thirteen  states,  and  it  was 
doubted,  whether  a  majority  of  the  people  were  for  the  measure. 
Several  members  of  the  convention  wished  to  defer  the  conside- 
ration of  the  question,  to  a  more  distant  period.  It  was  urged 
on  the  other  hand,  that  the  safety,  the  interest,  and  the  honor  of 
Yermont,  would  be  essentially  promoted  by  joining  the  union 
of  the  other  states,  and  that  this  was  the  precise  time,  when  it 
might  be  done  without  difficulty  or  opposition." 

Favoring  the  accession  of  Yermont  to  the  union,  Nathaniel 
Chipman,  distinguished  both  as  an  able  jurist  and  an  accom- 
plished scholar,  ui-ged  the  convention  to  give  their  assent  to  the 
measure,  and  in  a  forcible  and  argumentative  si^eech,  advanced 
his  reasons  for  recommending  such  a  course.  In  empliatic 
language,  he  described  the  insignificance  of  the  condition  to 

*  The  commencement  of  tlie  controversy  is  gjenerally  fixed  at  the  date  of  the 
Order  of  the  King  in  Council,  viz.    July  "inth,  1764.     See  ante,  p.  130. 

f  Williams's  Ilist.  Vt.,  ii.  269,  260.     Slade's  Vt.  State  Papers,  pp.  191,  193, 194. 


1791.]  VIEWS    OF   NATHANIEL   CIIIPMAN.  563 

Avliich  Vermont  would  be  coutiiiually  subjected,  should  she 
remain  a  separate  state,  and  foreshadowed  her  probable  late  in 
case  a  war  should  arise  between  the  United  States  and  Great 
Britain.  He  showed  in  what  manner  learning  and  science,  and 
manufactures,  and  the  arts,  would  be  patronized  in  Yermont  by 
means  of  the  Union,  and  how,  as  a  result  of  the  same  cause, 
the  moral  and  social  condition  of  the  state  would  be  exalted. 
He  referred  to  the  different  methods  that  had  been  adopted  in 
different  ages  of  the  world,  to  bring  states  similarly  situated  to 
act  as  one  confederacy,  and  declared  that  the  constitution  and 
the  federal  government  of  the  United  States,  though  almost 
phenomena  in  civil  polity,  were  better  calculated  than  any  other 
means  that  could  be  adopted,  to  unite  in  one  body  the  people 
of  the  United  States,  and  to  secure  "  the  tranquillity,  happiness, 
and  prosperity  of  the  Union." 

Arguments  like  these  prevailed,  and  on  the  10th  of  January, 
after  a  session  of  four  days,  the  convention  resolved  that  appli- 
cation should  be  made  to  Congress  for  the  admission  of  Yermont 
into  the  federal  Union,  This  decision  was  supported  by  an 
instrument,  in  which  the  convention,  by  virtue  of  the  power 
and  authority  to  them  entrusted  for  that  purpose,  "full}'  and 
entirely  "  approved  of,  assented  to,  and  ratified  the  constitution 
of  the  United  States,  and  declared,  that  "  as  soon  as  the 
state  of  Yermont  shall  be  admitted  by  the  Congress  into 
the  Union,  and  to  a  full  participation  of  the  benefit  of  the 
government  now  enjoyed  by  the  states  in  the  Union,  the 
same  shall  be  binding  on  us  and  the  people  of  the  state  of  Yer- 
mont forever."  This  instrument  was  signed  by  one  hundred 
and  five  of  the  one  hundred  and  nine  members  of  the  conven- 
tion. The  convention  having  completed  the  business  for  which 
they  had  been  called  together,  dissolved  on  the  11th  of  Janu- 
ary. 

The  General  Assembly  of  Yermont  met  at  Bennington,  on  the 
day  previous  to  the  dissolution  of  the  convention,  and,  on  the 
18th,  made  choice  of  Nathaniel  Chij^man  and  Lewis  E.  Morris, 
as  their  commissioners  to  repair  to  Congress  and  negotiate  the 
admission  of  Yermont  into  the  Union.  Pursuant  to  their 
appointment,  these  gentlemen  visited  Philadelphia  and  laid 
before  General  Washington,  the  President  of  the  United  States, 
the  proceedings  of  the  convention  and  Legislature  of  Yermont, 
before  referred  to.  On  the  18th  of  Febi-uary,  Congress  by  an 
act  declared,  "  that  on  the  fourth  day  of  March,  one  thousand 


564  HISTORY   OF   EASTERN    VERMONT.  [1791 1795. 

seven  hundred  and  ninety,  one,  the  said  state,  bj  the  name  and 
style  of '  the  state  of  Yermout,'  shall  he  received  and  admitted  into 
this  Union,  as  a  new  and  entire  member  of  the  United  States  of 
America."  Thus  did  Vermont  finally  reach  the  position  which 
she  was  so  well  entitled  to  fill.  Her  accession  to  the  Union  was 
everywhere  regarded  with  satisfaction,  and  no  better  proof  of 
the  feeling  of  Congress  on  the  subject  is  needed,  than  the  fact 
that  she  was  admitted  without  debate  and  by  a  unanimously 
afiirmative  vote.* 

During  their  session  held  at  Windsor  in  the  months  of  Octo- 
ber and  November  following,  the  General  Assembly  of  Yer- 
mont  made  provision  for  raising  the  sum  of  $30,000,  by  a  gene- 
ral land  tax.f  At  this  period  in  the  history  of  the  United 
States,  before  the  establishment  of  a  national  -currency,  the 
difficulty  of  procuring  large  sums  of  silver  or  gold  was  severely 
felt.  Owing  to  this  scarcity  of  a  circulating  medium,  and  the 
poverty  of  the  people,  the  state  of  Yermont  was  unable  to  pay 
the  whole  of  the  stipulated  amount  at  the  appointed  time.  An 
act  was  therefore  passed  by  the  Legislature  of  New  York, 
extending  the  time  of  the  payment.  As  soon  as  the  greater  por- 
tion of  the  $30,000  had  been  received,  a  question  arose  as  to  the 
method  of  apportionment  which  should  be  adoptetl^,  in  dividing 
it  among  those  to  whom  it  belonged.  For  the  pm-pose  of  remov- 
ing all  trouble  on  this  point,  the  Legislature  of  New  York  passed 
an  act  on  the  6tli  of  April,  1795,  "  concerning  the  money  paid 
into  the  treasury  of  this  state,  by  the  state  of  Yermont." 

Jn  the  preamble  of  this  act,  the  various  proceedings  which  had 
led  to  a  settlement  of  the  controversy  were  recited,  and  the  neces- 
sity of  making  "  a  just  and  equitable  distribution"  of  the  money 
which  already  had  been  and  which  hereafter  was  to  be  paid,  was 
stated.  To  accomplish  this  object,  Robert  Yates,  John  Lansing 
Jr.,  and  Abraham  Yan  Yechten  were  appointed  commissioners, 

*  Williams's  Hist.  Vt.,  ii.  260,  261.  Blade's  Vt.  State  Papers,  pp.  194-196.  Life 
of  Nathaniel  Chipman,  pp.  83-95.     Ira  Allen's  Hist.  Vt.,  pp.  249,  250. 

•|-  "The  General  Assembly  of  Vermont  has  passed  a  law,  laying  a  tax  of  one 
halfpenny  per  acre,  on  all  lands  in  that  state,  for  the  purpose  of  raising  the  sum 
of  $30,000,  to  discharge  the  demand  of  the  state  of  New  York  upon  them." 
Tliomas's  Spy,  November  24,  1791,  No.  973. 

"  As  compensation  for  the  loss  of  these  lands,  the  state  of  Vermont  stipulated  and 
paid  to  the  state  of  New  York,  30,000  Spanish  milled  dollars." 

"  With  good  management,  30,000  dollars  cancelled  grants  from  the  late  colony 
of  New  York,  for  about  6,000,000  acres  of  land." — Ira  Allen's  Hist;  Vt,  pp. 
249,  250. 


1799.]      FINAL  SETTLEMENT  OF  TUE  DISPUTE  WITH  NEW  YORK.       5G5 

to  decide  all  claims  of  citizens  of  Xew  York  to  lands  situated 
in  Vermont  -wliicli  had  beeil  ceded  by  the  former  state  to  the 
latter,  and  to  determine  what  proportion  of  the  $30,000  each 
claimant  should  receive.  The  commissioners  were  directed  to 
give  notice  of  the  time  when  they  would  receive  and  examine 
claims.  Claimants  who  should  not  notify  their  claims  to  the 
commissioners,  within  one  year  after  the  publication  of  the 
notice,  were  declared  for  ever  barred  of  the  right  of  recovery. 
Vested  with  these  powers,  and  gui^ded  by  these  regulations,  the 
commissioners  began  their  examination.  Many  applications 
were  received,  and  the  amount  of  compensation  claimed  was 
far  greater  than  the  sum  from  which  it  was  to  be  drawn. 
Finally  on  the  23d  of  April,  1799,  the  commissioners  rendered 
their  report.  Of  the  seventy-six-claimants  among  whom  the 
sum  was  divided,  those  who  received  the  largest  amount  were 
Goldsbrow  Banyar,  Samuel  Avery,  the  heirs  of  James  Duane, 
William  Cockburne,  the  heirs  of  Simon  Metcalf,  Brooke  Wat- 
son, William  Smith,  John  Plenderleaf,  Jonathan  Hunt,  John 
Bowles,  Thomas  Norman  in  right  of  his  wife  the  daughter  of 
Crean  Brush,  Abraham  Lot,  Samuel  Stevens,  James  Abeel,  tlie 
heirs  of  Cadwallader  Golden,  and  John  Bard.* 

With  this  apportionment  all  the  direct  results  flowing  from 
the  controversy  between  New  York  and  Vermont  ceased.  The 
two  states,  united  by  the  bonds  of  trade  and  mutual  interest, 
no  longer  regarded  one  another  with  jealousy  or  distrust,  but 
sought  rather,  by  the  interchange  of  confidence  and  concession, 
to  obliterate  the  recollections  of  the  past.  From  the  time  when 
Vermont  first  declared  her  independence,  "  Freedom  and  Unity" 
was  the  expression  of  the  principles  which  guided  her  conduct. 
"  Freedom  and  Unity"  is  the  motto  with  which  she  now  stands 
among  the  states  of  this  Union. 

*  Life  of  Chipman,  p.  82.  Laws  of  N.  Y.,  18th  session,  pp.  34,  35.  Doc.  Hist. 
K  Y.,  iv.  1024,  1025. 

An  account  of  the  division  of  the  $30,000  is  contained  in  Appendix  L. 


CHAPTER  XXI. 


EAKLT   LAWS    OF   VERMONT — INDIAN   INSCRIPTIONS. 

First  constitution  of  Vermont  modelled  on  the  first  constitution  of  Pennsylvania 
— Constitution  of  Vermont  legalized  by  statutory  enactments — Epitome  of  the 
constitution — Its  religious  and  moral  elements — The  test  creed — Educational 
interests — Freedom  of  speech  and  of  the  press  maintained — Establishment  of 
courts  of  justice — Good  men  to  be  placed  in  office — The  purity  of  the  ballot- 
box — The  necessity  of  labor — First  essay  at  legislation — The  laws  of  February, 
1779 — The  "  Word  of  God"  and  the  "Connecticut  lawbook" — The  criminal 
code  of  Vermont — Capital  offences — Degrading  punishments — Manslaiigliter — 
Incest — Adultery — Polygamy — Housebreaking  and  highway  robbery — Coun- 
terfeiting— Riot — Perjury — Forgery — Lying — Theft — Cursing  or  profane  swear- 
ing— Gaming — Horse-racing — Night-walking — Tavern-haunting — Licensing  ta- 
vtrns — Drunkenness — Sabbath-breaking — Stocks — Care  of  tlie  poor — Militia 
service — Attorneys — Instances  of  the  infliction  of  corporal  pxuiishment — Sin- 
gular customs — Imprisonment  for  debt — The  burial  of  Thomas  Chandler  Sen. 
— The  marriage  of  Mrs.  Lovejoy — Indians  of  Vermont — Coos — Newbury — In- 
dian sculptures  at  Bellows  Falls — The  "  Indian  Rock"  on  West  or  Wantastiquet 
river. 

The  references  in  some  of  the  previous  chapters  to  the  statutes 
enacted  by  the  General  Assembly  of  Vermont  for  the  punish- 
ment of  Yorkers  and  the  enemies  of  the  state,  would  naturally 
lead  the  reader  to  inquire  concerning  the  character  of  the  early 
legislation  of  this  independent  jurisdiction.  Allusion  has  al- 
ready been  made  to  the  peculiar  circumstances  under  which 
the  first  constitution  of  Yermont  was  adopted.  Soon  after  the 
people  of  the  New  Hampshire  Grants  had  declared  that  district 
a  free  and  independent  state,  many  disinterested  persons  ex- 
pressed a  desire  that  the  organization  of  "New  Connecticut, 
alias  Yermont,"  as  the  new  state  was  called,  should  be  imme- 
diately effected.  On  the  11th  of  April,  17Y7,  Dr.  Thomas 
Young,  a  citizen  of  Philadelphia,  published  an  address  to  the 
inhabitants  of  Yermont,  urging  them  to  maintain  the  ground 
they  had  taken,  and  pointing  out  to  them  the  method  by  which 


1777.]     KEVIEW  OF  THE  CONSTITUTION  AND  LAWS  OF  VERMONT.      567 

many  of  the  difficulties  in  forming  a  government  might  be  met 
and  overcome.  "  I  have  recommended  to  your  committee,"  he 
observed  in  this  address,  "  the  constitution  of  Pennsylvania  as 
a  model,  which,  with  a  very  little  alteration,  will,  in  my  opi- 
nion, come  as  near  perfection  as  any  thing  yet  concocted  by 
mankind.  This  constitution  has  been  sifted  with  all  the  criti- 
cism that  a  band  of  despots  was  master  of,  and  has  bid  defiance 
to  their  united  powers."  His  advice  was  followed,  and  an  in- 
strument which  was  supposed  to  have  been  the  work  of  Benja- 
min Franklin  became  the  basis  of  that  upon  which  the  govern- 
ment of  Vermont  was  established.* 

Though  built  on  so  good  a  foundation,  the  constitution  of 
Vermont  was  the  work  of  men  whose  necessities  gave  them  but 
little  time  for  thought  or  deliberation.  Prej^ared  at  a  time 
when  the  United  States  was  engaged  in  a  war  which  convulsed 
the  whole  American  continent ;  completed  at  the  moment  when 
Burgoyne,  having  ravaged  the  shores  of  Lake  Champlain,  was 
maturing  the  reduction  of  Ticonderoga ;  and  published  while 
the  excitement  consequent  upon  the  triumph  at  Bennington 
"was  still  agitating  the  minds  of  the  Green  Mountain  Boys,  it 
was  never  sanctioned  by  a  vote  of  the  people,  but  was  tacitly 
accepted  by  them  as  the  exponent  of  their  rights  and  privileges. 
The  remark  of  Governor  Slade,  that  the  constitution  of  Ver- 
mont "  was  considered  a  mere  nullity  by  the  statesmen  of  that 
period,"  cannot  be  regarded  as  strictly  correct.  At  the  same 
time,  it  is  difficult  to  determine  in  what  estimation  it  was 
held,  either  by  them  or  the  people.  The  first  act  passed  by  the 
General  Assembly,  at  theii*  session  held  at  Bennington  on  the 
11th  of  February,  1779,  was  "  An  act  for  securing  the  general 
privileges  of  the  people,  and  establishing  common  law  and  the 
constitution^  as  part  of  the  laws  of  this  state."  For  what  pur- 
pose this  statute  was  needed  is  by  no  means  apparent.  In  its 
very  nature,  the  constitution  of  a  state  is  superior  to  any  statute 
law.  It  is,  in  a  certain  sense,  the  fountain  and  source  of  statute 
law.  By  it  the  state  is  organized  and  becomes  invested  with 
power  to  legislate.  The  attempt,  therefore,  of  the  General  As- 
sembly of  Vermont  to  legalize  the  constitution  of  the  state,  ap- 
pears to  have  been  either  simply  an  absurdity,  or  a  proof  that 

*  The  similarity  between  the  first  constitution  of  Vermont  and  the  firsc  consti- 
tution of  Pennsylvania  may  be  seen  by  comparing  those  instruments  as  they 
appear  in  the  "  Memoir  of  Thomas  Chittenden,"  by  Daniel  Chipman,  pp.  26-50. 
et  passim. 


5G8  HISTORY    OF   EASTERN    VERMONT.  [ITTY. 

the  statesmen  regarded  the  constitution  as  possessed  of  but  little 
binding  force,  and  hoped  to  dignify  it  in  the  estimation  of  the 
people,  by  investing  it  with,  at  least,,  the  power  of  law. 

Had  there  been  no  further  attempts  to  give  the  constitution  a 
statutory  force,  this  inference  might  be  regarded  as  partially 
correct.  The  desire  to  "  make  assurance  double  sure,"  seems, 
howevei',.  to  have'  prevailed  in  the  minds  of  the  law-makers,  and 
its  effect  in  bolstering  up  the  constitution  was  visible  in  a  num- 
ber of  instances.  In  June,  1782,  a  law  was  enacted  by  the 
General  Assembly,  while  in  session  at  Windsor,  for  the  purpose 
of  "  establishing  the  constitution  of  Vermont,  and  securing  the 
privileges  of  the  people."  At  a  convention  held  at  Manchester 
in  June,  1786,  the  constitution  was  revised  and  re-established. 
The  General  Assembly  sat  during  a  portion  of  February  and 
March,  1787,  at  Bennington,  and  on  the  8tli  of  the  latter  month 
they  declared  by  a  special  statute,  that  the  constitution  "  shall 
be  forever  considered,  held,  and  maintained,  as  part  of  the  laws 
of  this  state."  The  constitution  underwent  a  second  revision  at 
a  convention  held  at  Windsor  in  July,  1793.  At  a  session  of 
the  Genenxl  Assembly  held  at  Rutland  during  October  and 
]^ovember,  1796,  that  instrument  was,  by  a  legislative  enact- 
ment, passed  on  the  third  day  of  the  latter  month,  again  pro- 
nounced and  established  "  the  supreme  law  "  of  the  state.* 

The  first  constitution  was  "  established  by  convention "  on 
the  2d  of  July,  1777.  It  was  divided  into  three  parts.  The 
first  division  consisted  of  a  preamble,  in  which  were  set  forth 
the  reasons  that  had  induced  the  people  of  the  New  Hampshire 
Grants,  to  form  themselves  into  a  separate  and  independent 
commonwealth.  A  "  Declaration  of  the  rights  of  the  inhabit- 
ants of  the  state  of  Vermont"  was  comprised  in  the  second 
division.  The  third  division  contained  the  "  Plan  or  frame  of 
government,"  in  accordance  with  which  the  affairs  of  the  state 
were  to  be  conducted.  The  tone  of  the  whole  instrument  was 
moral,  manly,  independent.  Vermont  ever  strove  to  imbue  her 
public  expressions  with  the  spirit  of  freedom.  In  her  relations 
with  other  states,  she  preserved  her  word  and  her  honor  unim- 
paired. Only  in  her  negotiations  with  the  British  in  Canada 
did  she  employ  ambiguous  terms  and  the  arts  of  diplomacy, 
but  it  was  by  these  means  that  she  maintained  her  separate 

*  Blade's  Vt.  State  Papers,  p.  288.  Statutes  of  Vt.,  1787,  pp.  31,  32.  Acts 
and  Laws  of  Vt.,  1796,  pp.  3,  4. 


1777.]  JU6T    SENTIMENTS    CONCERNING    EELIGIOX.  569 

political  existence,  and  secured  the  frontiers  of  the  northern 
states  from  rapine  and  devastation.  The  positions  taken  in  the 
constitution  were  in  strict  conformity  with  the  character  of  men 
who  loved  liberty  and  hated  oppression.  The  natural  freedom 
of  man ;  the  inherence  of  power  in  the  people ;  the  establish- 
ment of  government  for  the  benefit  of  all ;  the  purity  of  the 
ballot-box ;  the  subserviency  of  private  property  to  public 
uses ;  the  trial  by  jury ;  the  sacredness  of  hearth  and  home ; 
the  subordination  of  the  military  to  the  civil  power ;  the  right 
of  petition  and  remonstrance — these,  and  other  principles 
equally  noble,  were  asserted  with  unaffected  confidence,  in  this 
exposition  of  the  moral,  civil,  and  political  faith  of  the  people 
of  Vermont. 

Concerning  man  as  a  religious  being,  it  was  claimed  "  that 
all  men  have  a  natural  and  unalienable  right  to  worship  Al- 
mighty God,  according  to  the  dictates  of  their  own  consciences 
and  understanding,  regulated  by  the  word  of  God  ;  and  that  no 
man  ought,  or  of  right  can  be  compelled  to,  attend  any  reli- 
gions worship,  or  erect  or  support  any  place  of  worship,  or 
maintain  any  minister,  contrary  to  the  dictates  of  his  con- 
science ;  nor  can  any  man  who  professes  the  Protestant  religion 
be  justly  deprived  or  abridged  of  any  civil  right,  as  a  citizen, 
on  account  of  his  religious  sentiment,  or  peculiar  mode  of  reli- 
gious worship ;  and  that  no  authority  can,  or  ought  to  be  in- 
vested in,  or  assumed  by  any  power  whatsoever,  that  shall,  in 
any  case,  interfere  with,  or,  in  any  manner,  control  the  rights 
of  conscience  in  the  free  exercise  of  religious  worship.  Never- 
theless, every  sect  or  denomination  of  people  ought  to  observe 
the  Sabbath  or  the  Lord's  day,  and  keep  up  and  support  some 
sort  of  religious  worship,  which  to  them  shall  seem  most  agree- 
able to  the  revealed  will  of  God."  These  sentiments  were 
more  strenuously  enforced  in  the  positive  declaration  that 
"  laws  for  the  encouragement  of  virtue  and  prevention  of  vice 
and  immorality  shall  be  made  and  constantly  kept  in  force  ; 
and  provision  shall  be  made  for  their  due  execution ;  and  all 
religious  societies  or  bodies  of  men,  that  have  been,  or  may  be 
hereafter,  united  and  incorporated  for  the  advancement  of  reli- 
gion and  learning,  or  for  other  pious  and  charitable  purposes, 
shall  be  encouraged  and  protected  in  the  enjoyment  of  the  pri- 
vileges, immunities,  and  estates,  which  they,  in  justice,  ought 
to  enjoy  under  such  regulations  as  the  General  Assembly  of 
this  state  shall  direct." 


570  HISTOKY   OF   EASTERN    VERMONT.  [1777. 

Though  these  semi-puritanic  law-givers  were  willing  to  allow 
to  the  people  a  considerable  latitude  in  the  "  mode  of  religious 
worship,"  yet  in  matters  of  religious  faith  they  were  more  ex- 
acting. Every  member  of  the  General  Assembly,  before  tak- 
ing his  seat,  was  required  to  accept  and  subscribe  a' test  creed, 
in  these  words : — "  I  do  believe  in  one  God,  the  Creator  and 
Governor  of  the  universe,  the  rewarder  of  the  good  and  punisher 
of  the  wicked.  And  I  do  acknowledge  the  scriptures  of  the 
Old  and  New  Testament  to  be  given  by  Divine  inspiration,  and 
own  and  profess  the  Protestant  religion."  It  appears  by  the 
records  of  the  General  Assembly,  that  Ethan  Allen,  who  was 
returned  a  member  from  Arlington  in  October,  1778,  refused 
to  express  his  belief  in  the  manner  prescribed  by  law.  His 
participation  in  the  deliberations  of  that  session,  shows  that  his 
non-conformity  did  not  debar  him  from  serving  as  the  represen- 
tative of  his  constituents.  When  in  October,  1785,  the  consti- 
tution was  revised,  the  acknowledgment  of  a  religious  belief 
was  deemed  essential,  and  the  test  creed  was  retained  un- 
changed. 

While  the  interests  of  religion  were  thus  protected,  educa- 
tional interests  were  not  neglected.  The  provision  made  for 
the  instruction  of  the  youth  of  the  state,  at  a  time  when  boys 
of  sixteen  were  compelled  to  bear  arms,  and  when  the  alai'ms 
of  war  rendered  a  continuous  attention  to  the  arts  of  peace  al- 
most impossible,  aifords  a  striking  example  of  the  forecast  of 
these  self-taught  statesmen.  Fully  imbued  with  the  necessity 
of  multiplying  the  advantages  of  instruction,  they  declared  that 
"  a  school  or  schools  shall  be  established  in  each  town  by  the 
Legislature,  for  the  convenient  instruction  of  youth,  with  such 
salaries  to  the  masters,  paid  by  each  town,  making  proper  use 
of  school  lands  in  each  town,  as  thereby  to  enable  them  to 
instruct  youth  at  low  prices.  One  grammar  school  in  each 
county,  and  one  university  in  this  state,  ought  to  be  established 
by  direction  of  the  General  Assembly."  To  these  wise  provi- 
sions and  to  the  laws  which  were  afterwards  enacted  in  accord- 
ance with  them,  Yermont  owes  the  high  position  which  she 
now  holds,  in  an  educational  point  of  view,  among  the  other 
states  of  the  Union. 

Among  a  people  who  had  ever  been  accustomed  to  express 
publicly  their  opinions,  restraints  infringing  upon  this  privilege 
would  be  necessarily  irksome.  To  guard  against  a  contingency 
of  this  nature,  and  to  protect  that  medium  by  which  public 


1777.]  ADMI^'ISTRATION    OF   JUSTICE.  571 

■wrongs  are  exposed,  the  condition  of  the  state  made  Icnown, 
and  information  of  every  j^roper  character  extended,  the  legis- 
lators of  Vermont  asserted  "  that  the  people  have  a  right  to 
freedom  of  speech,  and  of  writing  and  publishing  their  senti- 
ments :  therefore,  the  freedom  of  the  press  ought  not  to  be 
restrained,"  and  further,  that  "  the  printing  presses  shall  be  free 
to  every  person  who  undertakes  to  examine  the  proceedings  of 
the  Legislature,  or  any  part  of  government." 

Ever  since  the  abolition  of  colonial  rule,  the  trial  and  punish- 
ment of  evil-doers  had  devolved  upon  town  and  county-  com- 
mittees of  safety,  and  upon  such  other  temporary  tribunals  as 
had  been  warranted  by  public  policy,  and  tacitly  sanctioned  by 
the  people.  As  a  consequence  of  this  imperfect  mode  of  judi- 
cial administration,  the  power  thus  delegated  was  often  used  to 
gratify  the  promptings  of  malice,  or,  on  account  of  ignorance, 
was  not  exercised  with  that  discrimination  which  distinguishes 
accurately  between  the  right  and  the  wrong.  "  Courts  of  jus- 
tice shall  be  established  in  every  county  in  the  state,"  pro- 
claimed the  constitution,  and  thenceforth  Justice  blinded  her 
eyes  to  the  temptations  which  were  springing  up  on  every  side 
to  beguile  her,  and  adjusted  her  scales  with  honest  precision. 

For  the  purpose  of  securing  a  just  administration  of  the 
affairs  of  government,  the  principle  of  selecting  for  office,  men 
of  high  moral  character  and  unblemished  reputation,  w^as  early 
established.  In  avowing  this  idea  the  announcement  was  made, 
"  that  frequent  recurrence  to  fundamental  principles,  and  a  firm 
adherence  to  justice,  moderation,  temperance,  industry,  and 
frugality  are  absolutely  necessary  to  preserve  the  blessings  of 
liberty,  and  keep  government  free.  The  people  ought,  there- 
fore, to  pay  particular  attention  to  these  points  in  the  choice  of 
officers  and  representatives.  The  people  have  a  right  to  exact 
a  due  and  constant  regard  to  them,  from  their  legislators  and 
magistrates,  in  the  making  and  executing  such  laws  as  are 
necessary  for  the  good  government  of  the  state."  These  no- 
tions found  full  development  in  the  plain  statement  "  that  no 
person  shall  be  capable  of  holding  any  civil  office  in  this  state, 
except  he  has  acquired  and  maintains  a  good  moral  character." 
To  afford  a  more  effectual  protection  in  the  exercise  of  the 
elective  franchise,  it  was  decreed  by  the  constitution  that  "  all 
elections,  whether  by  the  people  or  in  General  Assembly,  shall 
be  by  ballot,  free  and  voluntary ;  and  any  elector  who  shall 
receive  any  gift  or  reward  for  his  vote,  in  meat,  drink,  monies, 


572  HISTOKY    OF   EASTERN    VERMONT.  [1777. 

or  otherwise,  shall  forfeit  liis  right  to  elect  at  that  time,  and 
suffer  such  other  penalty  as  future  laws  shall  direct.  And  any 
person  who  shall,  directly  or  indirectly,  give,  promise,  or  be- 
stow any  such  rewards  to  be  elected,  shall  thereby  be  rendered 
incapable  to  serve  for  the  ensuing  year."  By  legislative  enact- 
ments, other  punishments  were  denounced  against  those  who 
should  attempt  to  impair  the  purity  of  the  ballot-box. 

In  the  system  of  government  promulged  by  the  founders  of 
the  new  state,  industry,  as  the  safeguard  of  a  people,  was  a 
foundation  principle.  The  sentence  passed  upon  the  father  of 
mankind,  wherein  it  was  declared,  that  in  the  sweat  of  his  face 
he  should  eat  bread,  was  too  plainly  applicable  to  his  descend- 
ants inhabiting  a  country  as  unproductive  as  was  Vermont,  to 
allow  of  the  supposition,  that  any  one  could  live  there  without 
employment  of  some  nature.  Having  been  obliged  to  gain 
their  own  subsistence  by  toilsome  labor,  the  first  legislators  of 
Vermont  felt  and  declared  the  necessity  of  a  similar  course,  for 
all  who  desired  to  maintain  a  manly  self-respect.  Tliese  senti- 
ments found  expression  in  the  constitution,  in  the  following  lan- 
guage : — "  As  every  freeman,  to  preserve  his  independence  (if 
without  a  sufhcient  estate),  ought  to  have  some  profession,  call- 
ing, trade,  or  farm,  whereby  he  may  honestly  subsist,  there  can 
be  no  necessity  for,  nor  use  in  establishing  offices  of  profit,  the 
usual  eflfects  of  which  are  dependence  and  servility  unbecoming 
freemen,  in  the  possessors  or  expectants,  and  faction,  conten- 
tion, corruption,  and  disorder  among  the  people.  But  if  any 
man  is  called  into  public  service,  to  the  prejudice  of  his  private 
affairs,  he  has  a  right  to  a  reasonable  compensation.  And 
whenever  an  office,  through  increase  of  fees  or  otherwise,  be- 
comes so  profitable  as  to  occasion  many  to  apply  for  it,  the 
profits  ought  to  be  lessened  by  the  Legislature."* 

Such  were  some  of  the  features  of  the  constitution  under 
which  the  new  state  began  its  political  existence.  In  the 
government  as  established,  the  supreme  legislative  power  was 
vested  in  "  a  House  of  Bepresentatives  of  the  freemen,  or  com- 
monwealth, or  state  of  Vermont,"  and  the  supreme  executive 
power  in  a  Governor  and  a  Council  of  twelve,  the  members  of 
which  body  were  denominated  Councillors  or  Assistants.  The 
first  session  of  the  General  Assembly — the  name  by  which  the 


*  Acts  and  Laws  of  Vt.,  1119,  pp.  i. — xii.,  1,  2.     Slade's  Vt.  State  Papers,  pp. 
241-255,  287,  288,  524. 


1779.]       ACTS    PASSED    BY   THE   FIRST    GENERAL    ASSEMBLY.  573 

House  of  Representatives  was  commonly  designated — was  held 
in  March,  1778.  A  second  was  held  in  June,  and  a  third  in 
October  following.  The  laws  which  were  passed  at  these  ses- 
sions were  published  towards  the  close  of  the  year  in  pamphlet 
form,  but  were  never  recorded  in  the  office  of  the  secretary  of 
state.  Of  their  nature  little  is  known.  Tliey,  doubtless,  par- 
took more  of  the  character  of  temporary  regulations  than  of 
permanent  laws.  In  the  journal  of  the  first  session,  there  are 
two  entries  under  the  date  of  March  26th,  in  these  words  : — 

"  Passed  an  act  for  the  punishing  high  treason  and  other 
atrocious  crimes,  as  said  act  stands  in  the  Connecticut  law- 
book." 

"  Passed  an  act  against  treacherous  conspiracies,  as  said  act 
stands  in  the  Connecticut  law-book." 

From  these  and  other  indications  of  a  similar  nature,  it  may 
be  reasonably  inferred,  that  Connecticut  was  the  source  whence 
New  Connecticut,  alias  Vermont,  derived  many  of  her  ideas  of 
government  and  law,  Tlie  crnde  manner  in  which  these  ideas 
were  necessarily,  in  many  instances,  expressed,  was  doubtless 
the  reason  why  the  early  enactments  were  not  recorded.  "  It 
is  indeed  a  subject  of  regret,"  observes  Mr.  Slade,  "  that  any 
cause  should  have  been  thought  sufficient  to  justify  a  neglect, 
by  which  the  f/rst  essay  at  legislation  by  the  government  of 
Vermont,  has  been  lost  to  succeeding  generations." 

Prom  the  laws  enacted  at  the  fourth  session  of  the  General 
Assembly,  held  in  February,  1779,  a  very  correct  idea  may  be 
formed  of  the  determined  character  of  the  people  of  Vermont. 
No  one  can  fail  to  recognise  the  fact,  as  developed  in  these 
statutes,  that  they  loved  liberty,  hated  oppression,  and  deemed 
it  necessary  to  visit  crime  with  punishments  of  the  severest 
nature.  By  the  first  act  passed  at  this  session,  it  was  decreed, 
as  has  been  before  stated,  that  the  constitution  should  be  "  for- 
ever considered,  held,  and  maintained,  as  part  of  the  laws  of 
this  state."  In  the  preamble  of  the  same  act,  it  was  maintained 
that  "  the  free  fruition  of  such  liberties  and  privileges  as 
humanity,  civility,  and  Christianity  call  for,  as  due  to  every 
man,  in  his  place  and  proportion,  without  impeachment  and 
infringement,  hath  been,  and  ever  will  be,  the  tranquillity  and 
stability  of  churches  and  commonwealths ;  and  the  denial  or 
deprival  thereof,  the  disturbance,  if  not  the  ruin  of  both.' 
Agreeable  to  these  positions,  it  was  enacted  by  statute,  that 
"  no  man's  life  shall  be  taken  away ;  no  man's  honor  or  good 


574:  HISTORY    OF    EASTERN    VERMONT.  [1770. 

name  stained ;  no  man's  person  sliall  be  arrested,  restrained, 
banished,  dismembered,  nor  any  waj^s  punished  ;  no  man  sliall 
be  deprived  of  his  wife  or  children  ;  no  man's  goods  or  estates 
shall  be  taken  away  from  him,  nor  any  ways  indamaged  under 
colour  of  law,  or  countenance  of  authority,  unless  it  be  by  vir- 
tue of  some  express  law  of  this  state,  warranting  the  same, 
established  by  the  General  Assembly  ;  or,  in  case  of  the  defect 
of  such  law  in  any  particular  case,  by  some  plain  rule  war- 
ranted by  the  Word  of  God." 

That  the  "Word  of  God"  and  the  "  Connecticut  law  book" 
were  the  sources,  whence  were  drawn  those  ideas  which  pre- 
vailed in  the  formation  of  the  penal  statutes  of  Vermont,  may 
be  readily  seen  from  an  examination  of  the  statutes  themselves. 
"The  early  criminal  code  of  Connecticut,"  observes  a  late 
writer,*  "  recognized  twelve  capital  offences,  to  which  two  more 
were  afterwards  added,  and  all  of  which  were  founded  on  the 
strict  precepts  of  the  Levitical  law."  The  criminal  code  of 
Vermont,  adopted  in  February,  1779,  recognized  nine  offences 
punishable  by  death.  These  were  treason ;  murder ;  arson ;  rape ; 
bestiahty;  sodomy;  bearing  false  witness  against  a  person  for 
the  purpose  of  causing  his  death ;  mutilation,  either  by  mali- 
ciously cutting  out  or  disabling  the  tongue,  or  by  putting  out 
one  or  both  of  the  eyes,  "  so  that  the  person  is  thereby  made 
blind,"  or  by  emasculation ;  and  blaspheming  "  the  name  of 
God  the  Father,  Son,  or  PIoly  Ghost,  with  direct,  express 
presumption,  and  high-handed  blasphemy,"  or  cursing  "  in  the 
like  manner."  f 

Other  crimes  were  regarded  with  a  sternness  approaching 
almost  to  that  which  characterized  the  Draconian  system. 
Manslaughter  was  punished  by  the  forfeiture  to  the  state  of 
"  all  the  goods  and  chattels"  of  the  manslayer ;  by  whipping 
"  on  the  naked  body ;"  by  branding  the  hand  "  with  the  letter 
M  on  a  hot  iron  ;"  and  by  disabling  the  offender  "  from  giving 
verdict  or  evidence"  in  any  court  in  the  state.  Persons  con- 
victed of  the  crime  of  incest  were  compelled  to  sit  "  upon  the 
gallows  the  space  of  one  hour,  with  a  rope  about  their  neck, 
and  the  other  end  cast  over  the  gallows  ;  and  in  the  way  from 
thence  to  the  common  gaol,"  were  to  be  "  severely  whipt,  not 

*  See  "  Sketches  of  the  Lives  and  Judicial  Services  of  the  Chief  Justices  of  the 
Supreme  Court  of  the  United  States,"  by  George  Van  Santvoord,  p.  223. 

f  Acts  and  Laws  of  Vt.,  1779,  pp.  1,  2,  5,  73,  74,  94.     Slade's  Vt.  State  Papers, 

pp.  267,  287,  288,  29],  292,  354,  355,  375. 


17Y9.]  THE  LAW  AGAINST  ADULTKRY.  575 

exceeding  thirty-nine  stripes  each."  Other  punishments  for 
this  offence  were  stated  in  these  words  : — "  Persons  so  offend- 
ing, shall,  forever  after,  wear  a  capital  letter  I,  of  two  inches 
long  and  proportionaljle  bigness,  cut  out  in  cloth  of  a  contrary- 
colour  to  their  cloaths,  and  sewed  upon  their  garments,  on  the 
outside  of  their  arm,  or  on  their  back,  in  open  view.  And  if 
any  person  or  persons,  convicted  and  sentenced  as  aforesaid,  for 
such  offence,  shall,  at  any  time,  be  found  without  their  letter 
so  worn,  during  their  abode  in  this  state,  they  shall,  by  warrant 
from  any  one  assistant  or  justice  of  the  peace,  be  forthwitli  ap- 
prehended, and  ordered  to  be  publicly  whipt,  not  exceeding  fif- 
teen stripes,  and  from  time  to  time,  or  as  often  as  they  shall  so 
offend."  Incestuous  marriages  were  also  declared  void,  and  all 
children  born  of  such  connection  were  "  forever  disabled  to 
inherit  by  descent,  or  by  being  generally  named  in  any  deed 
oi;will,  by  father  or  mother." 

In  the  statute  "  against  and  for  the  punishment  of  adultery  " 
the  following  language  was  held  : — "  Whosoever  shall  commit 
adultery  with  a  married  woman,  or  one  betrothed  to  another 
man,  both  of  them  shall  be  severely  punished  by  whipping  on 
the  naked  body,  not  exceeding  thirty-nine  stripes,  and  stigma- 
tized, or  burnt  on  the  forehead  with  the  letter  A,  on  a  hot  iron  ; 
and  each  of  them  shall  wear  the  capital  letter  A,  on  the  back 
of  their  outside  garment,  of  a  different  color,  in  fair  view,  dur- 
ing their  abode  in  this  state.  And  as  often  as  such  convicted 
jierson  shall  be  seen  without  such  letter,  and  be  thereof  con- 
victed before  an  assistant  or  justice  of  the  peace  in  this  state, 
[he]  shall  be  whipt  on  the  naked  body,  not  exceeding  ten 
stripes."  Tlie  same  punishments  were  denounced  against  those 
who  should  be  gnilty  of  polygamy,  and  polygamous  marriages 
were  declared  "  null  and  void."  At  the  session  of  the  General 
Assembly  in  October,  1783,  the  statutes  against  adultery  and 
polygamy  were  re-enacted  in  a  more  definite  form,  but  with 
penalties  attached  similar  to  those  above  recited. 

House-breaking  and  highway  robbery  were  punished  with 
great  severity.  "  Whosoever  shall  commit  burglary,"  these 
were  the  words  of  the  statute,  "  by  breaking  up  any  dwelling- 
house,  or  shop,  wherein  goods,  wares,  and  merchandize  are 
kept ;  or  shall  rob  any  person  in  the  field  or  highway — such 
person,  so  offending,  shall,  for  the  first  offence,  be  branded  on 
the  forehead  with  the  capital  letter  B,  on  a  hot  iron,  and  shall 
have  one  of  his  ears  nailed  to  a  post  and  cut  off;  and  shall  also 


576  IIISTOKY    OF    EASTERN    YEKMONT.  [1779. 

be  wliipped  on  the  naked  body  fifteen  stripes.  And  for  the 
second  offence,  such  person  shall  be  branded  as  aforesaid,  and 
shall  have  his  other  ear  nailed  and  cut  off  as  aforesaid,  and 
shall  be  whipped  on  the  naked  body  twenty-five  stripes.  And 
if  such  person  shall  commit  the  like  offence  a  third  time,  he 
shall  be  put  to  death  as  being  incorrigible."* 

In  the  law  "  against  counterfeiting  bills  of  public  credit, 
coins,  or  currencies,"  the  penalties  denounced  upon  those  guilty 
of  this  offence  were  ex})ressed  in  these  words  : — "  Every  person 
or  persons,  so  offending,  shall  be  punished  by  having  his  right 
ear  cut  off,  and  shall  be  branded  with  the  capital  letter  C,  on  a 
hot  ii'on,  and  be  committed  to  a  work-house,  there  to  be  con- 
fined and  kept  to  work,  under  the  care  of  a  master,  and  not  to 
depart  therefrom,  without  special  leave  from  the  Assembly  of 
this  state,  until  the  day  of  his  death,  under  the  penalty  of  being 
severely  whipped  by  order  of  any  court,  assistant,  or  justi(;e, 
and  thereupon  to  be  returned  to  his  former  confinement  and 
labor."  In  addition  to  these  punishments  the  estate  of  the 
offender  was  declared  forfeited  to  the  state.  The  law  for  j)n- 
nishing  those  guilty  of  hindering  any  officer,  "judicial  or  exe- 
cutive, civil  or  military,"  in  the  performance  of  his  duty,  has 
been  previously  recited. f  By  the  law  enacted  for  the  purpose 
of  "  preventing  and  punishing  riots  and  rioters,"  offenders  were 
to  be  fined  a  sum  not  exceeding  £200,  and  imprisoned  for  not 
more  than  six  months,  or  whipped  "  not  exceeding  forty  stripes." 
Perjury  was  punished  by  a  fine  of  £50,  and  imprisonment  for 
six  months.  The  law  further  provided,  in  case  the  "  offender 
or  offenders,  so  offending,  have  not  goods  and  chattels  to  the 
value  of  £50,  that  then  he  or  they  shall  be  set  in  the  pillory  by 
the  space  of  two  hours,  in  some  county  town  where  the  offence 
was  committed,  or  next  adjoining  to  the  place  where  the  offence 
was  committed ;  and  to  have  both  his  ears  nailed  and  cut  off ; 
and  from  thenceforth  be  discredited,  and  disabled  forever  to  be 
sworn  in  any  court  whatsoever,  until  such  time  as  the  judg- 
ment shall  be  reversed.":}: 

Any  person  guilty  of  forgery  was  compelled  to  stand  in  the 
pillory  on  "  three  several  days  of  public  meeting,  not  exceeding 

*  Acts  and  Laws  of  Vt.,  1779,  pp.  3-5,  84,  93.  Blade's  Vt.  State  Papers,  pp. 
290,  291,  366,  374,  375,  473-475. 

+  Ante,  pp.  340,  341. 

X  Acts  and  Laws  of  Vt.,  1779,  pp.  13,  60,  61,  96.  Slade's  Vt.  State  Papers,  pp. 
300,  333,  346-348,  377. 


1779.]  PUNISHMENTS   FOR   THEFT.  577 

two  hours  each  day ;"  to  pay  double  damages ;  and  was  alsc 
rendered  incapable  of  giving  "  any  evidence  or  verdict  in  any 
court,  or  before  any  magistrate  or  justice  of  the  peace."  By 
the  act  "  for  the  punishment  of  lying,"  it  was  declared  "  that 
every  person  of  the  age  of  discretion,  which  is  accounted  four- 
teen years,  who  shall  wittingly  and  willingly  make  or  publish 
any  lie,  which  may  be  pernicious  to  the  public  weal,  or  tend 
to  the  damage  or  injury  of  any  particular  person,  or  to  deceive 
and  abuse  the  people  with  false  news  or  reports^  and  be  thereof 
duly  convicted  before  any  court,  assistant,  or  justice  of  the 
peace,  shall  be  fined  for  the  first  offence  405.,  or  if  unable  to 
pay  the  same,  then  such  person  shall  sit  in  the  stocks  not  ex- 
ceeding two  hours."  For  the  second  offence,  the  delinquent 
was  to  be  fined  "  double  the  aforesaid  sum,"  or  to  be  "  whip- 
ped on  the  naked  body,  not  exceeding  ten  stripes."  The  third 
offence  was  to  be  punished  by  "  double  the  fine  for  the  second," 
or  by  "  twenty  stripes  ;"  and  for  each  succeeding  offence  the 
fine  was  to  be  increased  IO5.,  or  five  stripes.  It  was  under- 
stood, however,  that  the  number  of  stripes  was  in  no  case  to 
exceed  thirty-nine. 

Theft,  provided  the  value  of  the  property  stolen  was  less  than 
£6,  was  punished  by  compelling  the  offender  to  make  restitu- 
tion to  the  owner  in  a  threefold  ratio,  and  by  a  discretionary 
fine,  not  to  exceed  £10.  If  the  value  of  the  property  was  £6 
or  more,  the  thief,  in  addition  to  the  triple  forfeiture,  was 
"  punished  by  whipping,  not  exceeding  thirty-nine  stripes." 
For  the  purpose  of  meeting  the  contingency  of  poverty,  it  was 
further  ordained  : — "  If  any  such  offender  be  unable  to  make 
restitution,  and  pay  such  three-fold  damages,  such  offender  shall 
make  satisfaction  by  service ;  and  the  prosecutor  shall  be,  and 
is  hereby  empowered  to  dispose  of  such  offender  in  service,  to 
any  suhject  of  this  state,  for  such  time  as  he  shall  be  assigned  to 
such  prosecutor  by  the  court,  assistant,  or  justice,  before  whom 
the  prosecution  shall  be."  Cursing  and  profane  swearing  were 
punished  by  a  fine  of  6s.,  or  by  sitting  in  the  stocks  "  not  exceed- 
ing three  hours,  and  not  less  than  one  hour,"  and  paying  the  cost 
of  prosecution.  He  who  allowed  gaming  in  any  form  on  his 
premises,  was  punished  by  fine,  as  was  also  he  who  engaged  in 
this  unlawful  sport,  or  in  horse-racing.* 

*  Acts  and  Laws  of  Vt,  1779,  pp.  35,  36,  44,  80,  88,  89,  92.  Slade's  Vt.  State 
Papers,  pp.  324,  331,  361,  362,  369,  370,  373. 

87 


578  HISTORY   OF   EASTERN   VERMONT.  [1779. 

For  the  purpose  of  preventing  "  unseasonable  niglit-walking, 
and  for  the  punishing  of  disorders  committed  in  the  night  sea- 
son," a  statute  was  enacted,  by  the  terms  of  which  it  was 
declared,  "  that  if  any  persons  that  are  under  the  government 
of  parents,  guardians,  or  masters ;  or  any  boarders  or  sojourn- 
ers, shall  convene,  or  meet  together,  or  be  entertained  in  any 
house,  without  the  consent  or  approbation  of  their  parents, 
guardians,  or  masters,  after  nine  o'clock  at  night,  any  longer 
than  to  discharge  the  business  they  are  sent  about;  or  shall 
meet  together,  and  associate  themselves  in  company  or  com- 
panies, in  streets  or  elsewhere  after  the  time  aforesaid,  and  shall 
commit  any  disorder,  or  make  any  rout  at  any  time  in  the 
night  season — each  person  so  offending  shall  forfeit  20,?.  for 
every  such  offence."  It  was  also  provided  by  this  act,  that 
if  any  person  suspected  of  being  engaged  in  causing  disturb- 
ance at  night,  should  not  be  able  to  give  "  a  satisfactory 
account"  of  himself  at  the  time  the  disturbance  occurred,  and 
prove  that  he  "  had  no  hand  "  in  it,  he  should  be  liable  for  all 
damage  arising  therefrom. 

Power  was  given  to  the  county  courts  to  license  suitable  per- 
sons to  keep  houses  of  public  entertainment.  At  the  same  time, 
means  were  taken  to  prevent  the  abuses  which  might  arise  from 
the  indiscriminate  sale  of  intoxicating  liquors.  Whenever  it 
should  appear  to  the  officers  of  a  town  that  any  person  residing 
within  the  town  was  "  a  tavern-haunter,"  or  that  he  spent  "  his 
time  idly"  at  houses  of  entertainment,  they  were  authorized 
"  to  cause  the  name  of  such  tavern-haunter  to  be  posted  at  the 
door  of  every  tavern  in  the  same  town,  by  setting  up  a  certifi- 
cate, under  their  hands,  forbidding  every  tavern-keeper  in  such 
town,"  under  penalty  of  a  fine  of  £3,  and  forfeiture  of  his  license- 
bond,  to  entertain,  or  suffer  any  tavern-haunter  so  posted,  "  to 
have  or  drink  any  strong  liquors  of  any  kind  whatsoever,  in  or 
about  his  house,"  until  the  prohibition  should  be  removed.  In 
case  the  person  warned  in  the  manner  aforesaid,  should  refuse 
to  lay  aside  his  "  evil  practises,"  authority  was  given  to  the  town 
officers  to  require  surety  for  his  good  behavior.  Should  the 
oftender  fail  to  find  surety,  he  was  required  "  to  pay  a  fine  of 
20s.  or  sit  in  the  stocks  for  the  space  of  two  hours,  on  some  pub- 
lic time  or  season." 

None  except  licensed  keepers  of  houses  of  public  entertain- 
ment were  allowed  to  vend  liquors  "  by  a  less  quantity  than  a 
quart."     Any  person  "  duly  convicted  of  keeping  a  tippling- 


1779.]  PENALTIES  FOR  DRUNKENNESS  AND  SABBATH-BREAKING.        579 

house,  or  of  selling  strong  beer,  ale,  cider,  perry,  metheglin, 
wine,  rum,  or  mixed  drink,  or  any  strong  drink  whatsoever,  by 
retail  in  small  quantities,  as  aforesaid,  without  license  first  had 
as  aforesaid,"  was  rendered  liable  to  a  fine  of  £3  for  the  first 
oflPence,  of  £6  for  the  second  offence,  and  in  default  of  payment 
in  either  case,  "  to  be  publicly  whipped  on  the  naked  body  not 
less  than  ten,  nor  exceeding  fifteen  stripes."* 

By  the  statute  for  "  the  punishment  of  drunkenness,"  it  was 
enacted  that  if  any  person  should  "  be  found  drunken,"  so  as  to 
"  be  thereby  bereaved  and  disabled  in  the  use  of  reason  and 
understanding,  appearing  either  in  speech,  gesture,  or  behavior, 
and  be  thereof  convicted,  he  or  she"  should  forfeit  to  the  trea- 
surer of  the  town  where  the  offence  was  committed,  "  for  the 
use  of  the  poor  therein,"  8s.  for  each  offence,  or  "  sit  in  the 
stocks  not  to  exceed  three  hours,  nor  less  than  one  hour."f 

In  no  instance,  perhaps,  was  the  influence  of  "  the  Connecti- 
cut lawbook"  more  aj^parent,  than  in  the  act  "for  the  due 
observation  and  keeping  the  first  day  of  the  week,  as  the  Sab- 
bath or  Lord's  day ;  and  for  punishing  disorders  and  profane- 
ness  on  the  same."  By  its  regulations  no  person  was  allowed 
to  perform  any  labor,  "  works  of  necessity  and  mercy,  only, 
excepted,"  or  engage  in  "  any  game,  sport,  play,  or  recreation" 
on  Sunday,  or  on  any  day  of  public  fasting  or  thanksgiving, 
under  a  penalty  not  exceeding  £10.  Whoever  should  be  guilty 
of  "  any  rude,  profane,  or  unlawful  behaviour  on  the  Lord's 
day,  either  in  words  or  actions,  by  clamorous  discourse,  or  by 
shouting,  halooing,  screaming,  running,  riding,  dancing,  jump- 
ing, blowing  of  horns,  or  any  such  like  rude  or  unlawful  words 
or  actions,  in  any  house  or  place,  so  near  to,  or  in,  any  public 
meeting-house  for  divine  worship,  that  those  who  meet  there 
may  be  disturbed  by  such  rude  and  profane  behaviour,"  was  to 
be  fined  4:0s.  for  every  such  offence,  and  "  whipped  on  the 
naked  back,  not  exceeding  ten  stripes,  nor  less  than  five."  I*^o 
person  was  allowed  to  "  drive  a  team,  or  droves  of  any  kind,  or 
travel  on  said  day,"  except  on  business  relating  to  "  the  present 

*  By  an  act  of  the  General  Assembly  passed  on  the  21st  of  October,  1*782,  this 
act  was  amended,  and  none  but  licensed  tavern-keepers,  and  persons  especially 
licensed  by  the  justices  and  selectmen,  in  each  town,  were  permitted  "  to  sell  any 
distilled  liqiior  or  wine,  in  any  less  quantity  than  fifteen  gallons,  delivered  and 
carried  away  at  one  time,  on  penalty  of  forfeiting  the  sum  of  £10."  See  ante,  pp. 
189,  190. 

\  Acts  and  Laws  of  Vt,  1779,  pp.  44,  77,  89-92.  Slade's  Vt.  State  Papers,  pp. 
331,  359,  370-373. 


580  HISTORY    OF   EASTERN    TEKMONT.  [1770. 

war,"  or  unless  '*  by  some  adversity"  lie  had  been  belated, 
"■  and  forced  to  lodge  in  the  woods,  wilderness,  or  highways  the 
night  before."  In  the  latter  case  he  was  allowed  to  proceed  on 
Sunday  no  further  than  to  "  the  next  inn  or  place  of  shelter." 

No  person  was  allowed  to  be  accompanied  by  an  attendant 
on  Sunday,  while  going  to  or  returning  from  "  the  public  wor- 
ship of  God,"  unless  necessity  or  mercy  required  it.  Listening 
"  outside  of  the  meeting-house  during  the  time  of  public  wop' 
ship  ;"  unnecessarily  withdrawing  one's  self  from  "  the  public 
worship  to  go  without  doors ;"  and  desecration  of  the  time  "  by 
playing  or  profanely  talking"  were  also  strictly  forbidden. 
The  old  New  England  custom,  according  to  which  Sunday  was 
regarded  as  beginning  at  sunset  on  Saturday,  not  only  obtained 
in  Yermont  but  was  in  a  measure  defended  by  law.  "  If  any 
number  of  persons,"  these  were  the  words  of  the  statute,  "  shall 
convene  and  meet  together  in  company  or  companies,  in  the 
street  or  elsewhere,  on  the  evening  next  before  or  after  the 
Lord's  day,  and  be  thereof  convicted,  [they]  shall  pay  a  fine 
not  exceeding  £3,  or  sit  in  the  stocks  not  exceeding  two  hours." 
To  this  section  a  proviso  was  attached  declaring  that  it  was  not 
to  be  "  taken  or  construed  to  hinder  the  meetings  of  such  per- 
sons upon  any  religious  occasions."  The  officers  of  each  town 
were  required  to  "  restrain  all  persons  from  unnecessary  walk- 
ing in  the  streets  or  fields,  swimming  in  the  water,  keeping 
open  their  shops,  or  following  their  secular  occasions  or  recrea- 
tions in  the  evening  preceding  the  Lord's  day,  or  on  said  day, 
or  evening  following."  A  wholesome  dread  of  disobeying  any 
of  the  regulations  enjoined  by  this  act  was  inculcated  by  the 
denunciation  of  penalties  of  various  kinds  against  Sabbath - 
breakers.* 

For  facilitating  the  infliction  of  punishment,  every  town  was 
ordered  to  "  make  and  maintain  at  its  own  charge,  a  good  pair 
of  stocks,  with  a  lock  and  key,  sufficient  to  hold  and  secure 
such  ofltenders  as  shall  be  sentenced  to  sit  therein ;  which  stocks 
shall  be  set  in  the  most  public  place  in  each  respective  town." 
In  accordance  with  the  principles  of  philanthropy  and  Christian 
charity,  measures  were  taken  for  "  maintaining  and  supporting 
the  poor,"  and  many  laws  having  for  their  object  the  welfare 
and  improvement  of  society  were  enacted. 


*  Acts  and  Laws  of  Vt.,  17*79,  pp.  26,  21.    Slade's  Vt.  State  Papers,  pp.  313- 
316. 


1779.]  MILITIA   LAWS.  581 

All  male  persons  between  the  ages  of  sixteen  and  fifty  were 
required  to  "  bear  arms,  and  duly  attend  all  musters  and  mili- 
tary exercises "  of  the  companies  to  which  they  belonged,  with 
the  exception  of  "  ministers  of  the  gospel ;  councillors  ;  justices 
of  the  peace ;  the  secretary  [of  state] ;  judges  of  probate  and 
of  superior  and  inferior  courts ;  the  president,  tutors,  and  stu- 
dents at  collegiate  schools  ;  masters  of  arts ;  allowed  physicians 
and  surgeons ;  representatives  or  deputies  for  the  time  being  ; 
school-masters  ;  attornies-at-law  ;  one  millei*  to  each  gi'ist-mill ; 
sheriffs  and  constables  for  the  time  being;  constant  jurymen; 
tanners,  who  make  it  theii*  constant  business  ;  and  lamed  per- 
sons or  others  disabled  in  body."  Each  soldier  and  house- 
holder was  required  to  be  always  provided  with,  and  to  have 
in  constant  readiness,  "  a  well  fixed  firelock,  the  barrel  not  less 
than  three  feet  and  a  half  long,  or  other  good  fire-arms,  to  the 
satisfaction  of  the  commissioned  officers  of  the  company  to 
which  he  doth  belong,  or  in  the  limits  of  which  he  dwells ;  a 
good  sword,  cutlass,  tomahawk,  or  bayonet ;  a  worm  and  prim- 
ing-wire fit  for  each  gun ;  a  cartouch-box  or  powder-horn,  and 
bullet-pouch  ;  one  pound  of  good  powder  ;  four  pounds  of  bul- 
lets fit  for  his  gun ;  and  six  good  flints."  Full  details  of  the 
rules  by  which  the  militia  of  the  state  were  to  be  guided  were 
also  set  forth,  and  provision  was  made  for  the  varied  difficulties 
which  might  arise  in  the  construction  of  a  military  organization. 

For  the  purpose  of  insuring  a  proper  presentation  of  the 
principles  of  law  and  justice,  and  in  order  to  prevent  ignorant 
and  unscrupulous  men  from  practising  in  the  courts,  every 
person  approved  of  as  an  attorney-at-law  was  required,  before 
being  admitted  to  the  bar,  to  take  the  following  oath  : — "  You 
swear  by  the  ever-living  God,  that  you  will  do  no  falsehood, 
nor  consent  to  any  to  be  done  in  the  court ;  and  if  you  know  of 
any  to  be  done,  you  shall  give  knowledge  thereof  to  the  judges 
or  justices  of  the  court,  or  some  of  them,  that  it  may  be  re- 
formed. You  shall  not,  wittingly,  and  willingly,  or  knowingly 
promote,  sue,  or  procure  to  be  sued,  any  false  or  unlawful  suit, 
nor  give  aid  or  consent  to  the  same.  You  shall  demean  your- 
self in  the  office  of  an  attorney  within  the  court,  according  to 
the  best  of  your  learning  and  discretion,  and  with  all  good 
fidelity,  as  well  to  the  court  as  to  the  client.     So  help  you  God."* 

*  Acts  and  Laws  of  Vt,  17"9,  pp.  18-24,  43,  18,  9*7,  98.  Slade's  Vt.  State  Pa- 
pers, pp.  305-312,  330,  331,  359,  360,  378,  379. 


582  HISTORY   OF   EASTERN    VERMONT.  [1779 1789. 

The  statutes  enacted  in  Februaiy,  1779,  some  of  the  most 
remarkable  of  which  have  been  cited,  served  as  the  basis  of 
the  system  of  law  which  for  many  years  obtained  in  Yermont. 
At  the  session  of  the  General  Assembly,  held  in  June,  1782, 
the  connnon  and  statute  laws  of  England,  so  far  as  they  were 
applicable  to  a  republican  form  of  government,  and  were  "  not 
repugnant  to  the  constitution,  or  to  any  act  of  the  Legislature  " 
of  Vermont,  were  adopted  as  the  laws  of  the  state.  Corporal 
punishment,  though  at  first  much  employed  as  a  means  of  refor- 
mation, gradually  fell  into  disuse,  as  moral  suasion  usurped  the 
place  of  brute  force,  and  finally  ceased  to  be  recognized  as  a 
lawful  penalty.*  Instances  of  the  infliction  of  this  and  of  other 
degrading  punishments  are  often  met  with  in  the  records  of 
Yermont  trials. 

At  the  session  of  the  Superior  court,  held  at  Windsor,  in 
February,  1784,  Abraham  Taylor,  who  pleaded  guilty  to  the 
commission  of  a  crime  too  indecent  to  name,  received  this  sen- 
tence : — "  That  he  be  taken  by  the  sheriff  to  the  whipping-post, 
and  be  whipped  on  the  naked  body  thirty-nine  stripes ;  sit  in 
the  pillory  half  an  hour  on  two  different  days,  viz.  half  an  hour 
on  each  day  ;  be  imprisoned  one  month ;  pay  a  fine  of  £20 
and  cost  of  prosecution  ;  and  stand  committed  till  judgment  be 
complied  with."  Martha  Mansfield  having  been  adjudged 
guilty  of  a  certain  offence,  at  the  session  of  the  Superior  court, 
held  at  Marlborough  on  the  fifth  Tuesday  of  August,  1786,  was 
sentenced  to  be  taken  to  the  pubHc  whipping-post  in  that  town  ; 
whipped  twenty  stripes  on  the  naked  body ;  pay  the  costs  of 
prosecution  ;  and  be  imprisoned  until  judgment  was  complied 
with.  At  the  same  time  Mary  Hazeltine  and  Timothy  IIol- 
brook  were  sentenced  to  receive  twenty-five  stripes  each,  and 
Thomas  "Walker  thirty  stripes.  On  the  first  Tuesday  of  March, 
1789,  a  session  of  the  Superior  court  was  held  at  Newfane. 
On  this  occasion  the  guilt  of  Ezra  Whitney  in  some  transaction 
having  been  proved,  he  was  sentenced  "  to  stand  in  the  pillory 
one  hour,  between  the  hours  of  twelve  and  two,  at  ]S!"ewfane  in 
the  county  of  Windham,  on  the  9tli  day  of  instant  March,  in  a 
pubHc  place  near  the  Court-house  ;  pay  a  fine  of  £30  to  the 
treasury  of  the  state ;  and  pay  costs  of  prosecution,  taxed  at 

*  The  efforts  of  the  first  Council  of  Censors,  at  their  meetings  held  during  the 
years  1785  and  1786,  were  very  beneficial  in  rendering  the  character  of  the 
punishment  for  minor  offences  less  brutal,  and  in  introducing  a  more  humane 
spirit  into  the  criminal  code  of  the  state. 


17Y9 — 1Y89.]  •  A    STEANGE   BUltlAL.  583 

£10  135.  Sciy  The  trial  of  Eeuben  Eow,  alias  Munroe,  by  the 
Supreme  coiirt,  at  tlieir  session  held  at  Newfane  on  the  4th  of 
September,  1789,  on  the  charge  "  of  passing  to  John  Holbrook 
Jr.  one  piece  of  false  money,  made  of  certain  mixed  and  base 
metals,  counterfeited  to  the  Hkeness  and  similitude  of  a  piece 
of  good,  lawful,  and  current  coin  of  this  state,  called  a  dollar," 
resulted  in  his  conviction.  The  sentence  of  the  court  was  car- 
ried into  execution  by  Samuel  Fletcher,  the  sheriff,  who  admi- 
nistered to  the  culprit  "  twenty  stripes  on  his  naked  back,  well 
laid  on,  at  the  common  whipping-post  in  said  Newfane,  between 
the  hou-rs  of  two  and  four  in  the  afternoon"  of  the  day  on 
which  the  judgment  was  rendered.  It  further  appears,  by  the 
records  of  the  court,  that  on  the  morning  of  the  same  day, 
"  Row  alias  Munroe "  was  punished  by  being  compelled  to 
stand  "  in  the  common  pillory "  of  "Windham  county  "  for  the 
space  of  one  hour."* 

In  a  country  or  state  where  no  very  definite  ideas  either  of 
law  or  of  the  principles  of  right  are  held  by  the  people,  customs 
sometimes  prevail,  which,  though  strange  and  unnatural,  are 
often  observed  with  the  most  scrupulous  care.  Of  those  which 
obtained  among  the  early  settlers  of  Vermont,  springing  from  a 
perversion  of  legal  maxims,  two  examples  have  been  preserved. 
On  the  16th  of  June,  1Y85,  the  General  Assembly  of  Yermont 
passed  an  act  discharging  from  imprisonment,  on  certain  condi- 
tions, Thomas  Chandler  of  Chester,  one  of  the  early  settlers  on 
the  Kew  Hampshire  Grants.  On  the  20th  of  the  same  month, 
before  he  was  enabled  to  comply  with  the  terms  of  the  act, 
Chandler  died  in  the  jail  at  Westminster,  where,  during  seve- 
ral months,  he  had  been  confined  for  debt.  According  to  the 
ideas  of  that  period,  if  the  friends  of  a  person  dying  in  prison 
carried  his  remains  beyond  the  boundaries  of  the  jail-yard  they 
were  regarded  as  accomplices  in  an  "  escape,"  and  were  sup- 
posed to  be  liable  to  satisfy  the  judgment  by  virtue  of  which 
he  was  confined.  Another  foolish  notion  led  people  to  ima- 
gine, that  any  one  who  should  bury  the  body  of  an  imprisoned 
debtor  would  thereby  become  executor  in  his  own  wrong,  and, 
as  an  intermeddler  with  the  estate  of  the  debtor,  liable  to  dis- 
charge the  debtor's  obligations.  How  to  give  Christian  burial 
to  the  remains  of  Judge  Chandler,  and  yet  avoid  the  responsi 
bility  of  answering  for  his  defaults,  was  a  serious  question. 

*  MS.  Court  Records.     Slade's  Vt.  State  Papers,  p.  450. 


584  HISTORY    OF   EASTERN    VERMONT.  [1779. 

For  several  days  the  corpse  remained  in  the  cell  of  the  jail, 
shunned  by  those  whose  common  sense,  one  would  suppose, 
should  have  taught  them  the  folly  of  a  custom  which  forbade 
them  to  perform  an  act  of  humanity  as  imperative  and  solemn 
as  is  that  of  inhumation.  At  length,  when  the  body  had  be- 
come so  offensive  as  to  endanger  the  health  of  the  prisoners 
confined  in  the  jail,  Nathan  Fisk,  the  jailer,  suggested  an  expe- 
dient which  was  quickly  put  in  practice.  On  measuring  the 
jail  liberties,  he  found,  that  by  stretching  the  chain,  he  could 
include  within  them  a  small  portion  of  the  adjoining  burying- 
ground.  A  grave  was  then  commenced  just  outside  the  grave- 
yard fence,  and  just  within  the  jail-yard  limits.  As  the  exca- 
vation advanced,  it  was  directed  obliquely  under  the  fence, 
until  a  sufiicient  depth  and  obliquity  had  been  obtained.  Tliese 
preparations  having  been  completed,  the  jailer  in  company 
with  a  few  individuals  entered,  in  the  silence  of  midnight,  the 
cell  where  the  putrescent  mass  was  lying,  placed  it  in  a  rough, 
box-like  coffin,  drew  it  on  the  ground  to  the  spot  selected  for  in- 
terment, and  consigned  to  its  last  resting-place  all  that  remained 
of  the  once  noted  Chandler.  Thus  was  he  buried  within  the  jail 
limits,  and  yet,  by  a  very  pardonable  evasion  of  law,  beneath 
the  consecrated  soil  of  "  the  old  Westminster  churchyard."* 

By  another  strange  perversion  of  legal  principles,  at  this 

*  This  story  is  related,  in  a  different  form,  by  the  Hon.  Daniel  P.  Thompson, 
in  that  most  entertaining  American  historical  novel,  entitled  "  The  Rangers ;  or, 
The  Tory's  Daughter,"  i.  99. 

Tlie  author  of  this  work  has  often  heard  the  circumstances  connected  with  the 
burial  of  Judge  Chandler  detailed  by  the  old  people  who  reside  in  the  vicinity 
of  the  place  where  the  event  occurred.  An  accoimt  of  the  incident  was  pub- 
lished on  the  9th  of  February,  1855,  in  the  Vermont  Republican,  a  newspaper 
printed  at  Brattleborough.  The  article  in  which  it  appeared,  entitled  "  More 
about  Westminster,"  was  first  printed  in  another  Vermont  newspaper,  the  Ver- 
gennes  Independent.  The  writer  of  the  article  illustrated  the  superstitious  views 
of  the  early  settlers  of  Vermont  by  a  more  singular  but  less  credible  story,  which  is 
here  given  in  his  own  words : — "  There  once  obtained  a  custom,  whether  warranted 
by  law  this  deponent  saith  not  of  holding  even  the  dead  body  of  a  debtor  liable 
to  arrest.  It  is  said  that  a  case  occurred  in  the  town  of  Dummerston,  within  the 
memory  of  some  now  living,  where  a  dead  body  was  arrested  on  its  way  to  the 
grave,  and  detained  till  some  of  the  friends  '  backed  the  writ,'  and  thus  became 
surety  for  the  debtor's  appearance  at  court.  As  the  return  day  of  the  writ  was 
some  time  off,  the  defendant  was  in  no  condition  to  appear,  and  consequently 
'  lurched  his  bail.'  I  must  confess  this  sounds  rather  apocryphal.  The  case  of 
poor  Sheridan,  who  was  arrested  while  in  the  agonies  of  death,  is  familiar  to 
every  literary  man,  but  the  arrest  of  a  corpse  seems  too  monstrous  to  be  be- 
lieved. Such  an  event,  if  it  has  occurred,  would  well  deserve  to  be  called  an 
arrest  on  mean  (mesne)  process." 


1725 — 1800.]  A  cuEiOTJS  wedding.  585 

early  period,  certain  people  were  led  to  beKeve,  that  whoever 
should  many  a  widow,  who  was  administratrix  upon  the  estate 
of  her  deceased  husband,  and  should  through  her  come  in  pos- 
session of  anything  that  had  been  purchased  by  the  deceased 
husband,  would  become  administrator  in  his  own  wrong,  and 
render  himself  liable  to  answer  for  the  goods  and  estate  of  his 
predecessor.  The  method  adopted  to  avoid  this  difficulty,  in 
the  marriage  of  Asa  Averill  of  "Westminster  to  his  second 
wife,  the  widow  of  Major  Peter  Lovejoy,  was  very  singular. 
By  the  side  of  the  chimney  in  the  widow's  house  was  a  recess 
of  considerable  size.  Across  this  a  blanket  was  stretched  in 
such  a  manner  as  to  form  a  small  inclosure.  Into  this  Mrs. 
Lovejoy  passed  with  her  attendants,  who  completely  disrobed 
her,  and  threw  her  clothes  into  the  room.  She  then  thrust  her 
hand  through  a  small  aperture  purposely  made  in  the  blanket. 
The  proffered  member  was  clasped  by  Mr.  Averill,  and  in  this 
position  he  was  married  to  the  nude  widow  on  the  other  side 
of  the  woollen  curtain.  He  then  produced  a  complete  assort- 
ment of  wedding  attire  which  was  slipped  into  the  recess.  The 
new  Mrs.  Averill  soon  after  appeared  in  full  dress,  ready  to 
receive  the  congratulations  of  the  company,  and  join  in  their 
hearty  rustic  festivities.  The  marriage  proved  a  happy  one, 
their  children  by  their  former  partners  hving  in  great  har- 
mony, not  only  with  each  other  but  with  those  also  who  were 
afterwards  born  to  the  new  pair.* 

Of  the  aboriginal  inhabitants  of  that  part  of  Vermont  which 
borders  the  banks  of  the  Connecticut,  very  little  is  known.  The 
L'oquois  Indians,  whose  hunting-ground  comprehended  the 
whole  of  the  western  portion  of  the  state,  seldom  extended 
their  wanderings  across  the  mountains,  and  have  left  but  few 
vestiges  of  their  presence,  even  in  the  places  which  were  most 
frequented  by  them.  The  country  in  the  neighborhood  of  Lu- 
nenburgh  and  ISTewbury,  and  on  the  side  of  the  river  opposite 
to  the  latter  place,  was  called  by  the  Indians,  "  Coos,"  which 
word,  in  the  Abenaqui  language,  is  said  to  signify  "  The 
Pines."  At  these  localities,  and  at  other  points  on  the  ujjper 
Connecticut,  formerly  resided  a  branch  of  the  Abenaqui  tribe. 
On  the  8th  of  May,  1725,  occurred  a  memorable  light  at  the 
lower  village  of  Pigwacket,  New  Hampshire,  which  resulted 

*  MS.  Letter  of  the  Hon,  William  C.  Bradley,  dated  March  16th,  1B51 


586  HISTOET    OF   EASTERN   A^ERMONT.  [1Y25 1800. 

in  the  defeat,  by  Capt.  John  Lovewell  and  thirty-four  men,  of 
a  large  Indian  force,  commanded  by  the  chiefs  Paugus  and 
Wahwa.  After  this  event  the  "  Coossucks,"  as  the  Indians 
were  called  who  inhabited  the  Coos  country,  deserted  their 
abodes,  and  removing  to  Canada  became  identified  there  with 
the  tribe  at  St.  Francis.  Subsequent  to  tlie  reduction  of  Ca- 
nada by  the  English,  in  1760,  several  Indian  families  returned 
to  Coos,  and  remained  there  until  they  became  extinct.* 

The  extent  of  the  Indian  settlements  at  Kewbury  has  never 
been  fully  ascertained.  The  character  of  the  country  was  such 
as  would  naturally  suit  the  taste  of  those  who  depended  upon 
hunting  and  fishing  for  support,  for  the  woods  were  filled  with 
bears,  moose,  deer,  and  game,  while  the  Connecticut  abounded 
in  salmon,  and  the  brooks  were  alive  with  trout.  Of  the  evi- 
dences of  savage  life  which  have  been  found  in  this  vicinity, 
the  following  account  by  a  citizenf  of  IsTewbury  may  be  relied 
on  as  correct.  "  On  the  high  ground,  east  of  the  mouth  of 
Cow  Meadow  brook,  and  south  of  the  three  large  projecting 
rocks,  were  found  many  indications  of  an  old  and  extensive 
Indian  settlement.  There  were  many  domestic  implements. 
Among  the  rest  were  a  stone  mortar  and  pestle.  The  pestle  I 
have  seen.  Heads  of  arrows,  large  quantities  of  ashes,  and  the 
ground  burnt  over  to  a  great  extent,  are  some  of  the  marks  of 
a  long  residence  there.  The  burnt  ground  and  ashes  were  still 
visible  the  last  time  the  place  was  ploughed.  On  the  meadow, 
forty  or  fifty  rods  below,  near  the  rocks  in  the  river,  was  evi- 
dently a  burying-ground.  The  remains  of  many  of  the  sons  of 
the  forest  are  there  deposited.  Bones  have  frequently  been 
turned  up  by  the  plough.  That  they  were  buried  in  the  sitting 
posture,  peculiar  to  the  Indians,  has  been  ascertained.  When 
the  first  settlers  came  here,  the  remains  of  a  fort  were  still  visi- 
ble on  the  Ox  Bow,  a  dozen  or  twenty  rods  from  the  east  end 
of  Moses  Johnson's  lower  garden,  on  the  south  side  of  the  lane. 
The  size  of  the  fort  was  plain  to  be  seen.  Trees  about  as  large 
as  a  man's  thigh,  were  growing  in  the  circumference  of  the  old 

*  An  account  of  a  few  of  the  Indians  who  inhabited  the  Coos  country,  during 
the  latter  part  of  the  last  and  the  earlier  portion  of  the  present  century,  is  giyen 
in  the  "  Historical  Sketches  of  the  Coos  country"  by  the  Rev.  Grant  Powers,  pp. 
178-189.     Consult  also  Thompson's  Vermont,  Part  II..  pp.  205,  206. 

■j-  David  Johnson,  Esq.,  a  son  of  the  worthy  Col.  Thomas  Johnson,  whose  name 
has  already  appeared  in  these  pages.  The  extract  given  in  the  text  is  taken 
from  Powers's  Coos  Country,  pp.  39,  40. 


1725—1800.] 


INDIAN   SCULPTUKES. 


587 


fort.     A  profusion  of  white  flint-stones  and  heads  of  arrows 
may  yet  be  seen  scattered  over  the  ground."*  * 

The  picture  writing  of  the  Indians,  w^hich  is  to  be  seen  in 
two  localities  in  Eastern  Yermont,  affords  satisfactory  evidence 
of  the  fact,  that  certain  tribes  were  accustomed  to  frequent  the 
Connecticut  and  the  streams  connected  with  it,  even  though 
they  were  not  actual  residents  of  the  pleasant  banks  within 
which  those  waters  are  confined.  At  the  foot  of  Bellows  Falls, 
and  on  the  west  side  of  the  channel  of  the  Connecticut,  are 
situated  two  rocks,  on  which  are  inscribed  figures,  the  meaning 
of  which  it  is  difficult 
to  determine.  The  lar- 
ger rock  presents  a 
group  of  variously  or- 
namented heads.  Tlie 
surface  which  these 
heads  occupy  is  about 
six  feet  in  height  and 
fifteen  feet  in  breadth. 
Prominent  among  the 
rest  is  the  figure  occu- 
pying nearly  a  central  position  in  the  group.  From  its  head, 
which  is  sujiported  by  a  neck  and  shoulders,  six  rays  or  feathers 
extend,  which  may  be  regarded  as  emblems  of  excellence  or 
power.  Four  of  the  other  heads  are  adorned  each  with  a  pair 
of  similar  projections. 
On  a  separate  rock, 
situated  a  short  dis- 
tance from  the  main 
group,  a  single  head 
is  sculptured,  which  is 
finished  with  rays  or 
feathers,  and  was  pro- 
bably intended  to  de- 
signate an  Indian 
chief.  The  length  of 
the  head,  exclusive  of  the  rays,  is  fourteen  inches,  and  its 
breadth  across  the  forehead  in  its  widest  part  is  ten  inches. 
These  sculpturings  seem  to  have  been  intended  to  commemo- 
rate  some   event  in  which   a   chief    and   a  number  of   his 


Indian  Sculptures. 


Indian  ScnlptnTe. 


This  account  was  published  in  the  year  1840. 


588 


HISTORY    OF    EASTKKN    VERMONT.  [1723 1800. 


tribe  performed  some  noted  exploit,  or  met  with  some  sad 
disaster.  The  former  supposition  is  midoubtedly  the  more  cor- 
rect. It  is  well  known  that  the  Indians  were  usually  careful  to 
conceal  the  traces  of  their  misfortunes,  and  eager  to  publish 
the  evidence  of  their  successes. 

The  rocks  are  situated  about  eight  rods  south  of  the  bridge 
for  common  travel,  across  the  Falls.  That  on  which  the  group 
is  pictured  is,  during  much  of  the  time,  under  water.  The 
other,  which  is  further  from  the  river,  is  not  so  much  affected 
by  the  wash  of  the  stream.     "Whenever  a  freshet  occm-s,  both 

are  covered.  An 
idea  of  the  locali- 
ty of  these  sculp- 
turings  may  be 
obtained  from  the 
accompanying 
engraving.  The 
view  presented  is 
from  a  point  be- 
tween the  two  not- 
ed rocks,  which 
are  respectively 
designated  by  the 
letters  A  and  B. 
A  train  on  the 
Sullivan  Railroad 
is  seen  passing  up 
on  the  other  side 
of  the  river.  In 
the  back-ground  rise  the  mountains  of  New  Hampshire. - 
On  the  south  bank  of  the  Wantastiquet  or  West  river,  in  the 

*  In  his  "Travels  through  the  Northern  Parts  of  the  United  States,  in  the 
Years  180Y  and  1808,"  Edward  Augustus  Kendall,  Esq.,  referred  to  the  sculptures 
at  Bellows  Falls,  and  endeavored  by  them  to  prove  that  the  characters  on  the 
rock  at  Dighton,  Massachusetts  (or  "  the  Writing  Rock  on  Taunton  River,"  as  he 
designated  it),  were  inscribed  by  the  Indians.  A  few  extracts  from  his  work  will 
show  the  pompous  style  in  which  he  treated  the  subject.  After  describing  Bel- 
lows Falls,  then  often  called  the  Great  Falls,  he  proceeded  to  his  argument,  in  these 
words: — 

"  The  entire  basin  of  the  cataract  is  of  coarse  granite,  fractured  into  large  masses. 
On  the  smooth  and  inclined  face  of  one  of  these  masses,  situate  on  the  south  side 
of  the  bridge,  and  on  the  west  side  of  the  river,  are  the  sculptures.  These  have 
a  comparative  insignificance  when  placed  beside  the  Writing  Rock  on  Taunton 


Locality  of  the  Sculptores. 


1T23— 1800.]  "  INDIAN  KOCK."  689 

town  of  Brattleborongh,  is  situated  the  "  Indian  Eock."  Its 
location  is  about  one  hundred  rods  west  of  the  point  of  junction 
of  the  "Wantastiquet  and  Connecticut  rivers.     It  lies  low,  and 

Eiver.  They  consist  in  outlines  of  a  variety  of  heads,  some  of  -which  are  human, 
and  some  belonging  to  animals.  Unlike  the  sculptures  of  the  Writing  Rock,  they 
are  parts  of  no  connected  work,  but  are  scattered  over  the  face  of  the  rock,  in  the 
most  even  and  eligible  places. 

"  It  is  to  these  sculptures,  then,  that  I  appeal,  as  to  conclusive  evidence  of  the 
Indian  origin  of  the  Writing  Rock.  They  are  too  rude,  too  insignificant,  and  too 
evidently  without  depth  of  meaning  to  be  attributed  to  Phoenicians  or  Cartha- 
ginians. No  person  will  carry  European  vanity  so  far  as  to  contend  that  there  is 
anything  here  above  the  level  of  the  Indian  genius.  But,  if  Indians  were  the 
authors  of  these  sculptures,  then  Indians  were  the  authors  of  the  Writing  Rock 
also.  The  style  of  the  drawing  is  the  same  ;  the  style  of  sculpture  is  the  same ; 
and  it  is  for  this  reason  that  I  add  nothing  now,  to  what  I  have  already  ad- 
vanced, in  regard  to  these  particulars.  All  that  requires  any  special  notice  is 
this,  that  the  rock  at  the  Great  Falls,  which  is  of  an  exceedingly  coarse  granite, 
must  have  been  wrought  with  still  more  difficulty  than  the  rock  on  Taunton 

River These  sculptures,  so  obviously  the  work  of  idle  hours,  and  for  the 

accomplishment  of  which  the  rudest  artist,  once  provided  with  a  tool,  must  be 
allowed  to  be  competent,  supply  us  with  the  fact,  that  the  Indians  were  able  to 
sculpture  rocks,  and  that  when  they  did  sculpture  them,  the  sculpture  resembled 
the  sculpture  of  the  Writing  Rock. 

"  In  more  than  one  of  the  heads  sculptured  at  the  Great  Falls,  we  see  an  exact 
similitude  to  the  heads  sculptured  on  the  Writing  Rock,  and  particularly  in  the 
circumstances,  that  a  single  dot  or  hollow  is  made  to  serve  both  for  nose  and 
mouth  ;  that  no  ears  are  given  to  the  human  heads  ;  and  that  the  crowns  of  the 

heads  are  bare Thus,  we  ascertain  that  in  the  sculptures  observed  upon 

the  Writing  Rock,  there  is  the  strictest  similitude,  in  workmanship  and  drawing, 

to  those  observed  upon  the  rocks  at  the  Great  Falls Thus,  all  questions 

are  answered,  except  those  that  regard  the  nature  of  the  tool  by  the  edge  of  which 
the  rocks  have  been  wrought  upon,  and  the  occasions  upon  which  the  figures 
have  been  wrought. 

"  With  respect  to  the  nature  of  the  tool,  every  difiBculty  would  be  dismissed  by 
supposing  that  the  sculptures  were  not  wrought  till  after  the  introduction  of  iron 
by  the  Europeans :  but,  there  appears  to  be  good  reason  for  thinking  them  more 
ancient,  and  we  shall,  therefore,  in  all  probability,  be  compelled  to  believe,  that 
the  tool  was  of  no  better  material  than  stone. 

"  One  only  question  remains,  upon  which  I  shall  venture  to  hazard  any  remark, 
and  this  respects  the  occasions  upon  which  rocks  have  been  sculptured  by  the 
Indians. 

"  In  the  first  place,  it  is  matter  of  notoriety  that  the  Indians  have  always  pur- 
sued the  practice  of  representing,  by  delineation,  carving,  and,  as  we  are  now 
entitled  to  add,  by  sculpture,  those  objects  and  those  events  concerning  which 
they  either  wished  to  make  some  instant  communication,  or  to  preserve  some 

durable  monument In  the  second  place,  there  can  be  little  reason  to 

doubt,  that  they  sometimes  exercised  their  skill,  in  all  the  arts  now  mentioned, 
for  the  mere  purposes  of  pastime ;  and,  in  this  view,  it  appears  unnecessary  to 
admit  the  doctrine,  advanced  by  some  persons  in  the  neighborhood  of  the  Great 
Falls,  in  regard  to  the  sculptures  there  displayed,  namely,  that  the  heads  wrought 
upon  the  rocks  are  the  heads  of  men,  women,  children,  and  animals  that  have 


590  HISTORY    OF   EASTERN    VERMONT.  [1723 ISOO. 

during  a  part  of  the  year  is  covered  with  water,  or  with  sand 
and  dirt,  the  deposit  of  the  river.     On  first  examining  this 

rock,  the  fig- 
ures on  the  up- 
per part  of  it 
were  alone  visi- 
ble. Just  be- 
low them,  the 
rock  was  cover- 
ed with  earth 
to  the  depth  of 
six  inches.  The 
earth  was  re- 
moved, until  a 
"  Indian  Kock."  Burface  measur- 

ing ten  feet  in 
width,  and  eight  feet  in  height,  was  exposed.  At  the  point 
where  the  workmen  ceased  digging,  the  rock  was  covered  with 
three  feet  of  earth.  The  whole  surface  of  the  rock,  was,  upon 
closer  scrutiny,  found  to  be  covered  with  inscriptions.  Among 
these  the  date  1755  was  to  be  distinguished.  The  two  figures 
in  the  upper  corner  of  the  engraving,  and  on  a  line  with  one 
another,  are  each  about  eight  inches  in  height,  and  six  inches 
across,  measuring  from  the  extremities  of  the  lateral  append- 
ages. Of  the  ten  figures  here  presented,  six  are  supposed  to 
designate  birds,  two  bear  a  resemblance  to  snakes,  one  is  not 
unKke  a  dog  or  a  wolf,  and  one  conveys  no  idea  either  of  bird, 
beast,  or  reptile.  The  chiselling  of  these  sculptures  is  deeper 
and  more  easily  traced  than  that  of  the  sculptures  at  Bellows 

been  drowned  in  the  cataract — the  Indians  being  used  to  commemorate  by  scnlp- 
tures  particular  catastrophes  of  this  kind.  We  may  object  to  this,  first,  that  there 
is  no  reason  to  believe  in  the  occurrence  of  so  many  fatal  accidents  at  this  spot, 
as  the  number  of  heads  must  in  such  case  attest ;  secondly,  that  the  sculptures  on 
these  rocks  are  disposed  with  no  solemnity  or  order,  but  are  scattered  in  the  most 
careless  manner  ;  and,  thirdly,  that  it  is  highly  probable  that  they  were  the  work 
of  idle  hours  spent  among  these  rocks,  at  a  place  so  favourable  for  fishing  as  the 
foot  of  a  cataract,  and  therefore  so  much  a  place  of  resort. 

"  In  this  view,  the  sculptured  rocks  at  the  Great  Falls  will  be  a  monument  only 
of  this,  the  ancient  existence  of  a  neighbouring  population,  and  the  ancient  fish 
eries  pursued  here;  while  the  Writing  Rock,  also  found  in  a  situation  favourable 
for  fishing,  will  be  regarded,  from  the  variety  which  it  contains,  and  the  appa- 
rent combinations  and  relations  of  parts  which  it  betrays,  as  an  elaborate  monu- 
ment of  some  transaction  of  which  no  other  trace  remains  to  elucidate  this  imper- 
fect iconography."— iii.  205,  206,  207,  209-213. 


1723 ISOO.]  PKOBABLE    0KIGI2T    OF   THE    SCULPTrEES.  591 

Falls.  Iconograpllic  skill  may  detect  the  meaning  of  these 
configurations.  The  impression,  which  one  unused  to  the 
study  of  hieroglyphics  receives  from  an  examination  of  them, 
is  that  they  are  the  work  of  the  Indians,  and  that  they  were 
carved  by  them  merely  for  amusement,  while  watching  at  this 
spot  for  game,  or  while  resting  after  the  toils  of  the  chase.* 
Such  are  the  most  important  memorials  of  the  Indians  which 

*  "  On  West  River,  a  little  above  its  mouth,  are  a  few  Indian  sculptures,  the 
last  that  I  shall  have  to  introduce  to  the  reader's  notice.  '  A  number  of  figures 
or  inscriptions  are  yet  to  be  seen  upon  the  rocks  at  the  mouth  of  this  river,  seem- 
ing to  allude  to  the  affairs  of  war  among  the  Indians ;  but  their  rudeness  and 
awkwardness  denote  that  the  formers  of  them  were  at  a  great  remove  from  the 
knowledge  of  any  alphabet.'  By  this  account.  Written  by  a  native  topographer, 
and  derived  from  a  History  of  Vermont,  my  curiosity  was  long  raised ;  but,  iipon 
visiting  the  rock  intended  to  be  referred  to,  I  found  only  the  most  insignificant 
of  all  the  Indian  sculptures  that  I  had  met  with.  The  historian.  Dr.  Williams, 
with  whom  I  had  afterwards  the  pleasure  of  conversing,  and  whose  book  disco- 
vers a  spirit  of  inquiry,  and  contains  many  original  views,  informed  me,  that  as 
to  the  sculptures  on  West  River,  he  had  rashly  relied  on  the  observations  of  other 
eyes  than  his  own. 

"  These  sculptures  comprise  only  five  figures  of  a  diminutive  size,  and  scratched, 
rather  than  sculptured,  on  the  surface  of  a  small  mass  of  schistic  rock,  situate  on 
the  side  of  a  cove  in  a  meadow,  above  the  mouth  of  the  river.  Of  the  five  figures 
four  represent  birds,  and  one  is  either  that  of  a  dog  or  of  a  wolf  I  was  informed 
that  on  a  lower  part  of  the  rock  adjacent,  there  was  a  sculptured  snake,  so  exqui- 
sitely wrought  as  to  have  terrified,  by  its  resemblance  to  nature,  an  honest  coim- 
tryman  of  the  neighbourhood.  The  water,  however,  was  at  this  time  low,  and 
neither  myself,  nor  the  gentleman  who  did  me  the  favour  to  accompany  me,  was 
able  to  discover  any  snake ;  and,  on  closer  inquiry,  no  sort  of  foundation  could 
be  found  even  for  the  story  itself 

"  The  West  River  rock  affords  us,  therefore,  nothing,  or  next  to  nothing,  in  any 
view  save  one  ;  and  this  is,  the  example  of  a  disposition  in  the  Indians  to  sculp- 
ture rocks,  and  to  sculpture  them  even  for  amusement.  The  cove,  which,  it  may 
be  believed,  was  anciently  overrun  with  wild  rice  (zizania  aqtiatica),  has  always 
been  a  celebrated  resort  of  wild  ducks.  It  is  at  this  day  a  favourite  place  for 
shooting  them  ;  and  we  may  believe  that  the  Indians  were  accustomed  to  spend 
many  hours  here  watching  either  for  water-fowl  or  for  fish.  Hence,  the  sculp- 
tures, both  at  the  Great  Falls  and  on  West  River,  are  to  be  attributed  to  the 
whim  of  vacant  moments." — Kendall's  Travels,  iii.  219,  220,  221. 

In  the  work  from  which  the  above  extracts  are  taken,  Mr.  Kendall  gives  a 
very  particular  description  of  certain  figures,  said  to  be  cut  by  the  Indians  on  the 
trunk  of  a  pine  tree  in  Weathersfield.  These  carvings,  according  to  Mr.  Kendall, 
were  designed  to  commemorate  the  birth  of  a  child,  whose  mother  was  taken 
prisoner  at  the  burning  of  Deerfield  in  the  year  1704.  The  foimdation  of  this 
incorrect  statement  is,  doubtless,  the  stones  still  standing  on  the  north  bank  of 
Knapp's  brook,  in  the  town  of  Reading,  which  were  erected  to  commemorate  the 
birth  of  Captive  Johnson,  which  event  took  place  on  the  31st  of  August,  1754. 
All  inquiries  concerning  this  monumental  tree  have  proved  fruitless.  The  oldest 
inhabitants  of  Weathersfield  have  never  known  of  its  existence.  It  is  probable, 
therefore,  that  Mr.  Kendall's  accurate  description  of  the  appearance  and  form  of 


592  HISTOET    OF   EASTERN   VEEMONT.         [1723 — 1800. 

are  to  be  found  in  Eastern  Vermont.  Regarded  as  specimens 
of  the  rude  and  uncultivated  attempts  of  a  now  decaying  race 
to  express  tjieir  ideas,  however  unimportant  those  ideas  may 
have  been,  they  cannot  but  be  viewed  with  mingled  emotions 
of  curiosity  and  respect. 

the  carvings  vnth.  which  he  has  adorned  it,  waa  due  either  to  an  imposition  prac- 
tised upon  him,  or  to  his  fondness  for  mythical  conceptions. — Kendall's  Travels, 
iii.  207-210,  212.     Also  ante,  pp.  65,  66. 


BIOGKAPHICAL  CHAPTER 


STEPHEN   KOW    BRADLEY. 


The  brothers  Bradley,  six  or  seven  in  number,  came  to  tliis 
conntry  from  England  about  the  year  1650,  having  previously 
served"  among  Cronnvell's  Ironsides,  in   v.-liich  corps  William 


594  HISTORY    OF   EASTERN    VERMONT. 

Bradley,  the  first  settler  of  ISTortli  Haven,  Connecticut,  and  one 
of  the  brothers,  was  an  officer.*  Stephen  Bradley,  another  of 
the  brothers,  became  a  resident  of  New  Haven,  w^here  he  labored 
at  his  calling,  which  was  that  of  a  silversmith.  On  the  beha- 
vior of  the  Protector's  troops  when  disbanded,  Macaulay  has 
passed  the  highest  encomium.  "  Fifty  thousand  men,  accustomed 
to  the  profession  of  arms,  were  at  once  thrown  on  the  world : 
and  experience  seemed  to  warrant  the  belief  that  this  change 
would  produce  much  misery  and  crime,  that  the  discharged 
veterans  would  be  seen  begging  in  every  street,  or  that  they 
would  be  driven  by  hunger  to  pillage.  But  no  such  result  fol- 
lowed. In  a  few  months  there  remained  not  a  trace  indicating 
that  the  most  formidable  army  in  the  world  had  just  been 
absorbed  into  the  mass  of  the  community.  The  Royalists  them- 
selves confessed  that,  in  every  department  of  honest  industry, 
the  discarded  warriors  prospered  beyond  other  men,  that  none 
was  charged  with  any  theft  or  robbery,  that  none  was  heard  to 
ask  an  alms,  and  that,  if  a  baker,  a  mason,  or  a  waggoner  attract- 
ed notice  by  his  diligence  and  sobriety,  he  was  in  all  probability 
one  of  Oliver's  old  soldiers."  Wholly  consonant  w'ith  this  de- 
scription of  the  scarred  and  war-worn  veterans  of  the  Protectorate 
was  the  conduct  of  the  Bradleys. 

Moses  Bradley  of  Cheshire,  Connecticut,  the  second  son  of 
Stephen,  married  Mary  Bow,  only  daughter  and  heiress  of 
Daniel  Row  of  Mount  Carmel,  now  Hamden.  Tlieir  son, 
Stephen  Row  Bradley,f  the  subject  of  this  notice,  was  born  in 
that  part  of  Wallingford  which  is  now  comprised  in  the  town 
of  Cheshire,  on  the  20th  of  February,  1754.  Having  entered 
Yale  College,  he  w^as  graduated  at  that  institution  a  Bachelor 
of  Arts  on  the  25th  of  July,  1775.  Three  years  later,  on  the  9th 
of  September,  1778,  he  received  from  his  Alma  Mater  the 
degree  of  M.  A.  Of  his  early  tastes,  some  idea  may  be  formed 
from  the  fact,  that,  while  a  student  in  college,  he  prepared  an 
almanac  for  the  year  1775,  an  edition  of  which,  numbering  two 

*  "  The  first  settler  in  North  Haven  appears  to  have  been  William  Bradley,  who 
had  been  an  officer  in  Cromwell's  army.  He  lived  here  soon  after  the  year  1650, 
on  the  land  belonging  to  Governor  Eaton,  who  owned  a  large  tract  on  the  west 
side  of  the  [Wallingford  or  Quinnipiac]  river." — Barber's  Conn.  Hist.  Coll.,  p.  241. 

\  Whenever  Mr.  Bradley  wrote  his  name  at  full  length,  which  was  but  seldom, 
he,  until  past  middle  life,  put  it  down  "Stephen  Row  Bradley."  It  was  so  spelt 
in  the  record  of  his  baptism  in  Wallingford,  and  also  on  the  title-page  of  an  alma- 
nac which  he  published  in  1775.  "Rowe"  and  "Roe"  are  the  other  forms  in 
which  the  middle  name  sometimes  appears. 


STEPHEN   KOW   BKADLET.  595 

thousand  copies,  was  published  by  Ebenezer  "Watson  of  Hartford, 
printer,  on  the  1st  of  November,  1774. 

Soon  after  graduating  he  entered  the  American  service,  and 
as  early  as  the  4:th  of  January,  1776,  was  captain  of  a  company 
called  the  "  Cheshire  Yolunteers."  During  that  month  he  was 
ordered  to  march  his  men  to  New  York,  and  his  pay  rolls,  which 
were  presented  to  Congress  on  the  26th  of  June,  1776,  show 
that  he  and  his  company  were  employed  in  the  continental  ser- 
vice from  January  25th  to  February  2oth  of  that  year.  It 
would  appear  that  he  soon  after  relinquished  the  captaincy  of 
this  company..  On  the  17th  of  December,  1776,  with  the  rank 
of  adjutant,  he  was  appointed  to  the  stations  of  vendue  master 
and  quarter  master.  He  afterwards  served  as  aid-de-camj)  to 
General  David  Wooster,  and  was  engaged  in  that  capacity 
when  that  noble  officer  fell  mortally  wounded  on  the  27th  of 
April,  1777,  during  the  attack  on  Danbury.  In  1778  Bradley 
was  employed  as  a  commissary,  and  during  the  summer  of  1779 
served  as  a  major  at  New  Haven.  The  time  which  he  could 
spare  from  military  avocations  was  occupied  in  more  peaceful 
pursuits.  It  appears  from  a  letter  written  by  Richard  Sill, 
dated  January  27th,  1778,  that  Bradley  was  at  that  time  teach- 
ing a  school  at  Cheshire.  His  law  studies,  in  the  meantime, 
were  directed  by  Tapping  Reeve,  afterAvards  the  founder  of  the 
Litchfield  law  school.  The  precise  date  of  his  removal  to  Ver- 
mont is  not  known.  It  is  probable  that  even  after  his  removal 
he  not  unfrequently  visited  Connecticut,  until  he  resigned  his 
place  in  the  militia  of  that  state. 

His  first  appearance  in  public,  in  Vermont,  was  at  an  ad- 
journed session  of  the  Superior  court,  held  at  Westminster  on  the 
26th  of  May,  1779.  On  this  occasion  he  was  commissioned  as  an 
attorn ey-at-law,  and  received  a  license  to  plead  at  the  bar  within 
that  "  independent "  state.  At  the  same  time  he  was  appoint- 
ed clerk  of  the  court.  His  knowledge  of  the  law  and  the  ability 
which  he  displayed  in  the  practice  of  his  profession,  raised  him 
at  once  to  a  high  position  in  the  estimation  of  the  community. 
On  the  16th  of  June,  1780,  he  was  made  state's  attorney  for  the 
county  of  Cumberland.  At  this  period  the  controversy  respect- 
ing the  title  of  the  New  Hampshire  Grants  was  attracting  the 
attention,  not  only  of  the  states  which  laid  claim  to  that  district, 
but  of  Congress.  "  Having  popular  manners,  and  a  keen  in- 
sight into  society,  he  became  a  prominent  political  leader,  and 
exercised  a  large  influence  in  laying  the  foundation  of  the  state 


596  HISTORY    OF   EASTERN    VERMONT. 

of  Yermont,  then  the  Texas  of  this  country.  Ethan  Allen,  L-a 
Allen,  Seth  Warner,  and  Thomas  Chittenden,  all  from  Connec- 
ticut, being  the  Austins  and  Houstons  of  its  early  history."  On 
the  24th  of  September,  1779,  Congress,  by  an  act,  resolved  to 
adjudicate  upon  the  claims  of  Massachusetts  Bay,  New  Hamp- 
shire, and  New  York,  on  the  1st  of  February,  1780.  To  Mr. 
Bradley  was  assigned  the  task  of  presenting,  for  the  considera- 
tion of  Congress,  the  views  held  by  Yermont  on  this  important 
question. 

With  but  little  knowledge,  at  the  time,  of  the  extent  of  the 
subject,  the  young  lawyer  commenced  his  investigations,  and 
in  less  than  two  months,  had  completed  a  faithful  and  well- 
written  account  of  the  state  of  the  controversy.  Tliis  was  read 
before  the  Council  of  Yermont,  at  Arlington,  on  the  10th  of 
December,  1779,  and,  having  been  approved  of  by  them,  was 
ordered  to  be  published.  It  appeared  early  in  the  year  1780, 
under  the  title  of  "  Yermont's  Appeal  to  the  Candid  and 
Impartial  World,"  and  aided  essentially  in  supporting  the 
claims  of  Yermont  to  a  separate  and  independent  government. 
It  was  written  with  vigor,  and  did  not  want  those  flowers  of 
rhetoric  which  adorn,  and,  not  unfrequently,  strengthen  argu- 
ment. Few  copies  of  this  production  are  now  extant,  but 
among  those  pamphlets  written  at  this  period  upon  the  contro- 
versy, "  Yermont's  Appeal "  stands  pre-eminent,  not  only  on 
account  of  the  force  with  which  it  is  composed,  but  also  by 
reason  of  the  manner  in  which  the  topics  of  which  it  treats  are 
presented.  It  was  laid  before  Congress  early  in  February, 
1780,  by  its  author,  who  had  been  previously  selected  to  advo- 
cate the  claims  of  Yermont  at  Philadelphia.  Copies  of  the 
pubKcation  were  also  presented  to  many  of  the  members,  but 
no  opportunity  was  granted  to  Mr.  Bradley  to  appear  in  person 
before  a  committee  of  Congress,  in  consequence  of  the  post- 
ponement of  the  consideration  of  the  controversy  question.  In 
the  month  of  September  following,  Mr.  Bradley  again  visited 
Philadelphia,  as  a  commissioner  in  behalf  of  Yermont.  At  the 
end  of  two  weeks,  he  and  his  colleague,  Ira  Allen,  became  con- 
vinced that  Congress  were  determined  to  decide  upon  the  con- 
troversy without  considering  Yermont  as  a  party,  and  deemed 
it  their  duty  to  withdraw.  Before  leaving,  they  presented  a 
remonstrance  to  Congress,  dated  the  22d  of  September,  1780, 
in  which  they  set  forth  their  views  with  reference  to  the  course 
which  had  been  adopted  towards  Yermont,  and  deprecated  the 


APPOINTED   TO   VAKIOUS   OFFICES.  597 

policy  whicli  would  divide  that  state  between  New  Hampsbii'e 
and  New  York,  or  annex  it  to  the  latter. 

Owing  to  his  thorough  acquaintance  with  the  views  enter- 
tained by  a  majority  of  the  people  of  Vermont,  on  the  merits 
of  the  controversy  question,  the  counsels  of  Mr.  Bradley  were 
highly  esteemed  and  readily  followed,  on  all  occasions.  An 
examination  of  his  papers  affords  conclusive  evidence,  that  at 
this  period,  and  for  many  years  after,  he  was,  in  many  respects, 
the  ablest  man  in  the  state.  Nor  did  his  quahfications  for  mih- 
tary  service  escape  the  observation  of  the  citizens  of  his  adopted 
state.  By  commission,  dated  August  27th,  1781,  he  was  ap- 
pointed a  lieutenant  in  the  first  regiment  of  the  Vermont  militia, 
and  on  the  loth  of  October,  in  the  same  year,  was  raised  to  the 
rank  of  colonel.  During  the  troubles  which  disturbed  the 
peace  of  the  southern  part  of  Windham  county.  Colonel  Brad- 
ley was  indefatigable  in  his  endeavors  to  restore  order,  and  sel- 
dom failed  to  accomplish  his  pm'pose.  Tlie  resignation  of  his 
colonelcy  was  accepted  on  the  2d  of  March,  1787,  and  for  four 
years  he  does  not  appear  to  have  engaged  at  all  in  military 
avocations.  A  curious  letter,  written  to  him  by  William  Page, 
of  Charlestown,  New  Hampshire,  dated  May  1st,  1789,  is  still 
preserved,  in  which  some  allusions  are  made  to  the  measures 
which  were  adopted  to  subdue  the  supporters  of  New  York 
residing  at  Guilford,  and  in  that  neighborhood.  "  You  doubt- 
less remember,"  the  writer  observed,  "  of  once  calling  on  me 
f6r  a  sword.  You  then  was  in  pursuit  of  honor  and  cash.  I 
think  you  desired  to  cut,  slay,  and  destroy  the  Yorkers.  Hav- 
ing accomplished  all  this,  and  having  not  only  changed  your 
manner  and  mode  of  attack,  but  your  weapon  also,  you  will 
please  send  to  me  the  sword  by  the  bearer,  for,  as  all  other 
weapons  fail  me,  it  is  time  to  take  the  sword."  The  military 
career  of  Colonel  Bradley  did  not,  however,  end  here,  for  he 
was  appointed  brigadier  general  of  the  eighth  brigade  of  the 
militia  of  the  state,  by  a  commission  dated  January  26th,' 1791. 

Of  the  offices  held  by  Mr.  Bradley,  the  following  list  embraces 
a  partial  account.  In  1782,  he  was  a  select  man  of  Westmin- 
ster, and  served  as  clerk  of  that  town  from  October  6th,  1787,  • 
to  October  9th,  1788.  He  was  register  of  probate  for  Windham 
county  from  December,  1781,  to  March,  1791,  and,  on  the  21st 
of  February,  1783,  was  appointed  a  judge  of  the  court  of  the 
county,  in  the  place  of  Samuel  Fletcher,  who  had  refused  to 
serve.     From  October,  1788,  to  October,  1789,  he  sat  as  a  side- 


598  HISTORY    OF   EASTERN   VERMONT. 

judge  in  the  Supreme  court  of  tlie  state,  and  was  admitted  to 
practice  in  the  Circuit  court  of  the  United  States  on  the  12th 
of  May,  1793.  He  represented  the  town  of  Westminster  in  the 
Assembly  of  the  state,  at  the  sessions  in  1780,  1781, 1784, 1785, 
1788,  1790,  and  1800,  and  was  elected  speaker  of  the  House  at 
the  session  in  1785.  He  was  a  member  of  the  state  constitu- 
tional convention  in  1791,  and  was  elected  to  the  Council  in 
September,  1798.  When,  in  the  year  1789,  it  became  evident 
that  Vermont  would  soon  be  admitted  into  the  Union  as  a  sepa- 
rate state,  commissioners  were  appointed  on  the  23d  of  October, 
for  the  pui-pose  of  ascertaining  and  establishing  the  line  between 
New  York  and  Yermont,  Of  the  number  was  Mr.  Bradley. 
In  addition  to  the  civil  and  military  appointments  with  which 
he  was  honored,  he  also  received  marks  of  esteem  from  Dart- 
mouth and  Middlebury  colleges.  The  honorary  degrees  of 
M.A.  and  LL.D.  were  conferred  upon  him  by  the  former  insti- 
tution. He  was  appointed  a  fellow  of  Middlebury  college  in 
the  act  incorporating  that  seminary  of  learning,  passed  on  the 
1st  of  November,  1800,  and  held  that  position  until  the  time 
of  his  death. 

After  the  completion  of  the  Federal  Union  by  the  admission 
of  Yermont  in  1791,  Moses  Robinson  and  Stephen  R.  Bradley 
were,  on  the  17th  of  October,  in  that  year,  chosen  the  first 
United  States  senators  from  that  state.  The  former  took  his 
seat  on  the  31st  of  the  same  month  ;  the  latter  on  the  7th  of 
November  following.  On  drawing  lots  for  the  purpose  of  de- 
termining to  which  of  the  three  classes  each  belonged,  Mr. 
Bradley  drew  first,  and  fell  to  "  the  class  whose  seats  would 
be  vacated  at  the  expiration  of  four  years  from  March,  1791." 
Mr.  Robinson  drew  the  longest  term,  and,  of  course,  fell  to  the 
class  whose  seats  were  to  be  vacated  in  six  years  from  March, 
1791.  Elijah  Paine  was  chosen  to  succeed  Mr.  Bradley  in 
1795.  At  the  expiration  of  Mr.  Paine's  term  in  1801,  he  was 
elected  for  another  six  years,  but  having  declined  the  position, 
Mr.  Bradley  was  elected  to  fill  the  vacancy,  which  was  a  term 
of  six  years  from  the  4th  of  March,  1801.  During  the  greater 
part  of  the  session  of  1802-3,  he  filled  with  dignity  the  position 
of  president,  jpro  tempore,  of  the  Senate.  On  the  4th  of  March, 
1807,  he  commenced  another  term  of  six  years  as  senator,  and 
in  1808  was  again  elected  temporary  president  of  the  distin- 
guished body  to  which  he  belonged. 

In  politics,  Mr.  Bradley  was  a  Republican  of  the  school  of 


HIS   POLITICS.  599 

Jefferson,  from  whom  he  received  many  marks  of  personal 
esteem.  Desirous  of  securing  a  democratic  succession  in  the 
presidency  of  the  United  States,  Mr.  Bjiadley  endeavored  to 
consummate  the  nomination  of  Madison  at  the  close  of  Jeffer- 
son's second  term.  Fpr  this  purpose,  he  issued  a  call  for  a  cau- 
cus, of  which  the  following  is  a  copy  : — 

«Sm: 

"  In  pursuance  of  the  powers  vested  in  me,  as  president  of 
the  late  convention  of  republican  members  of  both  houses  of 
congress,  I  deem  it  expedient,  for  the  purpose  of  nominating 
suitable  and  proper  characters  for  president  and  vice-president 
of  the  United  States  at  the  next  presidential  election,  to  call  a 
convention  of  said  republican  members,  to  meet  at  the  senate- 
chamber  on  Saturday,  the  23d  inst.,  at  six  o'clock  p.m.,  at 
which  time  and  place  your  personal  attendance  is  requested,  to 
aid  the  meeting  with  your  influence,  information,  and  talents. 

"  S.  E.  Bradley. 
"  Dated  at  Washington, 

"  19th  January,  1808." 

This  circular,  so  mandatory  in  style,  was  indignantly  de- 
nounced by  many,  as  a  usurpation  of  power.  A  large  portion 
of  the  members  refused  to  attend,  unwilling,  as  was  remarked, 
"  to  countenance,  by  their  presence,  the  midnight  intrigues  of 
any  set  of  men  who  may  arrogate  to  themselves  the  right 
(which  belongs  only  to  the  people)  of  selecting  proper  persons 
to  fill  the  important  offices  of  president  and  vice-president." 
Tlie  meeting  was  attended,  however,  by  ninety-four  members 
from  both  houses.  Of  this  number,  only  one  member  was 
from  the  state  of  New  York.  Mr.  Madison  was  nominated  with 
apparent  unanimity,  though  Mr.  Monroe  had  been  supported 
previous  to  the  caucus  by  a  strong  party  of  men,  among  whom 
were  some  who  were  unfriendly  to  the  policy  of  Jefferson. 

The  war  of  1812,  which  was,  in  the  main,  a  democratic  mea- 
sure, was  not  supported  by  all  the  members  of  that  party. 
President  Madison,  it  was  supposed,  was  persuaded  to  engage 
in  it,  only  in  order  to  secure  a  second  election.  Randolph 
"  openly  and  strenuously  opposed  it  from  the  beginning  to  the 
end,"  and  Mr.  Bradley,  who  was  at  that  time  the  ablest  demo- 
cratic senator  from  New  England,  "  earnestly  counselled  Madi- 
son against  it."     So  dissatisfied  did  Mr.  Bradley  become  with 


600  HISTORY   OF   EASTERN   VERMONT. 

the  national  policy  of  this  period,  that,  on  the  4th  of  March, 
1813,  at  the  close  of  his  congressional  labors,  he  withdrew  alto- 
gether from  public  life,  determined,  since  he  was  unable  to 
prevent  a  needless  war,  not  to  continue  in  any  position,  where 
he  would  be  subjected  to  the  calumnies  and  odium  of  a  majority 
from  whom  he  dissented. 

In  a  previous  chapter*  may  be  found  an  account  of  a  trial 
which  took  place  at  "Westminster,  on  the  27th  of  May,  1779. 
On  this  occasion,  Noah  Smith  filled  the  office  of  state's  attorney, 
and  Mr.  Bradley  acted  as  counsel  for  the  defendants.  In  the 
midst  of  the  trial,  Ethan  Allen  appeared  in  court,  accoutred  in 
military  dress,  as  has  been  detailed  in  the  account  referred  to. 
After  Smith  had  finished  his  argument,  in  the  course  of  which 
he  had  made  several  quotations  ffom  Blackstone's  Commenta- 
ries, Allen,  who  thought  that  the  state's  attorney  was  manifest- 
ing too  great  leniency  towards  some  of  the  jmsoners,  arose,  and 
told  the  jury  that,  in  the  observations  he  was  about  to  make,  he 
should  not  deal  in  quibbles.  Then,  turning  to  Smith,  he  said : — 
"  I  would  have  the  young  gentleman  to  know,  that  with  my 
logic  and  reasoning,  from  the  eternal  fitness  of  things,  I  can 
upset  his  blackstones,  his  whitestones,  his  gravestones,  and  his 
brimstones."  Here  he  was  interrupted  by  the  chief-justice, 
Moses  Robinson,  and  was  gravely  informed  that  it  was  not 
allowable  for  him  to  appear  in  a  civil  court  with  his  sword  by 
his  side.  Upon  this,  Allen,  nettled  by  the  interruption,  unslung 
Ills  weapon,  and  bringing  it  down  on  the  bar  table  with  a  force 
which  made  the  house  ring,  exclaimed, 

"  For  forms  of  government,  let  fools  contest ; 
Wliate'er  is  best  administer'd,  is  best." 

Having  delivered  himself  in  this  style,  he  was  about  to  resume 
his  remarks,  when,  observing  that  the  judges  were  whispering 
together,  he  listened  for  a  moment,  and  then  cried  out : — "  I 
said  that  fools  might  contest  for  forms  of  government — not  your 
Honours !  not  your  Honours ! "  It  is  presumed  that  the  aj)ology 
was  satisfactory,  for  Allen  was  permitted  to  finish  his  address, 
as  previously  narrated,  after  which  the  trial  proceeded  without 
further  check. 

On  retiring  from  j)ublic  life,  Mr.  Bradley  returned  to  "West- 
minster, where  he  resided  until  the  year  1818.     He  then  re- 

*  See  ante,  pp.  342,  343. 


DESCRIPTION"   OF    HIS    CHARACTEK.  601 

moved  to  the  neigliboring  village  of  Walpole,  Kew  Hampsliire, 
"  where  he  lived  in  ease,  independence,  and  honour,  until  he 
took  his  willing,  and  not  painful  deparature,  with  the  cheerful 
expression  of  a  mind  at  peace  with  itself,  with  the  world,  and 
with  heaven."  His  death  occurred  on  the  evening  of  Thurs- 
day, December  9th,  1830. 

In  his  "Descriptive  Sketch"  of  Yermont,  published  in  1797, 
Dr.  John  Andrew  Graham  has  referred  to  Mr.  Bradley,  as  he 
then  knew  him,  in  these  words  : — "  Mr.  Bradley  is  a  lawyer  of 
distinguished  abilities,  and  a  good  orator.  He  has  held  some  of 
the  most  important  offices  of  the  state,  and  was  late  a  senator 
in  Congress.  Few  men  have  more  com|)anionable  talents,  a 
greater  share  of  social  cheerfulness,  a  more  inexhaustible  flow 
of  wit,  or  a  larger  portion  of  unaffected  urbanity."  Tlie  Hon. 
S.  G.  Goodrich,  known  the  world  over  as  "  Peter  Parley,"  who, 
in  the  year  1818,  married  the  daughter  of  Mr.  Bradley,  has,  in 
his  late  work  entitled  "  Recollections  of  a  Lifetime,"  noted 
some  of  the  prominent  characteristics  of  the  influential  sena- 
tor. "  He  was  distinguished  for  political  sagacity,  a  ready  wit, 
boundless  stores  of  anecdote,  a  large  acquaintance  with  man- 
kind, and  an  extensive  range  of  historical  knowledge.  His 
conversation  was  exceedingly  attractive,  beiiig  always  illus- 
trated by  pertinent  anecdotes  and  apt  historical  references.  His 
developments  of  the  interior  machinery  of  parties,  during  the 
times  of  Washington,  Jefferson,  and  Madison ;  his  portraitures 
of  the  political  leaders  of  these  interesting  eras  in  our  history 
— all  freely  communicated  at  a  period  when  he  had  retired 
from  the  active  arena  of  politics,  and  now  looked  back  upon 
them  with  the  feelings  of  a  philosopher — were  in  the  highest 
degree  interesting  and  instructive." 

His  son,  the  Hon.  William  C.  Bradley,  who  was  born  on  the 
23d  of  March,  1782,  still  survives,  at  Westminster,  in  a  green 
old  age.  He  has  filled  many  stations  of  honor  in  the  service  of 
his  country,  and  while  on  the  floor  of  Congress  enjoyed,  in  a 
peculiar  manner,  the  personal  and  political  esteem  of  Henry 
Clay  and  other  distinguished  statesmen.  The  assistance  which 
Mr.  Bradley  has  on  all  occasions  most  cheerfully  afforded,  in 
the  preparation  of  this  work,  has  contributed  materially  to  its 
correctness,  and  has  enabled  the  author  to  present  many  facts 
which  otherwise  would  have  remained  unrecorded.* 

*  Macaulay's  Hist.  Eng.,  vol.  i.  chap.  ii.     Hollister's  Hist.  Conn,,  ii.  628.     Bel- 


602  HISTORY   OF   EASTERN    VERMONT. 


PAUL   BRIGHAM. 


y 


During  the  revoliition- 
/  ary  war,  this  gentleman 

served  as  a  captain,  and 
was  stationed,  a  part  of 
the  time,  at  Coventry, 
Connecticut.  After  his  removal  to  Yermont,  he  attained  to  the 
rank  of  a  major-general  of  militia.  He  was  highly  respected 
by  all  who  knew  him,  and  discharged  the  duties  of  the  various 
offices  which  he  was  called  to  till  to  the  satisfaction  of  liis  con- 
stituents and  with  honor  to  himself.  B}'  the  citizens  of  Norwich, 
the  town  in  which  he  resided,  he  was  esteemed  for  those  traits 
of  character  which  mark  the  just  man  and  the  kind  neighbor. 
He  was  an  assistant  justice  of  the  court  of  Windsor  county  from 
1783  to  1786,  and  from  1790  to  1795  ;  and  was  chief  justice  of 
the  same  in  1801.  He  held  the  office  of  judge  of  probate  in 
1800  ;  and  was  high  sheriff  of  the  county  from  1787  to  1789. 
He  represented  the  inhabitants  of  Norwich  in  the  General  As- 
sembly during  the  sessions  of  1783,  1786,  and  1791 ;  was  a 
member  of  the  Council  from  1792  to  1796  ;  and  sat  in  the  state 
constitutional  conventions  of  1793,  1814,  and  1822  as  the  dele- 
gate from  Norwich.  Having  been  elected  lieutenant-ffovernor 
of  the  state  in  1796,  he  was  from  that  time  annually  returned  to 
the  same  office,  the  years  1813  and  1814  excepted,  until  1820, 
when,  "  admonished  by  the  infirmities  of  age,"  he  refused  longer 
to  be  a  candidate  for  that  station.  "While  serving  in  this  capa- 
city, the  gubernatorial  chair  was  occupied  at  different  times  by 
Thomas  Chittenden,  Isaac  Tichenor.  Israel  Smith,  and  Jonas 
Galusha.  From  Dartmouth  college  he  received  the  honorary 
degree  of  M.A.,  in  1806.  His  death  occurred  at  Norwich  on 
tlie  loth  of  July,  1824,  in  the  79th  year  of  his  age.* 

lows  Falls  Intelligencer,  December  13th,  1830.  North  Star,  Danville,  Vt.,  De- 
cember 28th,  1830.  Triennial  Catalogues  of  Yale,  Dartmouth,  and  Middlebury 
colleges.  Acts  and  Laws  of  Vt.,  1800,  pp.  36—10.  Journals  Am,  Cong.,  ed.  1823, 
i.  888.  Journals  U.  S.  Senate,  1791,  p.  25.  Slade's  Vt.  State  Papers,  pp.  114,  116, 
122-126.  Kendall's  Travels,  i.  177.  Deming's  Catalogue  of  Vt.  Officers,  pasmn. 
Graham's  Descriptive  Sketch  of  Vt.,  pp.  110,  111.  Goodrich's  Recollections  of  a 
Lifetime,  i.  448,  449  ;  ii.  99,  100.  Young's  American  Statesman,  pp.  341,  342. 
Various  MSS.  Documents,  Letters,  etc. 

*  Thompson's  Vt.,  Part  IIL,  p.  130.     Williams's  Hist.  Vt.,  ed.  2d.,  i.  91,  92. 
Triennial  Catalogue  of  Dart.  Col.     Deming's  Catalogue  of  Vt.  Officers,  passim. 


CEEAN   BRUSH. 


603 


^MTl  /S^. 


The  subject  of  this  notice  was  born  in  Dublin,  Ireland,  about 
the  year  1725,  and  was  educated  to  the  profession  of  the  law. 
While  at  home,  he  bore  some  military  commission,  as  the  style 
of  dress  indicated  by  his  portrait — which  is  still  extant,  and 
which  was  painted  before  he  removed  to  this  country— evinces. 
Of  his  miUtary  rank,  except  that  he  was  familiarly  called  "  Colo- 
nel," and  of  the  time  and  occasion  of  his  service,  nothing  is 


604  HISTORY    OF   EASTERN    VERMONT. 

known.  At  the  age  of  thirty  or  thirty-one,  he  married  a  Miss 
Gushing,  a  resident  of  the  city  where  he  dwelt.  By  her  he  had 
one  child,  Elizabeth  Martha,  who  was  born  probably  in  the  year 
1758.  The  mother  did  not  long  survive  the  birth  of  her  daughter, 
and  Mr.  Brush  being  left  a  widower,  placed  the  little  infant  in 
the  care  of  some  of  his  relatives,  and  came  to  America  a  short 
time  previous  to,  or  during,  the  year  1702.  Having  settled  in 
New  York  city,  he  there  married  Margaret  Montuzan,  a  widow 
lady,  and  by  her  former  marriq,ge  the  mother  of  a  daughter 
named  Frances.*  He  early  obtained  employment  in  the  office 
of  the  secretary  of  the  province  of  New  York,  and  for  several 
years  held  the  post  of  assistant  under  the  deputy  secretary, 
Goldsbrow  Banyar,  In  the  year  1764,  on  the  27th  of  January, 
he  received  from  Lieut.-Gov.  Cadwallader  Golden  a  license  to 
practise  as  an  attorney  at  law,  "  in  all  his  Majesty's  Courts  of 
Record,"  within  the  province.  It  is  probable  that  his  law  part- 
ner was  John  Kelly,  an  Irishman  of  ability  and  standing.  Mr. 
Brush  removed  to  Westminster  during  the  year  1771,  and  on 
the  25th  of  February,  1772,  was  appointed  clerk  of  Cumberland 
county,!  vice  John  Chandler,  removed.  He  was  made  surro- 
gate of  the  county  on  the  lltli  of  the  following  April,  and  at 
the  same  time,  he  and  two  others  received  a  commission  to  ad- 
minister oaths  to  all  officers,  both  civil  and  military,  within  their 
jurisdiction.:}: 

On  becoming  a  resident  of  Westminster,  Mr.  Brush  was 
feasted  by  the  inhabitants  from  house  to  house.  The  display 
which  he  aifected  in  his  dress,  contrasted  strongly  with  the 
simple  garb  of  the  villagers,  and  for  some  time  pomp  and  pa- 

*  There  is  a  tradition  that  Brush  was  not  legally  married  to  his  second  wife. 
The  story  goes,  that  she,  in  her  maiden  days,  had  been  much  admired  by  Brush, 
■who  had  paid  her  his  addresses,  but  without  success.  She  married,  in  preference, 
a  colonel  in  the  British  service,  who  was  the  father  of  her  child  Frances.  He  was 
killed  in  the  old  French  war,  or  in  some  of  the  battles  immediately  subseqiient  to 
the  year  1755.  The  widow  and  the  widower  having  met,  they  agreed  to  live 
together  as  husband  and  wife,  and  did  so,  but  the  connection  was  not  lawfully 
established.  Resort  was  had  to  this  alliance  in  order  that  Mrs.  Brush  might  be 
enabled  to  draw  the  pension  due  her  as  the  widow  of  an  officer,  which  right  she 
forfeited  in  the  event  of  a  second  marriage. 

f  He  resigned  the  clerkship  on  the  Yth  of  March,  1774,  and  was  succeeded  by 
Samuel  Gale,  who  married  the  daughter  of  Samuel  Wells  of  Brattleborough.  In 
the  Connecticut  Courant  of  April  10th,  1775,  is  the  list  of  the  members  of  the  last 
Colonial  Assembly  of  New  York.  The  name  of  Brush  is  given  with  these  re- 
marks : — "  A  native  of  Ireland,  practising  the  law  in  Cumberland  county,  who 
sold  the  clerkship  of  the  county  to  Judge  Wells's  son-in-law." 

X  This  commission  was  renewed  on  the  18th  of  February,  1774. 


ELECTED   ASSEMBLYMAN.  605 

rade  availed  to  conceal  the  defects  of  -character.  But  as  vul- 
garity of  mind  became  apparent,  and  novelty  of  appearance 
ceased  to  attract  attention,  Mr.  Brush  found,  in  spite  of  his 
boasted  attainments  as  a  man  of  large  information,  and  his  pre- 
tensions to  gentility,  that  his  only  friends  were  a  few  high- 
toned  and  arrogant  loyalists.  Notwithstanding  the  prevalence 
of  such  sentiments  as  these  in  the  minds  of  the  people  of  West- 
minster, Mr.  Brush  wielded  an  extensive  political  influence  in 
the  county,  on  account  of  his  intimate  connection  with  many 
of  the  principal  government  officers.  The  house  in  which  he 
lived  was  situated  north  of  the  meeting-house,  and  was  the  only 
building  in  the  town  whose  four  sides  faced  the  cardinal  points. 
It  was  originally  built  for  the  Rev.  Mr.  Goodell,  supposed  to  be 
the  first  minister  of  the  town.  It  was  subsequently  owned  by 
a  citizen  of  "Walpole,  ITew  Hampshire,  who  sold  it  to  Mr. 
Brush.  In  later  years  it  became  the  residence  of  Dr.  Elkanah 
Day.  One  of  the  reasons  which  induced  Mr.  Brush  to  settle  in 
this  quiet  village,  was  the  opportunity  which  was  thereby 
afforded  him,  to  sell  his  lands,  which  were  scattered  throughout 
the  northern  parts  of  New  York  and  the  interior  portions  of  the 
New  Hampshire  Grants,  and  included  many  broad  acres  along 
the  banks  of  the  Connecticut,  in  the  town  and  neighborhood  of 
Westminster.  He  also  hoped  to  rise  in  political  distinction,  an 
end  which  he  could  not  accomplish  among  the  learned  and 
aristocratic  in  the  more  southern  towns  of  New  York.  His 
business,  on  account  of  his  knowledge  of  legal  forms,  was  mul- 
tifarious, and  to  assist  him  in  it,  he  kept  a  clerk,  Abraham 
Mills  by  name,  who,  as  far  as  disagreeable  traits  of  character 
were  concerned,  was  a  copy  in  miniature  of  his  master. 

In  answer  to  a  petition  signed  by  the  inhabitants  of  Cumber- 
land county,  permission  was  given  them  by  the  Governor  and 
Council  of  New  York,  to  elect  two  representatives  to  the  Gene- 
ral Assembly  of  that  province.  The  order  confirming  this  per- 
mission was  promulged  on  the  23d  of  December,  1T72,  and  at 
an  election  subsequently  held,  Samuel  WeUs  of  Brattleborough 
and  Crean  Brush  of  Westminster  were  returned  as  representa- 
tives. On  the  2d  of  February,  1Y73,  they  presented  their  cre- 
dentials to  the  General  Assembly,  and  were  admitted  to  seats 
"  at  the  table "  of  legislation.  Brush  although  in  a  great  mea- 
sure devoid  of  principle,  possessed  many  of  the  qualifications 
essential  to  the  character  of  a  successful  partizan  politician,  and 
he  soon  became  noted  for  his  advocacy  of  all  ministerial  mea- 


606  HISTORY    OF   EASTERN    VERMONT. 

snrcs,  and  f(~»r  liis  liatred  of  every  attempt  at  reform.  Fluency 
of  speech  and  a  spirited  style  of  oratory,  enabled  him  to  give 
expression  to  his  opinions  in  a  manner  which  attracted  atten- 
tion. By  these  means  he  obtained  an  influence,  which  he  never 
failed  to  exert  in  behalf  of  his  party.  In  the  controvei-sy  be- 
tween New  Hampshire  and  New  York  respecting  the  New 
Hampshire  Grants,  he  evinced  a  deep  interest,  and  was  well 
prei)arcd  by  knowledge  obtained  while  in  the  office  of  the  se- 
ci-etary  of  state  to  present  the  question  in  an  accurate  and  reli- 
able form. 

In  answer  to  a  petition  from  Col.  John  Maunsell  and  others, 
"interested  in  lands  to  the  westward  of  Connecticut  river," 
praying  that  the  General  Assembly  would  adopt  measures  to 
prevent  "  the  snccess  of  the  solicitations  and  interposition  of 
the  government  of  New  Hampshire,  in  prejudice  of  the  ancient 
limits"  of  New  York,  the  House  on  the  17th  of  Febi'uary, 
1Y73,  having  resolved  itself  into  a  "  grand  committee  on  griev- 
ances," declared  that  the  eastern  limits  of  the  colony,  both  by 
the  royal  grants  to  the  Duke  of  York  and  by  the  orders  in 
privy  council  of  July  20th,  1764,  were  the  western  banks  of 
Connecticut  river.  For  the  purpose  of  presenting  the  subject 
in  a  tangible  form,  they  appointed  Col.  Philip  Schuyler,  John 
De  Noyellis,  and  Crean  Brush  a  committee  to  draft  a  represen- 
tation of  the  rights  of  the  colony  of  New  York  to  the  lands  in 
question.  This  representation,  when  agreed  to  by  the  House, 
was  to  be  transmitted  to  the  agent  of  the  colony,  to  enable  him 
to  maintain  the  claim  at  the  court  of  Great  Britain.  On  Satur- 
day, the  6th  of  March  following,  Mr.  Brush  gave  in  the  report 
of  the  committee,  which  was  adopted  on  Monday  the  8th,  and 
entered  on  the  journals.  It  was  entitled  "A  state  of  the  right 
of  the  colony  of  New  York,  with  respect  to  its  eastern  bound- 
ary on  Connecticut  river,  so  far  as  concerns  the  late  encroach- 
ments nnder  the  government  of  New  Hampshire." 

This  document  was  subsequently  printed  in  the  form  of  a 
folio  pamphlet,  and,  with  others  of  a  similar  character,  was 
placed  in  the  hands  of  all  the  leading  men  engaged  in  the  con- 
troversy. It  was  prepared  mainly  by  the  Hon.  James  Duane, 
and  presented  an  able  argument  in  support  of  the  rights  of 
New  York.  Although  it  had  been  hoped  that  the  reasons 
In-ought  forward  in  the  representation  would  have  a  tendency 
to  restrain  the  people  residing  on  the  "  Grants,"  who  favored 
the  jurisdiction  of  New  Hampshire,  from  indulging  in  acts  of 


BErSIl's    INFLUENCE.  007 

violonce  against  the  settlers  inidor  Xew  York,  yet  evils  of  this 
nature  seemed  rather  to  increase  than  diminish.  On  the  1st 
of  Fehruarv,  1774,  Benjamin  Hough,  a  magistrate  hy  appoint- 
ment from  jS'ew  York,  presented  a  i>etition  to  the  General  As- 
sembly of  the  province,  asking,  in  behalf  of  himself  and  othei*s, 
to  bo  protected  from  the  "outrageous  cruelty"  of  the  "  l-5en- 
nington  mob."  The  subject  -was  considered  in  "  the  grand 
committee  on  grievances,"  and  a  report  therefrom  Mas  ]u-e- 
sented  to  the  House  on  the  oth,  by  Mr.  Brush,  in  behalf  oi'  the 
chairman,  Mr.  Clinton,  recommending  that  botly  to  retpiest  the 
Governor  to  issue  his  proclamation,  ottering  a  reward  of  £50 
each  for  the  apju-ehension  of  Ethan  Allen  and  seven  (^f  his 
compatriots,  and  counselling  the  lL>use  to  bring  in  a  bill  to 
suppress  "  riotous  and  disorderly  proceedings."  Mr.  Brush  and 
Colonel  Ten  Broeck  were  appointed  to  pre})are  the  bill,  and  on 
the  9th  the  result  ot  their  labors  was  laid  before  the  house,  anil 
was  soon  after  passed  into  a  law.  The  Governor's  proclamation 
was  issued  on  the  0th  of  March,  and  a  reward  of  £100  each 
was  oft'ered  for  the  apprehension  of  Ethan  Allen  and  Remember 
Baker,  and  of  £50  each  for  the  apprehension  of  six  of  the  oIIut 
ringleaders. 

The  influence  which  Mr  Brush  possessed  ii\  the  Uouse  was 
neither  feeble  nor  unfrequently  exercised.  On  the  night  of  the 
29th  of  December,  1773,  the  mansion  of  Governor  Try  on  was 
destroyed  by  fire.  This  calamity  was  referred  to  by  the  Go- 
vernor, in  his  speech  to  the  Assembly,  on  the  12th  of  January, 
1774.  A  few  days  later  a  motion  was  offered  by  Mr.  Brush, 
in  these  words :  "  I  move  that  the  House  do  resolve,  that 
there  be  allowed  unto  his  Excellency  the  Governor,  the  sum  of 
£5,000,  as  a  token  of  the  deep  concern  of  this  House  for  the 
damage  he  sustained  by  the  late  dreadful  fire,  towards  a  com- 
pensation, in  some  measure,  of  his  great  losses  ;  and  as  a  pub- 
lic testimonial  of  that  high  respect  and  esteem  they  bear  to  his 
person  and  family."  This  proposition  elicited  much  debate, 
and,  though  strenuously  0])posed,  was  passed  by  a  majority  of 
two,  fourteen  members  voting  for  and  twelve  against  it.  Soon 
after  these  occurrences,  the  Governor  made  known  his  inten- 
tion of  departing  for  England.  The  announcciiK'nt  was  ])ub- 
lished  to  the  house  on  the  8th  of  March,  and  IVlessrs.  Wiikins, 
Jauncey,  and  Brush  were  appointed  to  draft  an  address  to  his 
Excellency,  "  expressing  the  high  sense  they  entertain  of  the 
great  and  extensive  benefit  derived  to  the  colony  from  the  up- 


608  HISTOKT    OF   EASTERN    VEKMONT. 

riglitness,  justice,  and  impartiality  of  his  administration ;  the 
deep  concern  they  feel  on  his  departure  ;  their  ardent  desire  of 
his  speedy  return ;  their  aftectionate  wishes  for  the  welfare  and 
happiness  of  his  Excellency  and  his  family ;  and  their  firm 
reliance  that  he  will  represent  to  their  most  gracious  Sove- 
reign, the  unshaken  loyalty  of  this  his  faithful  colony,  and  their 
steady  and  zealous  attachment  to  his  sacred  person  and  govern- 
ment." With  true  Irish  spirit,  Mr.  Brush  in  the  address  which 
he  drew,  embodied  in  the  most  fulsome  language  the  ideas 
contained  in  the  above  resolution,  and  on  the  20th  of  March 
the  eulogistic  document  was  placed  in  the  hands  of  the  man  who 
afterwards  became  notorious,  as  the  sacker  of  peaceful  villages, 
and  the  murderer  of  unoifending  women  and  helpless  children. 
Bitterly  opposed  to  every  measure  designed  to  introduce  a 
more  faithful  administration  of  the  government,  Mr.  Brush  now 
directed  his  efforts  to  stem  the  torrent  which  was  soon  to  break 
down  the  barriers  of  tyrannical  oiDpressiou.  On  the  23d  of 
February,  1775,  he  delivered  a  set-speech  against  the  proposi- 
tion of  Mr.  Thomas,  to  elect  delegates  to  the  second  Continen- 
tal Congress.  Being  charged  "with  using  expressions  which 
threw  indecent  reflections  both  on  the  conduct  of  the  gentle- 
men of  the  opposition  and  on  the  proceedings  of  the  last  Con- 
gress," Mr.  Brush  caused  his  speech  to  be  printed  and  pub- 
lished, that  the  public  might  be  able  to  form  an  opinion  as  to 
the  justice  of  the  charges.  He  was  answered  by  Messrs.  Chn- 
ton  and  Schuyler,  who,  with  Colonel  Woodhull,  were  the  lead- 
ing patriots  in  the  house.  The  debate  was  significant  of  the 
spirit  of  the  times,  and  served  to  show  how  widely  at  variance 
were  the  opinions  of  those  who,  as  representatives  of  the  peo- 
ple, were  assembled  to  legislate  for  the  welfare  of  the  colony. 
On  the  same  day,  Mr.  Brush  presented  the  report  of  the  com- 
mittee, who,  in  pursuance  of  Mr.  De  Lancey's  motion,  made  on 
the  31st  of  January,  had  been  appointed  "  to  prepare  a  state 
of  the  grievances"  of  the  colony.  On  the  9th  of  March,  he 
was  chosen,  with  Colonel  Seaman  and  Mr.  Gale,  to  prepare  the 
draft  of  a  memorial  to  the  House  of  Lords.  The  report,  which 
he  presented  on  the  16th,  as  chairman  of  the  committee,  was 
subjected  to  many  alterations  and  amendments.  With  the 
other  memorials  which  had  been  prepared  for  the  King  and 
the  Commons,  it  was  adopted  on  the  25th.  Tliese  addresses 
were  in  every  respect,  "  tame,  ridiculous,  and  very  loyal,"  but 
the  House  was  ruled  by  a  Tory  majority,  who  strove  in  every 


EETIKEMENT   FROM   LEGISLATR'E   OFFICE.  609 

way  to  adopt  sncli  measures,  as  would  be  most  likely  to  ad- 
vance the  interests  of  their  own  party,  and  it  was  by  their 
votes  that  every  vigorous  effort  of  the  minority  was  emascu- 
lated, and  made  to  do  service  in  behalf  of  oppression. 

Mr.  Brush's  name  appears  with  prominence  on  one  other 
occasion,  in  the  records  of  the  Colonial  Assembly.  As  soon  as 
the  news  of  the  "  Westminster  Massacre  "  reached  New  York,  the 
messengers  who  had  brought  the  information  were  examined, 
and  their  depositions  were  laid  before  Lieut.-Gov.  Colden.  His 
message,  delivered  on  the  23d  of  March,  recommended  imme- 
diate action.  The  subject  was  brought  up  for  consideration  on 
the  30th.  Ever  ready  to  gain  power  by  a  bold  act,  Mr.  Brush 
moved  that  the  sum  of  £1,000  be  "  granted  to  his  Majesty  to 
be  applied  to  enable  the  inhabitants  of  the  county  of  Cumber- 
land to  reinstate  and  maintain  the  due  administration  of  justice 
in  the  said  county,  and  for  the  suppression  of  riots  therein." 
The  motion  prevailed  in  this  form,  and  the  treasurer  of  the 
colony  was  ordered  to  disburse  the  amount  named,  on  warrants 
issued  by  the  proper  authorities.  With  the  adjournment  of 
the  Assembly  on  the  8d  of  April,  ended  Mr.  Brush's  career  as 
a  legislator.  His  ability  as  an  orator  was  acknowledged  even 
by  his  foes,  and  his  speeches  were  generally  prej^ared  with  care 
and  skill.  As  a  writer,  he  is  referred  to  in  Trumbull's  MacFiu- 
gal,  in  the  following  verses : — 

"  Had  I  the  Poet's  brazen  lungs. 
As  sound-boai'd  to  his  hundred  tongues, 
I  could  not  half  the  scribblers  muster 
That  swarmed  round  Rivington  in  cluster ; 
Assemblies,  councilmen,  forsooth ; 
Brush,  Cooper,  Wilkins,  Chandler,  Booth ; 
Yet  all  their  arguments  and  sap'ence 
You  did  not  value  at  three  half-pence."* 

During  the  summer  which  followed  the  commencement  of 
hostilities  in  the  colonies,  Mr.  Brush  probably  remained  in  the 
city  of  New  York,  working  as  best  he  might  for  the  good  of  the 
King.  In  the  fall  he  repaired  to  Boston,  then  occupied  by  the 
British,  and  offered  his  services  to  General  Gage.  These  were 
accepted,  and  he  was  soon  after  engaged  in  an  employment 
which  gave  him  a  temporary  power,  which  he  did  not  fail  to 

*  American  Archives,  Fourth  Series,  vol.  i.  cols.  1288,  1290-1294,  1303,  1307, 
1316-1318,  1322.  Journals  Col.  Ass.  N.  Y.  Doc.  Hist.  X.  Y.,  iv.  1025.  Dun- 
lap's  K  Y.,  i  450,  451.     Trumbull's  MacFingal,  Boston  ed.,  1799,  canto  i.  p.  28. 

39 


610  HISTORY    OF   EASTERN   VERMONT. 

exercise.  General  Gage,  tliougli  lie  favored  the  occupation  of 
New  York,  "  regarded  the  evacuation  of  Boston  as  a  measure  of 
too  much  danger,  and  difficulty,  and  importance,"  to  be  taken 
without  the  sanction  of  government.  Having  determined  to 
winter  his  army  in  the  latter  place,  he,  in  the  last  of  September, 
1T75,  "  commenced  preparations  to  quarter  it  in  the  houses  of 
the  inhabitants."  "  In  consequence  of  this  determination,  it  was 
necessary  to  remove  the  furniture  from  the  buildings  that  would 
be  required."  This  business  was  entrusted  to  Crean  Brush,  who 
was  armed  with  a  commission  vesting  him  with  authority 
to  receive  and  protect  such  personal  property  as  should  be  en- 
trusted to  his  care.* 

The  issue  of  this  commission  was  one  of  the  last  official  acts 
of  General  Gage  in  Boston.  Already  had  he  received  orders  to 
repair  to  England.  In  obedience  to  these  orders  he  sailed  on 
the  10th  of  October,  and  on  the  same  day  General  Howe  suc- 


*  The  following  is  a  copy  of  the  commission  referred  to  in  the  text : 
"  By  His  Excellency  The  Honorable  Thomas  Gage,  Captain-General  and  Gover- 
nor-in-Chief  in  and  over  His  Majesty's  Province  of  Massachusetts  Bay,  and 
Vice-Admiral  of  the  same,  General  and  Commander-in-Chief  of  all  His  Majes- 
ty's Forces  in  North  America,  <fec.,  &c.,  &c. 

"To  Crean  Brush,  Esquire: — 

"Whereas,  there  are  large  quantities  of  Goods,  Wares,  and  Merchandize,  Chat- 
ties and  Effects  of  considerable  value  left  in  the  Town  of  Boston  by  Persons  who 
have  thought  proper  to  depart  therefrom,  which  are  lodged  in  dwelling 
Houses,  and  in  Shops  and  Storehouses  adjoining  to  or  making  part  of  Dwelling 
Houses : 

"  And  Whereas,  there  is  great  reason  to  apprehend,  and  the  Inhabitants  have 
expressed  some  fears  concerning  the  safety  of  such  goods,  especially  as  great  part 
of  the  Houses  will  necessarily  be  Occupied  by  His  Majesty's  Troops  and  the  fol- 
lowers of  the  Army,  as  Barracks  during  the  Winter  Season ;  To  quiet  the  fears 
of  the  Inhabitants,  and  more  especially  to  take  all  due  care  for  the  preservation 
of  such  Goods,  Wares,  and  Merchandize :  I  have  thought  fit  and  do  hereby  Autho- 
rize and  appoint  you  the  said  Crean  Brush  to  take  and  receive  into  your  Care,  all 
such  Goods,  Chatties,  and  Effects  as  may  be  voluntarily  delivered  into  your 
Charge  by  the  owners  of  such  Goods,  or  the  Person  or  Persons  whose  care  they 
may  be  left  in,  on  your  giving  Receipts  for  the  same;  and  you  are  to  take  all  due 
care  thereof,  and  to  deliver  said  Goods,  when  called  upon,  to  those  to  whom  you 
shall  have  given  Receipts  for  the  same.  For  all  which  Services  you  are  to  Receive 
Ten  Shillings  Sterling  per  Day.  Given  under  my  Hand  and  Seal  at  Head-Quar- 
ters in  Boston  the  First  day  of  October,  One  Thousand  Seven  Hundred  and  Seventy 
Five,  in  the  Fifteenth  Year  of  the  Reign  of  Our  Sovereign  Lord  George  the  Third, 
by  the  Grace  of  God,  of  Great  Britain,  France,  and  Ireland  King ;  Defender  of 
the  Faith,  and  so  forth.  Thos.  Gage. 

"  By  his  Excellency's  Command, 

"Sam.  Kemble." 


MEMORIAL   TO   GOVERNOR   GAGE.  611 

ceeded  him  in  the  command  of  the  troops.  Meantime,  Brush, 
although  busied  among  the 

"  parritch-pats  and  auld  saut-backets" 

%vhich  the  good  wives  of  Boston  had  left  behind  them,  still  found 
time  to  evince  his  loyalty  in  other  ways.  He,  in  common  with 
the  army  of  General  Howe,  felt  secure  in  his  present  position, 
and  was  almost  certain  of  the  ultimate  success  of  the  British 
forces.  Owing  in  part  to  this  confidence,  and  in  part  to  a  desire 
of  reducing  the  inhabitants  of  the  New  Hampshire  Grants  to 
submission,  in  which  district  he  owned  several  thousand  acres 
of  land,  he  drew  up  a  memorial  in  which  he  oflfered  his  services 
to  raise  a  body  of  men  to  be  employed  in  the  service  of  the 
Eang.  Tliis  memorial  was  found  among  his  papers,  when  a  few 
months  later  he  was  taken  prisoner.  It  was  addressed  to  Gene- 
ral Gage.  The  intention  of  its  author,  doubtless,  was  to  trans- 
mit it  to  England,  trusting  to  Gage's  influence  with  the  Ministry 
for  a  favorable  answer  to  the  propositions  therein  advanced. 
The  supposition  that  it  ever  reached  the  eyes  of  him  for  whom 
it  was  intended  is  baseless.  As  to  the  memorialist,  the  designs 
by  which  he  had  hoped  to  advance  the  interests  of  the  Crown, 
and  gratify  his  own  avarice  and  ambition,  were  defeated  by  a 
change  in  his  own  circumstances  which  was  as  humiliating  as 
it  was  unexpected.* 

*  For  the  purpose  of  sho-vring  the  loyalty  of  Mr.  Brush's  disposition,  a  copy  of 
the  memorial  is  here  annexed : — 

"  To  His  Excellency  The  Honorable  Thomas  Gage,  Lieutenant-General  of  His 
Majesty's  Forces,  &c.,  (fee,  «fec. 

"  The  memorial  of  Crean  Brush  of  the 
Province  of  jS^ew  York,  Esquire, 
"  Most  Respectfully  sheweth — 

"  That  your  Memorialist  hath  in  several  Civil  De 
partments  zealously  exerted  himself  in  supporting  the  Constitution  and  Authority 
of  Parliament  over  all  His  lilajesty's  Dominions,  but  the  unwearied  assiduity  of 
an  artful,  ambitious  Confederacy  having  prevailed,  and  the  People  pursuing  the 
Arbitrary  Dictates  of  sucli  Confederates — having  shook  off  their  allegiance  to  the 
best  of  Kings,  and  their  Obedience  to  Lawful  Authority,  with  Ingratitude  unparal- 
leled burst  forth  into  open  Rebellion,  making  their  final  Appeal  to  Arms  and  rest 
their  Fate  on  the  decision  of  the  Sword  alone,  whereby  every  Bond  of  Society  is 
Dissolved,  and  all  Persons  precluded  from  stipporting  His  Majesty's  Government 
in  a  Civil  Capacity. 

"  Tour  ilemorialist,  therefore,  to  Manifest  his  Zeal  for  His  Majesty's  Person  and 
Government,  in  the  present  Exigence,  begs  leave  to  propose  to  your  Excellency 
that  he  will  forthwith,  upon  being  diily  authorized,  raise  a  Body  of  Volunteers, 


612  HISTORY   OF   EASTEKN   VERMONT. 

By  the  5th  of  February,  1776,  Mr.  Brush  had  received  into 
his  custody  a  large  amount  of  goods,  wares,  and  merchandize. 
General  Howe,  although  he  had  resolved  to  evacuate  Boston, 
was  determined  to  wait  "  until  he  had  additional  transports  and 
sufficient  provisions  for  a  long  voyage ;  and  also,  until  a  favor- 
consisting  of  not  less  than  three  HuTidred  effective  Men,  exchisive  of  Officers,  One 
Hundred  and  fifty  of  whom  to  be  formed  into  an  Independent  Company  under 
his  Command,  and  the  residue  to  be  disposed  of  at  the  pleasure  of  the  Command- 
er-in-Chief, the  whole  to  serve  in  Conjunction  with  Ilis  Majesty's  other  Forces, 
during  the  continuance  of  the  present  Rebellion,  upon  the  same  pay,  and  Royal 
Bounty,  as  granted  to  the  new  rais'd  Royal  Fencible  American  Regiment,  and 
this  Proposal  your  Memorialist  flatters  himself  with  a  certainty  of  eff'ecting  from 
his  Connections  and  Friends  among  the  well-disposed  Inliabitants.  And  after  the 
Subduction  of  the  Main  Body  of  Rebel  Force,  your  Memorialist  would  further 
humbly  propose,  that  an  establishment  of  three  Hundred  Men,  including  such  of 
the  three  Hundred  INIen  so  to  be  raised  by  him  as  may  then  remain,  exclusive  of 
Officers,  might  be  formed  into  one  Body  under  his  Command  to  occupy  proper 
Posts  on  Connecticut  River,  and  open  a  Line  of  communication  from  thence  West- 
ward towards  Lake  Champlain,  to  continue  on  that  Station  so  long  as  the  Com- 
mander-in-Chief of  Ilis  Majesty's  Forces  shall  judge  expedient,  and  then  to  be 
Reduced.  And  your  Memorialist's  intimate  Knowledge  of  that  Frontier  enables 
him  to  assure  your  Excellency  that  such  an  Establishment  in  that  Country  (far 
remote  as  it  is  from  the  Seat  and  Aid  of  Government)  will  become  absolutely 
necessary  for  the  purpose  of  reducing  to  Obedience,  and  bringing  to  Justice,  a 
dangerous  Gang  of  Lawless  Banditti,  who,  without  the  least  pretext  of  Title,  have, 
by  Violence,  possessed  themselves  of  a  large  Tract  of  Interior  Territory,  between 
Connecticut  River  on  the  East,  and  the  Waters  of  Hudson's  River  and  Lake 
Champlain  on  the  West,  in  open  defiance  of  Government,  holding  themselves 
ameniable  to  no  Law,  but  confiding  in  their  own  strength,  have  for  many  Years 
committed  the  most  unheard  of  Cruelties,  and  spread  Terror  and  Destruction 
around  them,  without  Fear  of  Punishment  or  possibility  of  Control,  as  well  as  to 
form  a  proper  Defence  (in  conjunction  with  the  well-disposed  Inhabitants)  against 
such  discomfited  Rebels  as  fleeing  from  the  Main  Body  of  His  Majesty's  Forces, 
will  have  no  other  Refuge  to  seek  than  this  Interior  defenceless  Country,  and  who, 
forming  themselves  into  Armed  Bands,  will  Associate  with  the  Needy  and  Disso- 
lute, and  without  Remorse,  destroy  all  distinction  of  Property  founded  on  Law,  or 
Subject  it  to  their  depredation.  The  Restoration  and  Protection  of  Courts  of  Jus- 
tice, and  of  the  Civil  Magistrate  in  the  due  Execution  of  his  Office,  on  which  is 
dependant  the  whole  Security  and  Happiness  of  the  Subject,  forms  the  great  ulti- 
mate end  of  the  projjosed  arrangement. 

"Your  Memorialist  therefore  Humbly  Prays  your  Excellency  will 
take  the  Premises  into  Consideration,  and  if  the  Measure  pro- 
posed is  favored  with  your  Approbation  that  you  will  be  pleased 
to  lay  the  same  before  His  Majesty's  Mnisters  of  State  with  your 
Excellency's  opinion  thereon. 

"  And  Your  Memorialist  will  Pray. 
"Boston,  10th  January,  1776." 

Frothiiigham's  Siege  of  Boston,  pp.  246,  247,  249,  294,  295.  MSS.  entitled 
"Revolution  Messages,"  etc.,  which  include  a  number  of  papers  relative  to  Brush, 
in  office  Sec.  State  Mass.,  1775-1783,  pp.  297-319. 


REMOVAL   OF   PKOPERTY   FROM   BOSTON.  613 

able  season  should  arrive,"  Under  these  circumstances,  Mr. 
Brush,  anxious  to  be  directed  as  to  the  disposal  of  the  property 
in  his  possession,  made  application  to  General  Howe,  to  Briga- 
dier-General James  Kobertson,  to  the  Quarter-Master  General, 
and  to  the  Adjutant-General  for  advice.  Kobertson  alone 
deigned  to  attend  to  the  subject.  At  his  request,  Mr.  Brush 
engaged  Charles  Blasquet,  Kichard  Hill,  John  Hill,  and  David 
Cunningham,  "  under  high  wages,"  to  devote  "  their  whole  time 
and  attention  "  to  the  business  of  packing  and  casing  the  goods 
he  had  collected,  and  of  conveying  them  on  board  the  brigan- 
tine  Elizabeth,  then  lying  in  the  harbor  at  Clark's  wharf.  This 
vessel  belonged  to  Richard  Hart  of  Portsmouth,  New  Hamp- 
shire, and  had  been  purchased  as  a  transport."^  In  the  confusion 
incident  to  the  situation  of  the  town,  carts  and  boats  could  be 
procured  only  with  the  greatest  difficulty.  Mr.  Brush  and  his 
aids  were,  on  this  account,  compelled  to  ship  their  goods  by 
such  conveyances  as  chance  afforded,  and  as  the  brigantine  was 
at  that  time  in  the  charge  of  three  persons  only,  two  of  whom 
were  boys,  and  all  inexperienced,  the  packages,  which  were  but 
poorly  put  together,  were  worse  bestow^ed. 

At  this  juncture,  Cyrus  Baldwin,  a  Boston  merchant  who  had 
left  town  through  fear  of  the  British,  and  had  retired  to  TVoburu, 
wrote  to  William  Jackson  and  his  brother  who  still  remained  in 
Boston,  begging  them  to  receive  from  him  a  power  of  attorney, 
and  take  the  charge  of  his  effects.  With  this  request  they  com- 
plied, and  soon  after  received  from  him  through  his  clerk,  Mr. 
Shaw,  the  keys  of  his  store.  At  the  same  time,  Shaw  removed 
to  the  store  of  the  Jacksons  a  portion  of  his  employer's  goods  for 
safer  keeping.  As  it  became  more  and  more  apparent  that  the 
British  would  be  compelled  to  evacuate  Boston  earlier  than  they 
had  intended,  their  conduct  becaine  more  and  more  insolent. 
Early  in  the  month  of  March,  a  number  of  Tories  who  had  taken 
possession  of  the  house  of  one  Mr.  Marsh,  which  adjoined  Bald- 
win's, came  out  by  the  scuttle  and  broke  open  Baldwin's  house 
through  the  roof.  This  act  was  performed  in  the  dead  of  night. 
On  the  following  morning  William  Jackson,  having  received 
information  of  M^hat  had  happened,  went  to  Baldwin's  house,  and 
upon  examination  discovered  that,  although  some  damage  had 
been  done,  yet  that  several  packages  of  goods  which  had  been 
stored  there,  were   untouched.     He   then  remonstrated  with 

*  "  This  vessel  was  purchased  by  William  Jackson  at  the  Brazen  Head."  Edes's 
Boston  Gazette,  Monday,  April  8,  1116.     Connecticut  Courant,  April  15,  1116. 


Gl-i  HISTORY    OF   EASTERN    VERMONT. 

those  who  had  been  guilty  of  this  burglary,  on  the  "iniquity  of 
such  doings,"  but  without  much  effect.  On  the  9th  of  March, 
which  was  Saturday,  as  he  was  approaching  his  storehouse,  he 
found  Mr.  Brush  and  a  number  of  his  attendants  in  front  of 
Baldwin's  ]Aace  of  business,  the  next  to  his  own.  Brush  imme- 
diately demanded  of  him  the  keys  of  Baldwin's  storehouse  ;  de- 
clared that  he  had  authority  to  seize  his  and  other  people's 
goods ;  pronounced  Baldwin  a  rebel ;  and  vowed  to  break  the 
doors  through  in  case  peaceable  entrance  was  not  given.  Being 
unable  without  aid  to  make  a  successful  resistance,  Jackson 
repaired  in  haste  to  General  Howe.  Meeting  one  of  his  aids-de- 
camp, he  informed  him  of  his  situation,  and  in  view  of  the 
power  of  attorney  which  he  held  from  Baldwin,  asked  to  be  de- 
fended in  his  rights.  An  orderly  sergeant  was  thereupon 
deputed  to  return  with  him,  with  a  verbal  order  that  Mr.  Brush 
should  not  molest  Baldwin's  goods.  The  sergeant  delivered  a 
wrong  message,  and  commanded  Brush  not  to  disturb  the  pro- 
perty of  Jackson.  Jackson  corrected  the  mistake,  but  Brush 
refused  to  receive  the  correction  unless  it  was  made  in  writing 
and  by  the  proper  authority.  On  going  the  second  time  to  head- 
quarters, Jackson  was  unable  to  see  either  of  the  aids-de-camp. 
On  his  return  Mr.  Brush  and  his  men  broke  open  Baldwin's 
storehouse,  and  having  obtained  conveyances,  removed  the 
greater  part  of  its  contents  to  the  brigantine  Elizabeth. 

Not  satisfied  with  the  power  with  which  he  had  been  vested, 
Mr.  Brush  obtained  from  General  Howe,  on  the  10th  of  March, 
private  instructions  to  seize  those  "  goods,"  which,  if  retained 
by  the  rebels,  would  enable  them  to  carry  on  the  war,  and 
"  put  them  on  board  the  Minerva  ship,  or  the  brigantine  Eliza- 
beth." In  accordance  with  these  private  instructions.  General 
Howe,  on  the  same  day,  which  was  Sunday,  issued  a  procla- 
mation which,  having  been  printed  in  the  form  of  a  handbill, 
was  posted  in  the  most  conspicuous  places  in  Boston,  ordering 
the  removal  of  "  linen  and  woollen  goods"  from  the  2)lace,  and 
declaring  that  any  person  who  should  secrete  or  retain  articles 
of  this  description  would  be  treated  as  "  a  favourer  of  rebels."* 

*  The  private  instructions,  -which,  with  the  exception  of  General  Howe's  sig- 
nature, were  in  Mr.  Brush's  hand-writing,  were  as  follows : — 

"  Sir, — I  am  informed  there  are  large  Quantities  of  Goods  in  the  Town  of  Boston, 
which,  if  in  possession  of  the  Rebells,  would  enable  tliem  to  Carry  on  War.  And 
Whereas,  I  have  given  Notice  to  all  Loyal  Inhabitants  to  remove  such  Goods  from 
hence,  and  that  all  who  do  not  remove  them,  or  deliver  them  to  your  Care,  will 


WHOLESALE    PLUNDER.  615 

No  sooner  was  this  proclamation  issued,  than  Mr.  Brush  began 
his  work  of  plunder.  Regardless  of  the  sacred  character  of  the 
day,  he  broke  into  the  shops  of  Samuel  Austin,  John  Scollay, 
John  Rowe,  John  Barrett  and  Sons,  Captain  Dashwood,  and 
Captain  Partridge,  whence  he  removed  goods  to  the  value  of 
several  thousands  of  pounds  sterling.  From  the  shop  of  the 
Jacksons  he  also  took  about  twenty-five  packages  of  goods,  but 
these  were  treated  with  more  care,  for  tliey  were  guarded  by 
James  Jackson  as  far  as  the  wharf  whence  they  were  shipped.* 
Nor  did  he  confine  himself  to  linens  and  woollens,  the  articles 
which  had  been  declared  contraband.     His  was  an  indiscri- 

be  considered  as  abettors  of  Rebells.  You  are  hereby  Authorized  and  Eequired 
to  take  into  your  Possession  all  Such  Goods  as  answer  this  description,  and  to 
give  Certificates  to  the  Owners  that  you  have  received  them  for  their  use,  and  will 
deliver  them  to  the  Owners'  Order,  unavoidable  Accidents  excepted.  And  you  are 
to  make  enquiry,  if  any  such  Goods  be  secreted  or  left  in  Stores,  and  you  are  to 
Seize  all  such  and  put  them  on  Board  the  Minerva,  Ship,  or  Brigantine  Elizabeth. 
"  Given  under  my  hand  at  Head  Quarters, 
"Boston,  this  tenth  Day  of  March,  17'76. 

"W.  Howe, 
"  Com^  Chf. 
"To  Crean  Brush,  Esquire." 

The  following  is  a  copy  of  the  proclamation  of  General  Howe,  which,  in  the 
form  of  a  handbill,  was  posted  in  the  town  of  Boston : — 

"  By  His  Excellency 
"  William  Howe, 

"  Major  General,  &c.  <fec.  <fec. 
"  As  Linnen  and  Woolen  Goods  are  Articles  much  wanted  by  the  Rebels,  and 
would  aid  and  assist  them  in  their  Rebellion,  the  Commander-in-Chief  expects 
that  all  good  Subjects  will  use  their  utmost  Endeavors  to  have  all  such  Articles 
convey'd  from  this  Place:  Any  who  have  not  Opportunity  to  convey  their 
Goods  under  their  own  Care,  may  deliver  them  on  Board  the  Minerva  at  Hub- 
bard's Wharf,  to  Crean  Brush,  Esq. ;  mark'd  with  their  Names,  who  will  give  a 
Certificate  of  the  Delivery,  and  will  oblige  himself  to  return  them  to  the  Owners, 
all  unavoidable  Accidents  excepted. 

"  If  after  this  Notice  any  Person  secretes  or  Keeps  in  his  Possession  such  Arti- 
cles, he  will  be  treated  as  a  Favourer  of  Rebels. 
"Boston,  March  10th,  1776." 

MSS.  in  office  Sec.  State  Mass.     Frothingham's  Siege  of  Boston,  pp.  306,  307. 

*  Some  idea  of  the  manner  in  which  the  j)lundering  of  the  town  of  Boston  was 
conducted,  may  be  gained  by  a  perusal  of  the  annexed  inventory,  drawn  by 
James  Jackson,  "  of  sundry  packages  taken  by  Crean  Brush  out  of  Mr.  Cyrus 
Baldwin's  store,  March  10,  1776." 

"7  Trunks,  9  Boxes,  9  Casks,  1  Counter,  11  Bales,  1  Bag  Pepper,  1  Bag  All- 
spice, 1  Cask  Indigo,  3  Quires  small  and  1  Quire  large  Press  papers.  Sundry  Loose 
Ones,  1  Black  Walnut  Desk,  1  Writing  Desk,  1  Pewter  Dish,  1  Small  organ  in  the 
chamber,  4  Chairs,  1  Pewter  Dish." 


616  HISTORY    OF   EASTERN    VERMONT. 

minate  robbery,  and  everything  portable  on  which  he  could 
lay  his  hands,  if  of  value,  was  tumbled  with  the  utmost  confu- 
sion into  the  hold  of  the  brigantine  Elizabeth.  On  the  next 
day  he  renewed  his  depredations  with  vigor.  "  Shops  were 
stripped  by  him  of  all  their  goods,  though  the  owners  were  in 
town."  Dwelling  houses  were  plundered  of  their  contents,  and 
what  could  not  be  carried  off  was  destroyed.  Mr.  Brush  after- 
wards bore  witness  to  his  activity  in  these  words  : — "  I  solemnly 
aver,  that  from  the  5th  to  the  13th  of  March,  my  own  assiduity 
was  so  great  that  I  did  not  in  any  one  night  allow  myself  more 
than  two  hours  sleep."  For  four  days,  commencing  on  the 
day  on  which  the  last  proclamation  was  dated,  the  destruction 
of  private  property  in  Boston  was  immense.  Those  engaged  in 
these  scenes  cared  but  little  for  the  order  which  declared  that 
the  soldiers  who  should  be  "  caught  plundering "  should  be 
"  hanged  on  the  spot,"  and  were  not  hindered  in  their  lawless 
work  by  tlie  rain  which  fell  during  the  greater  part  of  the  time.* 
On  the  12th  of  March,  John  Hill,  one  of  Mr.  Brush's  assist- 
ants, wrote  to  Brigadier-General  Robertson  for  assistance.  He 
stated  that  his  employer  and  others  had  laded  the  Elizabeth 
with  "  a  valuable  cargo  of  rebels'  goods ;"  that  one  Captain 
Wheaton  had  assumed  the  command,  but  was  incapable  of  fulfil- 
ling his  trust ;  that  he  had  crowded  her  with  twenty  passengers, 
"  besides  seven  negroes,"  among  whom  there  was  not  one  per- 
son who  could  superintend  her  navigation;  that  there  were 
neither  provisions  nor  water  on  board  ;  that  the  passengers 
were  in  confusion,  and  the  cargo  in  chaos.  He  further  de- 
clared that  should  the  vessel  put  to  sea  in  her  present  state,  she 
would  undoubtedly  be  lost,  and  begged  in  behalf  of  Mr.  Brush, 
that  she  might  be  provided  with  a  fit  master,  and  four  compe- 
tent seamen,  and  that  all  "superfluous  persons"  might  be  re- 
moved from  her.  On  the  same  day,  William  and  James  Jack- 
son proceeded  to  Brigadier-General  Robertson's  quarters,  for 
the  purpose  of  obtaining  from  Mr.  Brush  through  him,  a  receipt 
for  the  goods  of  Baldwin.  Samuel  Austin  and  John  Scollay, 
two  of  the  selectmen  of  Boston,  and  Captains  Partridge  and 
Dashwood  were  already  there,  endeavoring  to  obtain  informa- 
tion concerning  their  property.  Mr.  Brush  produced  manifests 
of  the  goods  of  these  gentlemen,  and  even  furnished  them  with 
receipts,  but  of  the  efiects  of  Baldwin  he  could  give  no  account. 

*  Gordon's  Hist,  of  the  War,  ii.  42^44.     Frothingham's  Siege  of  Boston,  pp. 
301,  308. 


OUTRAGES   BY   THE  BKITISH.  617 

Some  conversation  then  ensued  relative  to  Mr.  Brush's  conduct, 
when  Robertson,  in  order  probably  to  put  an  end  to  the  com- 
plaints which  had  arisen  on  account  of  the  recklessness  with 
which  Mr.  Brush  had  conducted  the  seizure  of  the  "  rebels' " 
goods,  gave  orders  that  the  Elizabeth  should  fall  down  the  har- 
bor. It  had  been  expected  that  Boston  would  be  evacuated  on 
the  15th,  but  owing  to  an  easterly  breeze  which  rendered  exit 
from  the  harbor  unsafe,  the  departure  of  the  troops  was  de- 
layed. The  next  day  was  spent  by  the  soldiers  in  "  defacing 
furniture,  damaging  goods,  and  breaking  open  stores."  On 
Sunday,  March  the  17th,  the  embarkation  commenced  at  an 
early  hour,  and  before  night  the  fleet  was  harbored  in  Nantas- 
ket  Road.  Mr.  Brush  left  in  the  Elizabeth,  and  was  accompa- 
nied by  William  Jackson,  who  had  determined  to  remain  with 
his  property,  to  protect  it,  if  he  should  be  able. 

The  situation  of  the  Elizabeth  was  unpromising  in  the  ex- 
treme. The  j)ackages  which  had  been  thrown  in  indiscrimi- 
nately were  broken  open,  and  the  goods  were  lying  loose  in  the 
hold  from  one  end  of  the  vessel  to  the  other.  Wheaton,  the 
temporary  captain,  and  Mr.  Brush  were  continually  differing, 
each  pretending  to  the  command,  and  no  care  had  been  taken 
to  lay  in  a  store  of  provisions.  As  soon  as  General  Howe 
arrived  at  JSTantasket,  Jackson,  who  was  still  there,  wrote  to 
him,  informing  him  of  the  service  he,  as  "a  subject,"  had  done 
"  in  the  detection  and  discovery  of  persons  concerned  in  fraudu- 
lently taking  away  the  property  of  divers  merchants,"  and 
asked  to  be  appointed  to  take  the  charge  of  the  cargo  on  board 
the  Elizabeth,  then  "  under  the  care  of  Mr.  Brush."  By  the 
advice  of  Major  Sheriff,  Jackson  repaired  to  the  ship  of  Admi- 
ral Shuldham  in  Ejng  Road,  on  board  of  which  General  Howe 
had  his  head-quarters.  He  was  there  met  by  Captain  Balfour, 
Howe's  aid-de-camp,  who  begged  him  to  return  to  the  brigan- 
tine,  and  promised  that  he  would  soon  follow.  Not  long  after, 
Brigadier-General  Robertson  and  Major  Grant,  the  commandant 
of  the  55th  regiment,  visited  the  Elizabeth,  with  a  party  of  men, 
in  place  of  Balfour.  To  them  Jackson  made  known  the  situation 
of  affairs,  and  informed  them  that  the  goods  of  several  persons 
which  had  been  taken,  were  not  to  be  found  on  the  brigantine. 
By  their  aid  a  search  was  instituted,  and  the  lost  property,  among 
which  was  that  of  Mr.  Baldwin,  was  discovered  "  on  board  a 
ship  called  the  Peggy."  Jackson  thereupon  agreed  to  attend 
to  the  preservation  of  the  cargo  of  the  Elizabeth,  and  a  couple 


618  HISTORY    OF   EASTERN   VERMONT. 

of  men  were  sent  to  assist  him  in  its  stowage.  Large  quantities 
of  goods  were  afterwards  removed  from  the  Peggy  to  the  Eliza- 
beth, but  the  property  which  was  hidden  under  the  wheat  and 
flour,  which  formed  a  part  of  the  cargo  of  the  former  vessel, 
was  not  then  discovered. 

On  Thursday,  the  21st  of  March,  Admiral  Shuldham  of  the 
British  fleet,  ordered  Peter  Ramsay,  a  midshipman  on  the 
Chatham,  to  take  the  captaincy  of  the  Elizabeth.  With  him 
were  sent  sailors,  together  with  a  sergeant  and  twelve  privates 
of  the  4th,  or  King's  Own  Regiment,  that  the  vessel  might 
be  both  navigated  and  defended.  For  a  few  days  following, 
the  crew  were  busily  engaged  in  taking  in  provisions,  and 
in  making  the  necessary  preparations  for  the  voyage.  Ar- 
rangements having  been  completed,  and  a  number  of  women 
and  children  having  been  taken  on  board  as  passengers,  the 
Elizabeth  set  sail  for  Halifax,  ]^ova  Scotia,  between  the  hours 
of  three  and  four,  on  the  afternoon  of  Friday,  the  29th  of 
March,  under  convoy  of  the  British  ship-of-war  the  Niger.  On 
Tuesday,  the  2d  of  April,  Commodore  John  Manly  in  the  Han- 
cock, coming  up  with  the  brigantine,  which  had  in  the  mean 
time  parted  from  her  convoy,  fired  a  broadside  at  her.  This 
was  returned  by  a  volley  of  small  arms  from  the  sergeant's 
party  on  board  the  Elizabeth.  At  this  juncture  Capt.  Daniel 
Waters  in  the  Lee,  and  Capt.  John  Ayres  in  the  Lynch,  joined 
tlie  Commodore.  Escape  was  now  impossible.  Between  the 
hours  of  four  and  five  in  the  afternoon  the  Elizabeth  struck  her 
colors.  Captain  Ramsay  and  all  on  board  were  made  prison- 
ers, and  the  brigantine  was  floated  into  Piscataqua  river  in 
New  Hampshire. 

The  most  important  prisoners  were  on  Thursday,  the  11th  of 
April,  brought  before  the  Council  of  Massachusetts,  then  in  ses- 
sion at  Watertown,  and  examined.  Mr.  Brush  did  not  deny  the 
charges  which  were  adduced  against  him,  and  even  acknow- 
ledged that  he  took  some  articles  which  were  not  "  woollens  or 
linens  ;"  but  "  this,"  said  he,  "  was  owing  to  the  owners  them- 
selves, who  would  not  inform  me  which  packages  contained 
them."  The  statements  made  by  Captain  Ramsay  were  strictly 
true.  William  Jackson  declared  that  he  had  taken  passage  in 
the  Ehzabetli  in  order  to  protect  his  own  and  Mr.  Baldwin's 
property,  and  that  he  had  never  been  acquainted  with  Mr. 
Brush  till  he  met  him  at  General  Howe's  quarters.  Another 
prisoner,  one  Edward  Keighley,  stated  that  he  was  a  passenger 


AKKEST   OF   BRUSH   AJS'D   OTHERS.  619 

in  the  Elizabeth  when  she  was  taken,  and  that  he  had  on  board 
of  her  a  quantity  of  goods,  which  it  was  his  design  to  cany  to 
HaHfax  and  "  make  the  best  of."  He  also  asserted  that  there 
were  five  persons  on  the  Elizabeth  who  had  been  imprisoned 
on  account  of  the  share  they  had  taken  in  plundering  the  town 
of  Boston,  and  in  secreting  the  booty  in  the  hold  of  the  Peggy. 
On  the  day  following  this  examination,  the  "  major  part  of 
the  Council"  directed  the  keeper  of  the  jail  at  Boston  to  take 
into  his  custody,  Crean  Brush,  "William  Jackson,  Peter  Pamsay, 
Edward  Keighley,  and  Richard  Newton,  "  lately  taken  in  their 
flight  from  Boston,  in  attempting  to  carry  away  from  thence, 
under  the  protection  of  the  British  fleet,  large  quantities  of 
goods,  wares,  and  merchandizes,  the  rightful  property  of  the 
inhabitants "  of  the  town  of  Boston.  The  first  three  prisoners 
were  ordered  to  be  placed  "  each  in  an  apartment  by  himself ; " 
were  denied  the  use  of  pen,  ink,  and  paper,  and  candles ;  and 
were  not  permitted  to  converse  with  any  person  unless  in  the 
presence  of  the  jailer.  Mr.  Brush  was  not  only  subjected  to 
these  restrictions,  but  was  also  handcufied.  Among  the  papers 
of  Brush  was  found  an  unfinished  letter,  which  was  published 
in  Edes's  Boston  Gazette  a  few  days  after  its  author  had  been 
imprisoned,  in  order,  as  was  stated  by  the  editor  in  his  prefatory 
remarks,  "  that  the  good  people  of  these  colonies  may  see  the 
unwearied  attempts  of  our  implacable  enemies  to  enslave  them."* 

*  This  letter  was  without  date  or  address,  and  was  in  these  words : — 
"  Sir  :  The  movement  of  the  troops  from  Boston  to  Canada  is  the  only  measure 
which  assures  success  in  the  reduction  of  America  to  due  obedience,  which,  I 
trust,  sir,  you  will  remember  to  have  been  an  observation  of  mine  to  you  in  Feb- 
ruary, 1765.  From  the  frontiers  of  that  Province,  the  troops  can,  with  great 
facility,  possess  the  interior  fertile  country,  which  forms  the  great  object  of  Rebel 
resources,  and,  by  throwing  the  disaffected  inhabitants  in  crowds  upon  an  already 
exhausted  and  almost  barren  sea-coast,  and  keeping  them  confined  there,  they 
must  be  reduced  by  famine  without  a  blow,  provided  a  proper  fleet  is  stationed 
on  the  coast  of  the  Atlantick,  to  harass  them  on  that  quarter,  and  prevent  foreign 
succours.  The  rivers,  lakes,  and  streams,  connected  with,  and  contiguous  to,  the 
Pdver  St.  Lawrence,  must  be  the  channels  through  which  this  desirable  object  is 
to  be  accomplished — the  River  Kennebeek,  whose  source  is  near  that  of  the  River 
Chaudiere,  emptying  into  the  St.  Lawrence  River,  a  few  miles  above  Quebeck ; 
the  Sago  River,  which  separates  the  Province  of  New  Hampshire  from  the  Pro- 
vince of  Maine  ;  the  River  Merrimack,  rising  about  latitude  43°  ;  the  River  Con- 
necticut, whose  80\irce  is  in  about  latitude  46°,  near  the  Lake  De  St.  Frangois,  in 
the  River  St.  Lawrence ;  Hudson's,  Susquehannah,  Delaware,  and  Ohio  Rivers, 
with  the  lakes  forming  these  rivei-s  and  streams  issuing  into  them.  For  on  the 
banks  of  these  lakes,  rivers,  and  streams,  are  the  fertile  lands ;  and  the  whole  set- 
tlements in  the  interior  parts  are  chiefly  formed  on  them.  You  will  be  pleased, 
sir,  to  excuse  the  liberty  I  have  already  taken,  and  indulge  me  until  I  lay  before 


620  HISTORY    OF    EASTEKX    VEKMONT. 

A  memorial  was  also  found  among  his  papers,  addressed  to 
Brigadier-General  James  Robertson.  In  this,  he  gave  a  partial 
account  of  his  doings  in  Boston,  and  blamed  those  of  the  rebek 
who  had  found  fault  with  his  ruffianism.  Beferring  to  these 
unreasonable  grumblers,  he  said  : — "  Your  memorialist  begs 
leave  to  assure  your  Honor,  that  he  is  fully  able  to  prove  that 
his  conduct  towards  them  was  governed  with  politeness  and 
moderation.  True  it  is,  that  when  attempts  were  made  to  en- 
gage his  attention  in  tedious  dissertations  on  Magna  Charta  and 
the  rights  of  British  subjects,  with  intent  to  retard  him  in  the 
execution  of  his  office,  he  did  interruj)t  such  harangues,  and 
with  an  irony  which  inflamed  their  resentment,  complimented 
them  on  their  eloquence,  which  had  in  tov/n  meetings  been  so 
successful  as  to  throw  all  America  into  confusion,"  But  he 
further  asserted  that  remarks  like  these  were  always  accompa- 
nied by  the  declaration,  that  he  "  was  upon  business "  which 
he  was  "  determined  to  execute  without  interruption,"  In 
another  memorial  intended  for  General  Howe,  which  seemed 
to  be  a  companion-piece  to  the  above,  he  employed  a  similar 
style  in  his  remarks.  In  one  instance  only  did  he  turn  aside 
from  the  justification  of  his  own  acts,  in  order  to  commend  to 
favor  the  four  men  and  their  families,  who  "  neglected  their 
own  concerns  to  serve  government,"  when  he  procured  their 
assistance  in  breaking  open  the  shops  of  Boston. 

you  the  method  I  would  pursue  iii  taking  possession  of  any  capital  river ;  which, 
if  it  furnishes  a  hint  which  may  facilitate  the  operations  on  any  others,  I  should 
esteem  myself  very  happy.  The  plan  I  would  lay  down  i*elates  only  to  the  lliver 
Connecticut — an  object  of  the  greatest  consequence,  as  it  forms  the  granary  of 
Massachusetts  Bay  and  Connecticut.  And  I  request  you  may  believe,  tliat  wliat 
I  advance  is  not  founded  on  mere  speculative  knowledge,  founded  on  maps,  but 
from  the  actual  experience  of  many  years  traversing  that  river,  from  its  mouth 
to  latitude  45°,  where  I  had  an  opportunity  of  thoroughly  inspecting  its  falls.  On 
supposition,  therefore,  that  the  body  of  Regulars  on  this  expedition  consists  of  one 
thousand  five  hundred  men,  the  like  number  of  Canadians,  and  one  hundred  Indi- 
ans, with  arms  and  ammunition,  and  six  small  field-pieces,  the  whole  to  proceed 
together  from  Quebeck  to  Lake  De  St.  Francois,  with  about  one  hundred  ami  fifty 
horses,  or  more,  if  possible,  and  birch  canoes  sufficient  to  carry  such  provisions 
and  light  baggage  as  may  be  necessary:  the  distance  from  the  Lake  De  St.  Fran- 
fois  to  the  source  of  Connecticut  River  may  be  about  six  days'  march  ;  and  in 
this  the  whole  difficulty  consists.  However,  the  Canadians,  who  are  good  axe- 
men, covered  by  an  advanced  party  and  Indian  guides,  might  cut  out  such  fallen 
timber  as  may  lay  across  the  path,  and  fill  up  sucli  galleys  with  logs  and  earth 
as  would  otherwise  obstruct  the  march  of  the  artillery.  Immediately  on  enter- 
ing the  settled  townships  on  Connecticut  River,  a  printed  paper,  to  the  purport 
or  effect  following,  might  be  distributed." — Edes's  Boston  (.'azette,  April  15, 
1776. 


DISCHAEGE   AND   KE-AEEEST   OF   JOHN   HILL.  621 

One  of  these  four  men,  John  Hill,  had  been  taken  when  the 
Elizabeth  was  captured.  On  his  examination,  as  no  evidence 
was  adduced  against  him,  he  was  dismissed.  It  was  afterwards 
ascertained,  in  the  words  of  the  Council  of  Massachusetts,  that 
when  he  was  first  made  j)risoner,  he  had  on  board  the  brigan- 
tine,  in  his  possession,  "  chests,  trunks,  and  packages  of  goods 
and  merchandize,  to  the  Yalue  of  £300  sterling,  supposed  to 
have  been  stolen  from  the  distressed  inhabitants  of  the  town  of 
Boston  ; "  and  that  he  had  been  "  an  assistant  to  Crean  Brush 
in  his  late  unwari-antable  and  high-handed  thefts  and  robbe- 
ries." For  these  reasons,  the  Council,  on  the  25th  of  April, 
issued  an  order  for  his  re-arrest.  Having  been  taken  at  Mar- 
blehead,  he  was  sent  by  the  committee  of  con-espondence  of 
that  town  to  Boston.  On  the  30th  of  April,  he  was  again 
brought  before  the  Council,  and,  having  been  examined  by 
Benjamin  Chadbourn,  Mr.  Cushing,  and  Mr.  Sullivan,  he  was 
sent  to  "  Boston  Jail,"  there  to  be  confined  as  a  prisoner  until 
he  should  appear  before  the  seven  justices  of  the  peace  of  the 
county  of  Suflblk,  "  appointed  to  try  associators  and  abettors 
of  the  ministerial  army."  After  remaining  in  prison  for  a 
month,  Hill,  on  the  4th  of  June,  petitioned  for  his  release, 
alleging  as  reasons  the  dying  condition  of  his  wife,  and  the 
starving  state  of  his  mother  and  daughter.  His  request  was 
probably  granted,  for  it  is  well  known  that  cruelty  was  not  a 
characteristic  of  the  conduct  of  the  Americans  in  the  war  of 
the  revolution. 

In  a  letter  to  the  Council  of  Massachusetts,  dated  the  10th 
of  June,  William  Jackson,  another  of  the  prisoners,  asserted 
that  he  had  not  been  "  in  any  shape  concerned  with  Brush," 
and  agreed  to  prove  his  words  by  an  appeal  to  that  individual. 
In  consequence  of  this  letter,  Jackson  was  again  brought  before 
the  Council,  on  the  13th,  and  wag  re-examined.  At  the  close 
of  the  interview,  he  drew  up  a  detailed  account  of  the  part 
he  had  taken  in  the  scenes  which  had  been  lately  enacted  in 
r  Boston,  in  which  he  represented  himself  as  a  succorer  of  those 
who  had  sufi'ered  by  the  vindictiveness  of  Mr.  Brush.  In 
proof  of  his  innocence,  he  presented  six  certificates  from  Bos- 
ton gentlemen.  Two  of  these  were  signed  by  John  Scollay 
and  Samuel  Austin.  On  the  13th  of  July  following,  he  was 
still  in  jail,  subject  to  the  restrictions  which  had  been  placed 
upon  him  three  months  previous.  When  the  subject  of  the 
capture  of   the   Elizabeth  was  discussed  in  Congress,  a  few 


622  HISTORY    OF   EASTERN   VERMONT. 

montlis  later,  the  conduct  of  William  Jackson  and  of  his 
brother  James  was  spoken  of  without  reprobation,  and  in  such 
a  manner  as  would  lead  to  the  conclusion  that  the  former  was 
not  at  that  time  in  confinement. 

The  cargo  of  the  Elizabeth,  though  varied  in  its  character, 
was  very  valuable.  Its  worth  was  stated  by  William  Jackson 
at  £20,000  sterling,  and  the  Boston  newspapers  raised  these 
figures  to  £35,000  sterling.  Regarding  the  vessel  and  its  lading 
as  a  lawful  prize,  the  captors  expected  their  full  quota  of  the 
net  proceeds.  On  the  other  hand,  the  owners  of  the  brigantine 
and  her  cargo  laid  claim  to  their  respective  property.  Joshua 
Wentworth,  of  Portsmouth,  New  Hampshire,  appeared  in 
behalf  of  the  captors,  and  John  Lowell,  of  ISTewburyport,  Mas- 
sachusetts, for  the  claimants.  The  latter  gentleman  obtained 
from  the  ofiice  of  the  secretary  of  Massachusetts,  the  papers 
which  had  been  taken  from  Brush,  in  order  that  he  might 
prove  by  them  the  ownership  of  the  vessel  and  cargo.  Samuel 
Austin,  John  Eowe,  Capt.  S.  Partridge,  Capt.  Samuel  Dash- 
wood,  and  John  Scollay,  the  merchants  whose  stores  had  been 
most  thoroughly  plundered,  presented  a  petition  to  Congress  on 
the  21st  of  May,  desiring  that  particular  attention  might  be 
given  to  their  situation.  Wentworth,  meantime,  fully  aware 
of  the  peculiar  difficulties  of  the  case  he  had  undertaken,  wrote 
to  Stephen  Moylan  for  advice.  On  the  21st  of  August,  Went- 
worth, in  behalf  "  as  well  of  the  United  States  of  America,  as 
of  John  Manly,  Daniel  Waters,  and  John  Ayres,  commanders ; 
and  the  officers,  marines,  and  mariners,  of  the  three  armed  ves- 
sels, Hancock,  Lee,  and  Lynch,"  exhibited  a  libel  before  Joshua 
Brackett,  judge  of  the  court  maritime  of  ISTew  Hampshire, 
"  against  the  brigantine  Elizabeth,  commanded  by  Peter  Ram- 
say ;  and  her  cargo  ;  and  Richard  Hart,  of  Portsmouth,  in 
New  Hampshire,  owner  of  tlie  said  brigantine ;  and  William 
Jackson  and  others,  of  Boston,  in  the  state  of  Massachusetts- 
Bay,  owners  of  sundry  goods  and  merchandize  on  board 
of  her."  The  merits  of  the  case  having  been  set  forth  by 
counsel,  the  judge  decided  that  the  brigantine  and  so  much 
of  her  cargo  as  was  claimed,  should  be  restored  to  the  respec- 
tive claimants,  and  that  the  claimants  should  recover  their  legal 
costs  of  court. 

From  this  sentence,  Wentworth  appealed  to  Congress.  His 
appeal  was  read  on  the  12th  of  September,  and  on  the  30th  of 
the  same  month,  the  Boston  suiFerers  petitioned  Congress  to 


CONFINED   IN   BOSTON   JAIL.  623 

hear  and  determme  the  appeal.  The  subject  was  committed  to 
the  consideration  of  Robert  Treat  Paine,  Samuel  Huntington, 
Tliomas  Stone,  George  "Wythe,  and  Richard  Smith,  with  full 
powers  to  hear  and  determine.  On  the  14th  of  October,  they 
gave  in  their  report  to  Congress,  which  was  agreed  to.  By  it, 
they  declared  that  the  Elizabeth,  "  not  being  an  armed  or  a 
transport  vessel  employed  in  the  present  war  against  the  United 
States,  nor  carrying  provisions,  or  other  necessaries,  to  the 
British  army  or  navy,  within  any  of  the  United  colonies,"  could 
not  be  forfeited.  But  they  further  decided,  that  the  owners  of 
the  brigantine  and  cargo — who,  probably,  "  would  have  lost 
their  whole  property,"  had  not  Manly  and  his  colleagues  inter- 
fered— ought  to  make  a  reasonable  satisfaction  to  the  re-captors. 
On  these  grounds,  the  sentence  of  the  court  was  found  errone- 
ous, and  was  ordered  to  be  "  reversed  and  annulled."  In  place 
of  it,  the  court  maritime  was  directed  to  restore  the  Elizabeth 
and  such  parts  of  her  cargo  as  had  been  previously  claimed,  to 
the  respective  claimants,  upon  their  paying  to  the  United 
States  and  the  re-captors,  one  twelfth  part  of  the  value  claimed. 
As  to  the  rest  of  the  cargo,  it  was  decided  that  it  should  be 
sold,  and  that  the  proceeds,  "  after  deducting  the  like  propor- 
tion and  for  the  same  uses,"  should  be  retained  for  the  persons 
who  should  hereafter  prove  their  right  to  the  same.  Liberty 
was  also  given  to  the  appellants,  to  recover  against  the  claim- 
ants, their  costs  as  well  in  the  court  maritime  as  in  the  prosecu- 
tion of  their  appeal  at  Philadelphia ;  and  in  this  shape  the 
cause  was  sent  back,  that  the  sentence  of  Congress  might  be 
carried  into  execution.  By  a  resolution  which  followed  the 
adoption  of  this  report.  Congress,  as  an  act  of  charity,  released 
that  part  of  the  twelfth,  which,  in  lieu  of  salvage,  had  been 
adjudged  to  the  United  States,  and  restored  it  to  the  owners  of 
tlie  goods  with  which  the  Elizabeth  had  been  freighted.* 

Meantime  Brush  remained  a  close  prisoner  in  the  jail  at 
Boston.  His  habits,  it  is  stated,  were  not  at  this  period  of  the 
most  temperate  nature,  and  there  is  a  tradition  that  he  would 
often  beguile  his  leisure  hours  by  an  undue  indulgence  in 
strong  liquors.  In  the  month  of  January,  177Y,  his  wife  ar- 
rived at  Boston,  and  there  remained  during  the  rest  of  that 

•  MS.  Revolution  Council  Papers,  in  ofBce  Sec.  State  Mass.,  17*75,  1776,  i.  316, 
S41  ;  1776,  ii.  53,  54,  78-95.  American  Archives,  Fourth  Series,  vol.  v.  cols. 
177,  934,  1068,  1294,  1299,  1701  ;  vol.  vi.  col.  681.  Connecticut  Courant,  April 
29th,  1776.     Journals  Am.  Congress,  i.  34^,  471,  502,  507,  .515--5n. 


624  HISTORY    OF   EASTERN    VERMONT. 

year.  By  a  paragrapli  in  the  New  York  Gazette  of  August 
25th,  1777,  chronichiig  the  arrival  in  that  city  of  Michael 
Nailer,  previously  a  prisoner  at  Boston,  it  appears  that  Brush 
had  been  lately  tried  on  three  indictments  found  against  him 
by  the  grand  jury  of  Massachusetts,  on  account  of  his  partici- 
pation in  the  plundering  of  Boston,  and  had  been  "  honorably 
acquitted."  "Whether  this  statement  was  true  or  false,  one 
thing  is  certain,  that  his  acquittal  did  not  procure  his  release. 
This  was  effected  in  a  manner  far  different.  On  Wednesday, 
the  5th  of  November  following,  Mrs.  Brush,  as  was  her  custom, 
visited  her  husband  in  his  cell,  and  remained  with  him  several 
hours.  The  time  for  locking  up  the  prisoners  for  the  night 
having  come,  she  was  requested  to  terminate  her  visit.  As 
the  turnkey  stood  at  the  door,  waiting  for  her  appearance,  a 
tall  figure  in  woman's  garb  passed  out  of  the  cell,  walked  with 
deliberation  to  the  outer  door,  and  disappeared  in  the  dark- 
ness. The  turnkey  threw  the  bolt  forward  to  its  place,  little 
imagining,  as  was  the  case,  that  Mr.  Brush  had  escaped  in  his 
wife's  clothing,  and  reported  all  the  prisoners  secure  for  the 
night.  On  the  next  morning,  when  he  shoved  up  the  slide 
which  closed  the  loophole  through  which  food  was  passed,  no 
response  was  given  to  his  summons,  and  no  hand  appeared  to 
take  the  proffered  breakfast.  Having  called  several  times, 
Mrs.  Brush,  who  was  the  sole  occupant  of  the  cell,  at  length 
replied,  "  I  am  not  Mr.  Brush's  keeper,"  but  refused  to  give 
any  information  concerning  her  husband. 

Immediately  on  escaping,  Mr.  Brush  set  out  for  New  York, 
having  been  furnished  by  his  wife  with  the  means  of  accom- 
plishing the  journey,  and  with  a  horse,  which  he  found  tied  at  a 
place  she  had  designated.  On  Sunday,  the  16th  of  November, 
he  reached  the  place  of  his  destination,  and  the  arrival  of  the 
man  who  for  "  upwards  of  nineteen  months"  had  been  "  a  pri- 
soner in  Boston  Gaol,"  was  duly  noticed  in  the  next  day's  ga- 
zette.* Mr.  Brush  now  directed  his  efforts  to  the  recovery  of 
his  property,  and  especially  of  his  lands  on  the  New  Hamp- 
shire Grants.  Owing  to  his  previous  acts  and  character,  and 
to  the  hatred  towards  Tories,  which  the  condition  of  New  York 
at  that  time  did  not  tend  to  lessen,  he  made  but  little  progress 
in  his  endeavors,  and  became  dispirited.  Nor  did  he  succeed 
any  better  in  an  attempt  which  he  made  to  obtain  from  the 

*  Ne-w  York  Gazette,  Monday,  November  Hth,  1777. 


suicroE.  C25 

commander  of  the  British  forces  in  that  city  redress  for  the 
injuries  he  had  received,  and  compensation  for  the  losses  he 
had  sustained  on  behalf  of  the  King.  Goaded  by  the  scorpion 
whips  of  remorse  ;  too  proud  to  strive  to  redeem  the  errors  of 
his  past  life  by  living  honorably  in  the  future ;  unable  to  en- 
dure, longer, 

"  the  -whips  and  scorns  of  time, 

the  law's  delay, 

The  insolence  of  office  ;" 

making  but  little  account  of  the  dread  responsibility  incurred 
by  him  who  cares  not  that  the  Eveiiasting  has  fixed 

"His  canon  'gainst  self-slaughter;" 

he  chose  to  exchange  the  miseries  of  the  present  for  the  uncer- 
tainties of  eternity,  and  to  rush  uncalled  into  the  presence  of 
his  Maker.  On  a  cold  morning  in  the  following  spring,  he 
stood  alone  in  his  chamber,  the  shadow  of  black  years  behind 
him,  and  the  gloomier  darkness  of  an  impenetrable  future  be- 
fore. There  was  little  in  the  room  to  cheer  a  soul  like  his. 
Tlie  tire  had  died  on  the  hearth,  and  the  white  ashes  and  the 
half-consumed  brand  were  fit  emblems  of  the  seared  heart 
which  was  sepulchred  in  his  bosom.  The  frost  had  gathered 
on  the  soiled  and  weather-stained  windows,  and  the  light  which 
struggled  through  them  seemed  to  have  lost  its  strength  in  the 
eflbrt  and  left  nothing  but  its  dimness  as  the  evidence  of  its 
presence.  Tlie  answer  which  but  a  few  hours  before  the  Bri- 
tish commander  had  made  him,  when  he  spoke  of  his  suffer- 
ings— the  answer,  "  Your  conduct  merited  them,  and  more," 
was  still  sounding  in  his  ears.  A  report,  as  of  fire-arms,  drew 
the  attention  of  curious  people  to  the  building  whence  the 
noise  proceeded.  Mr.  Brush  was  found  upon  the  floor — wel- 
tering in  blood — a  pistol  in  his  hand — a  bullet-hole  in  his  head — 
his  brains  besmearing  the  walls  of  the  apartment — dead.* 

*  A  traditional  account  of  this  occurrence  is,  that  he  cut  his  throat  with  a 
razor  in  a  lawyer's  office  which  he  was  accustomed  to  frequent,  while  the  lawyer 
had  gone  out  to  get  some  fuel  for  the  purpose  of  making  a  fire.  In  a  Boston 
paper  of  that  time  is  recorded  the  following  paragraph,  which  supports  the  stat©* 
meut  of  the  text : — 

"  From  New  York,  we  learn  that  the  notorious  CRE^VN  BRUSH  (who  was 
some  Time  since  released  from  Confinement  in  this  Town)  after  his  Arrival  in  that 

40 


626  HISTOEY   OF   EASTEEN   VEEMONT. 

A  few  months  previous  to  this  occurrence,  his  wife  had  asked 
leave  of  the  Council  of  Massachusetts  to  go  to  Rhode  Island. 
On  the  7th  of  January,  1778,  her  request  was  granted.  Liberty 
was  given  her  to  proceed  to  Providence,  and  thence,  provided 
Major- General  Spencer  "should  indulge  her  with  a  flag,"  to 
Newport.  At  the  same  time  the  commissary  of  prisoners  was 
directed  to  see  that  she  carried  with  her  no  papers  or  letters 
detrimental  to  the  United  States. 

By  the  will  of  Mr.  Brush,  which  was  dated  "  in  Boston 
Gaol,"  the  "  Eighteenth  Day  of  October  in  the  year  of  our 
Lord,  .1777,  and  in  the  eighteenth  year  of  his  Majesty's  Reign," 
his  whole  property,  after  the  payment  of  his  debts,  was  given 
to  his  wife  during  her  widowhood.  Li  case  of  her  re-marriage, 
she  was  to  receive  one-third  of  the  estate,  and  the  remaining 
two-thirds  were  to  be  divided  equally  between  his  daughter, 
Elizabeth  Martha,  and  his  step-daughter,  Frances.  On  the 
death  of  Mrs.  Brush,  her  share  was  to  descend  to  the  first 
named  daughter.  Provision  was  made  for  other  contingencies, 
and  in  the  event  of  the  death  of  his  wife  and  daughters,  his 
whole  estate  was  to  be  divided  between  his  "  sister  Rebecca, 
the  wife  of  the  Reverend  Doctor  Clarke  of  the  county  of  Down 
In  the  Kingdom  of  L-eland,"  and  his  cousins  John  Brush,  mer- 
chant and  planter,  of  the  island  of  Tobago,  and  Richard  Brush, 
merchant,  of  the  island  of  Madeira.  Of  this  will,  his  wife  was 
nominated  executrix,  and  his  friends  Goldsbrow  Banyar,  John 
Church,  and  Simeon  Olcott,  executors.  It  was  proved  before 
Cary  Ludlow,  the  surrogate  of  the  city  and  county  of  New 
York,  on  the  14th  of  April,  1778,  and  at  the  same  time,  Mrs. 
Brush  qualified  as  executrix.  Mr.  Brush  owned,  it  is  supposed, 
about  25,000  acres  of  land  in  the  province  of  New  York  pro- 
per, and  a  little  less  than  that  amount  on  the  New  Hampshire 
Grants,  but  his  heirs  were  able  to  obtain  possession  only  of  a 
very  small  portion  of  this  part  of  his  estate.* 

In  accordance  with  the  advice  of  Ira  Allen,  the  Council  of 
Safety  of  Yermont  appointed  commissioners  of  sequestration 

LoTAL  City,  applied  to  the  Commander  there,  for  a  Cousideration  of  the  Insults 
and,  as  lie  told  the  Story,  the  many  Losses  &c.  he  met  while  here,  when  he  re- 
ceived for  Answer  '  Your  Conduct  merited  them,  and  more,'  which  so  enraged 
him  that  he  retired  to  his  Chamber,  where,  with  a  Pistol,  he  besmeared  the  Room 
with  his  Brains." — .The  Independent  Chronicle  and  Universal  Advertiser,  Thurs- 
day, May  21,  1778. 

*  Will  of  Crean  Brush. 


DISPOSAL   OF   brush's   ESTATE.  627 

on  the  28t]i  of  July,  17TY,  and  gave  them  power  "  to  seize  all 
lands,  tenements,  goods  and  chattels  of  any  person  or  pcreons" 
in  the  state  who  had  "  repaired  to  the  enemy,"  and  to  apply 
the  revenue  arising  from  the  sale  of  the  personal  and  the  leasing 
of  the  real  property,  to  the  maintenance  of  the  state.  Inter- 
preting this  order  with  a  meaning  of  which  it  was  in  no  way 
susceptible,  private  individuals  seized  upon  the  doomed  pro- 
perty, and  appropriated  it  to  their  own  use.  As  an  instance 
of  this  easy  method  of  transfer,  it  wiU  be  sufficient  to  refer  to 
the  conduct  of  Leonard  Spaulding,  of  Dummerston,  who,  on 
the  -ith  of  February,  1778,  by  virtue  of  the  order  of  confisca- 
tion, took  possession  of  '"Timothy  Lovell's  wood-farm"  in 
Rockingham,  the  "  Governor's  meadow "  at  Westminster,  and 
two  lots  and  a  barn  in  the  latter  place,  the  property  of  Crean 
Brush.  On  the  30th  of  March,  1778,  he  also  seized  upon  the 
"Dawes  place"  in  Putney,  which  had  formerly  belonged  to 
Mr.  Brush.* 

Owing  to  the  confusion  incident  to  the  war,  and  to  the  forma- 
tion of  Yermont  as  a  separate  government,  much  of  the  reve- 
nue arising  from  the  estates  of  Tories  found  other  channels  than 
those  which  led  to  the  treasury  of  the  state.  But  with  the  par- 
tial restoration  of  order,  the  abuses  which  had  obtained  in  this 
particular  were  not  unheeded.  By  an  order  of  the  Council, 
dated  June  17th,  1778,  the  estate  of  Crean  Brush  was  taken 
from  the  hands  of  the  commissioners  of  sequestration,  and  was 
given  in  charge  to  ISTathaniel  Robinson  and  others,  with  autho- 
rity to  lease  it,  and  pay  the  proceeds  to  the  state.  By  another 
order,  emanating  from  the  same  authority,  dated  June  18th, 
1778,  Paul  Spooner  was  appointed  a  commissioner  to  receive 
from  "  John  Church,  Esqr.,  of  Charlestown  and  the  widow  Mary 
Bellows  of  "Walpole,"  "  divers  books  and  other  effects,  formerly 
the  property  of  Crean  Brush  and  others,  now  with  the  enemies 
of  the  United  States  of  America,"  and  to  "  make  due  retm*ns 
of  his  doings "  at  the  next  session  of  the  General  Assembly,  to 
be  holden  at  Windsor  on  the  second  Thursday  of  the  following- 
October.  For  the  purpose  of  protecting  the  state  from  the 
influence  of  its  foes,  an  act  was  passed  by  the  General  Assem- 
bly in  February,  1779,  forbidding  the  return  of  all  inimical 
persons,  under  the  penalt}^  of  being  "  whipped  on  the  naked 
back,  not  more  than  forty  nor  less  than  twenty  stripes."     Any 

*  Vt.  Council  Records. 


628  HISTORY   OF   EASTEEN    VERMONT. 

one  wlio  should  continue  in  the  state  a  month,  or  who  should 
again  return  after  a  first  conviction,  was  to  suifer  death,  and 
the  crime  of  harboring  an  enemy  was  made  punishable  by  a 
fine  of  £500.  In  a  list  accompanying  this  act,  containing  the 
names  of  one  hundred  and  twenty-eight  persons,  to  whom  its 
provisions  were  especially  applicable,  the  name  of  Crean  Brush, 
of  "Westminster,  although  he  had  been  dead  already  a  year, 
was  included.* 

It  is  impossible,  at  this  distance  of  time,  to  ascertain  the 
names  of  those  who  became  the  owners,  by  purchase,  seizure, 
or  otherwise,  of  the  property  of  this  unfortunate  loyalist.  The 
following  data  may  not,  however,  prove  uninteresting  to  persons 
residing  in  those  localities  where  the  old  method  of  designating 
lands  is  understood.  Of  the  real  estate  of  Crean  Brush  situated 
in  Westminster,  and  comprising,  among  other  items,  five  thou- 
sand or  six  thousand  acres  of  land,  Stephen  E.  Bradley  pur- 
chased of  Thomas  Chandler,  commissioner,  house  lot  number 
58,  on  the  10th  of  September,  1779.  The  General  Assembly 
quit-claimed  to  William  Crook,  by  a  resolution  dated  October 
22d,  1779,  "  all  right  and  title  to  a  certain  mill  place,"  com- 
prising about  two  acres  in  lot  number  8  of  the  fifth  range. 
William  Hyde  bought,  on  the  20th  of  June,  1780,  lot  number 
6  in  the  fifth  range  of  one  hundred  acre  lots.  Lot  number  2  in 
the  fourth  range,  containing  one  hundred  acres,  was  purchased 
by  I^athan  Fisk  on  the  24:th  of  June,  1780.  William  Crook 
bought  of  Thomas  Chandler,  on  the  3d  of  October,  1780,  lots 
immbers  9  and  10  in  the  third  range  of  eighty  acre  lots.  The 
library  and  furniture  of  Mr.  Brush  were  scattered  among  the 
households  of  the  neighborhood  in  which  he  resided.  Books, 
bearing  on  their  fly  leaves  his  name,  in  the  round,  full  auto- 
graph, which  he  had  acquired  while  serving  in  the  ofiice  of  the 
deputy  secretary  of  the  province  of  New  York,  are  still  to  be 
found  in  some  of  the  houses  which  border  the  Connecticut,  and 
the  old  clock,  whose  strokes  fell  on  the  ear  of  the  jovial  Tory, 
at  midnight  oftener  than  at  morning,  is  still  preserved,  and  con- 
tinues to  mark  with  accuracy  the  fleeting  hours,  as  it  has  done 
for  the  last  hundred  years.f 

After  her  second  bereavement,  it  is  not  known  how  long 
Mrs.  Brush  remained  a  widow.     In  1783  she  was  the  wife  of 

*  Vermont  Council  Records.  Vt.  Laws,  February,  1779,  p.  72.  Slade's  Vt. 
State  Papers,  pp.  355,  356. 

■j-  Various  MS.  Memoranda  in  office  Sec.  State  N,  Y. 


MES.    BRUSH.  629 

Patrick  "Wall,*  and,  with  her  husband,  resided  in  Isew  York 
city.  They  afterwards  removed  to  Westminster,  at  which 
place  she  s]3ent  the  remainder  of  her  life.  In  the  will  of  Crean 
Brush,  his  step-daughter,  Frjinces,  is  referred  to  as  the  wife  of 
Caj^taiu  Buchanan.  On  the  marriage  of  her  mother  with  Pa- 
trick Wall,  one-third  of  the  estate  of  her  step-father  came  into 
her  possession,  by  vii'tue  of  the  will,  whose  main  provisions 
have  been  already  cited.  When  Mrs.  Wall  came  to  reside  at 
"W  estniiuster,  Mrs.  Buchanan,  then  a  widow,  accompanied  her. 
She  was  a  dashing  woman,  and  early  attracted  the  attention  of 
the  quiet  town's-people,  to  whom  a  bearing  as  imperious  as  that 
which  she  exhibited  M'as  wholly  new.  During  some  one  of  his 
frequent  visits  to  Westminster,  Gen.  Ethan  Allen,  at  that  time  a 
widower,  formed  an  acquaintance  with  Mrs.  Buchanan,  which 
subsequently  ripened  into  a  warm,  but,  for  a  time,  singularly  inter- 

*  Though  a  tailor  by  occupation,  Patrick  Wall  was  a  man  of  education,  kind 
in  disposition,  courteous  in  manners,  and,  as  John  Kelly  declared  of  him,  one  who 
knew  "  a  good  deal  of  the  world."  He  was  an  Irishman  by  birth,  but  at  the  time 
of  the  revolution,  was  practising  his  craft  in  Boston.  His  situation  during  a  por" 
tion  of  that  period  may  be  inferred  from  the  annexed  petition : — 

"  To  the  Honorable  the  Council  of  the  State  of  Massachusetts  Bay. 

"  The  Petition  of  Patrick  Wall  of  Boston,  Taylor,  Humbly  sheweth — 

"  That  your  Petitioner  is  in  very  great  distress,  as  he  cannot  find  business  suf- 
ficient to  support  himself  and  family,  and  having  already  exhausted  his  whole 
substance  for  his  subsistence  hitherto,  hath  the  melancholy  prospect  of  an  ap- 
proaching winter,  wherein  he  must  inevitably  suffer  the  utmost  hardships  from 
his  incapacity  to  procure  the  common  necessaries  of  life. 

"  That  your  Petitioner  in  addition  to  the  calamities  which  threaten  him  with 
extreme  poverty  and  distress,  hath  many  months  been  afflicted  with  violent  pains 
in  his  limbs  and  for  want  of  proper  exercise  finds  himself  falling  into  a  dropsical 
habit  of  body. 

"  That  in  order  to  avoid  the  gloomy  prospect  with  which  he  is  surrounded, 
your  petitioner,  as  the  only  means  which  promises  relief,  is  willing  and  desirous 
of  taking  a  passage  for  Ifew  York,  being  advised  that  the  voyage  thither  would 
tend  towards  his  finding  means  of  getting  a  passage  home  to  his  native  country, 
and  laj-ing  his  bones  amongst  those  of  his  fathers. 

"  Your  Petitioner  therefore  humbly  prays  that  your  Honours  in  tender  con 
sideration  of  the  premises,  may  be  favourably  pleased  to  pass  an  order  permitting 
your  Petitioner  to  depart  with  his  family  for  New  York  in  the  next  cartel  bound 
to  that  place. 

'  Boston,  29  Sept'r,  1777." 

His  request  was  granted  by  an  order  of  the  Council,  and  the  conamissary  of 
prisoners  was  directed  to  examine  all  the  letters,  papers,  etc.,  which  he  and  his 
family  might  desire  to  take  with  them.  Subsequent  events  proved  that  he  did 
not  long  entertain  the  idea  of  "  laying  his  bones  amongst  those  of  his  fathers." 
After  his  marriage  with  the  widow  Briish,  his  worldly  prospects  assumed  a  more 
cheerful  aspect.  At  her  death,  he  married  Elizabeth  Erwin,  of  Westminster,  on 
the  7th  of  January,  1812. 


630  mSTOEY   OF   EASTERN   VERMONT. 

mittent  friendsliip.  Pleased  with  the  originality  of  his  views  and 
conversation ;  flattered  at  her  own  ability  to  arrest  the  attention 
of  a  man  whom  all  feared,  but  whom  few  loved ;  and  imagining 
that  she  should  find  more  sympathy  in  the  companionship  of 
his  strong,  active  nature,  than  in  the  society  of  those  by  whom 
ehe  was  surrounded,  Mrs.  Buchanan  found  herself,  on  some 
occasions,  irresistibly  attracted  towards  him.  At  other  times, 
his  rough  manners  would  render  him  equally  repulsive  to  her. 
Aware  of  the  feelings  with  which  she  regarded  the  Gene- 
ral, and  hoping  to  induce  her  to  effect  an  alhance  with  a 
man  whose  boundless  ambition  was  at  all  times  apparent,  save 
when  overshadowed  by  passions  as  violent  as  they  were  unre- 
buked,  John  ISTorton,  the  tavern  keeper  at  "Westminster,  and  a 
man  of  considerable  note,  said  to  her  one  day,  in  a  familiar 
manner,  "  Fanny,  if  you  marry  General  Allen,  you  will  be  the 
queen  of  a  new  state  ! "  "  Yes,"  she  replied,  turning  upon  him 
a  look  which  accorded  well  with  her  words,  "  if  I  should  marry 
tlie  devil,  I  would  be  the  queen  of  heU  ! " 

The  character  of  Mrs.  Buchanan  must  not,  however,  be  judged 
by  an  expression  extorted  in  a  moment  of  passion.  By  one  who 
knew  her  well,  she  is  said  to  have  been  a  fascinating  woman ; 
endowed  with  an  ease  of  manner,  which  she  had  acquired  from 
intercourse  with  the  polite  society  of  that  day,  in  which  she  had 
been  brought  up ;  possessed  of  a  refined  taste  and  many  accom- 
plishments ;  and,  on  most  occasions,  soft  and  gentle  in  her  ways 
and  speech.  The  aversion  with  which  she  occasionally  regard- 
ed General  Allen,  disappeared,  at  length,  in  the  stronger  admir- 
ation which  she  entertained  for  him,  and  she  consented  to 
become  his  wife.  The  circumstances  attendant  upon  their 
marriage,  which  occurred  previous  to  the  year  1T84,  were  novel, 
and  fully  characteristic  of  the  man  who  cared  but  little  either 
for  "  forms  of  government "  or  for  the  social  customs  of  life. 

Soon  after  the  removal  of  General  Stephen  R.  Bradley  to 
"Westminster,  he  erected  a  convenient  dwelling  for  himself  and 
family  on  the  flat,  north  of  the  spot  where  the  old  Court-house 
formerly  stood.  During  the  sessions  of  the  Supreme  court,  the 
judges  usually  boarded  with  him.  At  this  period,  Mrs.  Wall 
and  her  daughter  Mrs.  Buchanan,  occupied  rooms  in  the  house, 
and  General  Allen  was  a  frequent  visitor.  One  morning,  while 
General  Bradley  and  the  judges  were  at  breakfast.  General 
Allen,  with  his  sleigh,  horses,  and  driver,  appeared  at  the  gate,  • 
and,  on  coming  into  the  room,  was  invited  to  partake.     He  an- 


MABKIAGE   OF   ETHAN   ALLEN.  631 

swered,  that  he  had  breakfasted  at  JSTorton's,  and  would,  while 
they  were  engaged,  step  into  Mrs.  Wall's  apartments  and  see 
the  ladies.  Entering  without  ceremony,  he  found  Mrs.  Bucha- 
nan in  a  morning-gown,  standing  on  a  chair,  and  arranging  some 
articles  on  the  upper  shelves  of  a  china  closet.  After  recogniz- 
ing her  informal  visitor,  Mrs.  Buchanan  raised  up  a  cracked 
decanter,  and  calling  General  Allen's  attention  to  it,  accompa- 
nied the  exhibition  with  a  playful  remark.  The  General  laughed 
at  the  sally,  and  after  some  little  chat,  said  to  her,  "  If  we  are 
to  be  married,  now  is  the  time,  for  I  am  on  my  way  to  Arling- 
ton." "  Yery  well,"  she  replied,  descending  from  the  chair, 
"  but  give  me  time  to  put  on  my  Joseph." 

Meanwhile,  the  judges  and  their  host,  having  finished  their 
breakfast,  were  smoking  their  long  pipes.  While  thus  engaged 
the  couple  came  in,  and  General  Allen,  walking  up  to  his  old 
friend  Chief  Justice  Moses  Robinson,  addressed  him  as  follows  :— 
"  Judge  Eobinson,  this  young  woman  and  myself  have  concluded 
to  marry  each  other,  and  to  have  you  perform  the  ceremony." 
"When?"  said  the  Judge,  somewhat  surprised.  "Now!"  re- 
plied AUen.  "  For  myself,"  he  continued,  "  I  have  no  great 
opinion  of  such  formality,  and  from  what  I  can  discover,  she 
thinks  as  little  of  it  as  I  do.  But  as  a  decent  respect  for  the 
opinions  of  mankind  seems  to  require  it,  you  will  proceed." 
"  General,"  said  the  Judge,  "  this  is  an  important  matter,  and 
have  you  given  it  a  serious  consideration  ?"  "  Certainly,"  re- 
plied Allen,  "  but,"  glancing  at  Mrs.  Buchanan,  "  I  do  not 
think  it  requires  much  consideration."  The  ceremony  then  pro- 
ceeded, until  the  Judge  inquired  of  Ethan  whether  he  promised 
to  live  with  Frances  "  agreeable  to  the  law  of  God."  "  Stop  ! 
stop !"  cried  Allen  at  this  point.  Then  pausing,  and  looking 
out  of  the  window,  the  pantheist  exclaimed,  "  The  law  of  God 
as  written  in  the  great  book  of  Nature  ?  Yes !  Go  on !"  The 
Judge  continued,  and  when  he  had  finished,  the  trunk  and  guitar- 
case  of  Mrs.  Allen  were  placed  in  the  sleigh,  the  parties  took 
their  leave  and  were  at  once  driven  off  to  the  General's  home. 
Thus  did  the  step-daughter  of  Crean  Brush  become  the  wife  of 
the  man  for  whose  apprehension  Governor  Tryon,  at  the  insti- 
gation of  Brush,  had  on  the  9th  of  March,  1774,  offered  a  reward 
of  £100.  Tlie  children  by  this  marriage  were  Frances,  Hanni- 
bal, and  Ethan.  General  Allen  died  on  the  12th  of  February 
1789,  and  his  widow  subsequently  became  the  wife  of  Dr. 
Jabez  Penniman  of  Burlington. 


632  msToiiY  OF  eastern  vekmont. 

Elizabeth  Martlia,  tlie  only  cliild  of  Crean  Brush,  was  about 
nineteen  years  old  at  the  time  of  her  father's  death.  At  the  age 
of  twenty-two,  she  married  Thomas  ITorman  of  Drogheda,  Ire- 
land, by  whom  she  had  four  children,  Henry  M.,  Eliza,  John 
E.,  and  Forbes.  By  the  will  of  her  father  she  was  heir  to  one- 
third  part  of  his  estate.  Having  purchased  of  Mrs.  Penniman  and 
of  Mrs.  Wall  their  respective  thirds,  and  taken  from  them  quit- 
claim deeds  duly  executed  and  acknowledged,  she  became  enti- 
tled to  the  whole  property.  In  tlie  year  1795  her  husband,  who 
resided  with  her  in  Ireland,  constituted  her  his  attorney,  and 
with  this  power  she  soon  after  came  to  America,  and  immedi- 
ately took  measures  to  recover  the  property  to  which  she  had 
become  entitled.  At  "Westminster,  where  she  had  fixed  her 
abode,  she  was  afterwards  joined  by  her  husband,  and  at  that 
place  they  lived  until  the  time  of  their  removal  to  Caldwell,  at 
the  south  end  of  Lake  George,  where  Mr.  Norman  died  in  the 
year  1814.  Mrs.  Norman  was  a  lady  of  fine  manners,  dignified 
deportment,  and  was,  in  every  respect,  an  ornament  to  her  sex. 
She  enjoyed  in  early  life  the  advantages  of  a  good  education, 
and  never  failed  to  receive  that  regard  and  attention  to  which 
her  merits  entitled  her. 

To  what  extent  she  succeeded  in  obtaining  possession  of  the 
estate  left  by  her  father,  is  not  known.  In  addition  to  the  lands 
which  he  had  held  in  New  York  and  Vermont,  he  had  owned 
also  farms  in  Walpole,  Westmoreland,  Hinsdale,  and  Winches- 
ter ;  but  according  to  John  Kelly,  Mrs.  Norman's  lawyer,  she 
was  prevented  by  "  the  manoeuvres  of  the  Burt  family  of  Wal- 
pole "  from  obtaining  full  possession  of  her  landed  property  in 
these  New  Hampshire  towns.  By  a  letter  from  Mr.  Kelly  to 
Mrs.  Norman,  dated  the  9th  of  June,  1T95,  it  appears  that  all 
the  lands  which  Mr.  Brush  had  held  in  Vermont,  under  the 
New  York  title,  were  at  that  time  deemed,  as  they  afterwards 
proved  to  be,  "irrecoverably  lost."  Mr.  Kelly  also  stated  that, 
in  many  instances,  the  citizens  of  Yermont  had  possessed  them- 
selves of  Mr.  Brush's  lands  during  the  war,  and  had  since  "  held 
them  by  main  force  and  strength ;"  that  some  of  his  farms  in 
that  state  had  been  sold  as  confiscated  ;  but  that  "  the  resolution 
of  the  Governor  and  Council  of  Yermont,  under  which  they 
were  so  sold,"  did  not  pass  until  two  years  after  Mr.  Brush's 
death.  Referring  in  another  place  to  this  resolution,  he  con- 
demned it  in  the  plainest  terms,  declaring  "  the  attempt  to  con- 
fiscate a  dead  man's  estate"  as  an  act  "  superlatively  wicked." 


THOMAS   CHANDLER.  633 

It  is  believed  that  Mr.  Brush's  property,  situated  in  the  state 
of  New  York  proper,  was  never  confiscated.  Even  if  this  M'cre 
so,  it  does  not  appear  that  Mrs.  Norman  ever  realized  h«r  ex- 
pectations in  the  estate  of  her  father.  When  on  the  23d  of 
April,  1799,  the  sum  of  $30,000  which  Vermont  had  paid  to 
New  York,  was  divided  among  the  claimants  who  had  held 
lands  on  the  "  Grants,"  under  charters  from  the  latter  state, 
Mrs.  Norman  made  application  for  her  portion,  but  obtained 
$713.60  only,  a  sum  which  bore  no  proportion  to  the  real  value 
of  the  possessions  of  her  father  in  Vermont.  The  portrait  of 
Crean  Brush,  from  which  the  engraving  given  at  the  beginning 
of  this  sketch  is  taken,  has  for  many  years  been  preserved  in 
the  family  of  Mr.  Henry  M.  Norman,  who  resides  at  Caldwell, 
and  of  whom  several  of  the  facts  relative  to  his  grandfather, 
previously  mentioned,  have  been  obtained.* 


THOMAS   GHANDLEE. 

Among  those  who 
bore  an  active  part 
as  pioneers  in  the 
early  settlement  of 
Vermont,  but  few 
endured  as  many 
hardships,  and  overcame  as  many  of  the  difiiculties  of  the  wil- 
derness, as  Thomas  Chandler.  He  was  the  son  of  John  Chan- 
dler ;  was  born  at  Woodstock,  Connecticut,  on  the  23d  of  July, 
1709  ;  and  was  married  to  Elizabeth  Eliot,  on  the  23d  of  No- 
vember, 1732.  At  the  close  of  the  French  war,  when  many 
of  the  inhabitants  of  Massachusetts  and  Connecticut  were  turn- 
ing their  attention  to  the  rich  lands  lying  between  Lake  Cham- 
plain  and  New  Hampshire,  Mr.  Chandler  did  not  remain  unob- 
servant. It  is  probable  that  he  resided,  during  a  portion  of  the 
time  between  the  years  1761  and  1763,  at  Walpole,  New  Hamp- 
shire, for  his  name  is  found  recorded  at  that  period,  as  a  select- 
man of  that  town.  In  the  year  1763,  he  removed  to  New  Flam- 
stead,  the  name  by  which   Chester  was  then  known,  being 

*  Letter  from  Hon.  W.  C.  Bradley,  dated  February  27th,  1857.     Letters  from 
John  Kelly  to  Mrs.  Norman.     Doc.  Ilist.  N.  Y.,  iv.  1024,  1025. 


634  HISTORY   OF   EASTERN   VERMONT. 

accompanied  by  his  two  sons  John,  and  Thomas,  Jr.*  At  a 
meeting  of  the  proprietors  of  the  town,  held  at  Worcester,  Mas- 
sachusetts, on  the  8th  of  March,  in  the  year  last  mentioned,  Mr. 
Chandler  was  chosen  moderator.  At  "  a  meeting  warned  to 
he  held  at  the  dwelling  house  of  William  Warner,"  in  New 
Flamstead,  on  the  12th  of  March,  1765,  he  was  again  chosen 
moderator.  Tliis  was  the  last  meeting  held  under  the  New 
Hampshire  charter.  For  the  better  protection  of  the  domains 
west  of  Connecticut  river,  which  had  lately  been  declared 
within  the  province  of  New  York,  the  limits  of  Albany  county 
were  so  extended  as  to  include  them  ;  additional  justices  of  the 
peace  for  this  wide-spread  bailiwick  were  appointed ;  and,  on 
the  20th  of  January,  1766,  Mr.  Chandler  received  a  dedimus 
jyotestatem  commission,  empowering  him  to  administer  oaths 
of  office.  It  is  probable  that  he  was,  at  the  same  time,  made 
a  justice  of  the  peace  and  of  the  quorum,  for  at  a  meeting  held 
at  Springfield  on  the  27th  of  February,  1766,  he  and  others 
were  present  in  that  capacity,  to  appoint  constables  for  a  num- 
ber of  the  then  sparsely  settled  towns  in  that  region.  It  appears 
that  there  was  a  military  organization  on  the  "  Grants "  at  this 
period,  for  on  the  latter  occasion,  Simon  Steven^  received  the 
commission  of  a  captain  in  the  "  eighth  company  of  foot  in  the  re- 
giment of  militia  for  which  Thomas  Chandler  Esquire  is  Colonel." 
On  tlie  16th  of  July,  1766,  Mr.  Chandler  was  appointed  first 
judge  of  the  Inferior  court  of  Common  Pleas  of  Cumberland 
county,  a  justice  of  the  peace,  and  surrogate  of  the  county. 
He  also  received  a  dedimus  j[)otestatein  commission  on  the  day 
following.  For  the  purpose  of  securing  the  title  of  the  lands  in 
the  town  of  his  residence,  he  obtained  a  charter  from  New 
York  for  himself  and  thirty-six  others,  in  which  the  name  Ches- 
ter was  substituted  for  New  Flamstead.  The  patent  of  the 
county  was  issued  on  the  3d  of  July,  1766.  Tlie  charter  of 
Chester  was  granted  on  the  14th  of  July,  1766.  Mr.  Chandler 
received  his  appointments  a  few  days  later.  The  first  town 
meeting  under  the  new  charter  was  held  on  the  fii'st  Monday 
in  June,  1767.  Though  the  officers  were  regularly  chosen  on 
this  occasion,  and  on  other  similar  occasions  for  a  number  of 
years  following,  yet  their  names  were  not  recorded  until  the 

*  The  Chandler  family  were  settled  in  Chester  previous  to  the  26th  of  Decem- 
ber, 1763,  for  on  that  day  Thomas  Chester  Cliaiidler,  a  grand-son  of  Thomas 
Chhndler,  was  born  in  that  town.  The  birth  of  this  child  was  the  fii'st  tliat  took 
place  in  Chester. 


HIS  OPINIONS.  635 

19tli  of  May,  1772,  when,  at  a  meeting  held  in  the  Court  house, 
Colonel  Chandler  was  chosen  moderator,  supervisor,  and  town 
clerk.  The  latter  office  he  continued  to  hold  until  the  3d  of 
March,  1777.  "Wlien  the  county  was  re-organized  by  a  direct 
act  of  the  Crown,  in  1768,  he  was  again  chosen  on  the  7th  of 
April,  in  that  year,  to  all  the  positions  he  had  held  under  the 
old  regime.  Four  years  later,  on  the  14th  of  April,  1772,  he 
was  re-appointed  to  all  the  offices  he  had  before  filled,  with  the 
exception  of  the  surrogateship,  and  the  office  created  by  the 
writ  oi  dediraus  potestatem,  as  before  explained. 

Of  the  actual  opinions  entertained  by  Colonel  Chandler  at 
the  time  of  the  "  "Westminster  Massacre,"  it  is  difficult  to  form 
a  correct  estimate.  He  had  acted  as  moderator  at  many  of  the 
town  meetings  which  had  been  held  in  Chester,  during  the  six 
months  previous  to  this  occurrence,  and  when  the  conduct  of 
Great  Britain  in  oppressing  her  colonies  was  under  discussion, 
and  when  the  people  resolved  to  "joyn  with  their  Fellow 
American  Subjects  in  opposing  in  all  Lawfull  ways,  every  in- 
croachment  on  their  Natural  Eights,"  had  shown  no  opjDOsition 
to  the  measure.  He  also  declared  publicly,  a  few  days  before 
the  affray,  that  he  believed  "  it  would  be  for  the  good  of  the 
county  not  to  have  any  court  as  things  were,"  and  evinced  a 
conciliatoiy  spirit  towards  those  who  favored  violent  and  deci- 
sive measures.  After  he  had  consulted  v/ith  his  associate, 
Judge  Sabin,  a  man  who  deemed  it  his  duty  to  uphold  the 
laws,  let  the  cost  be  what  it  might,  it  is  probable  that  his  views 
were  changed ;  for,  when  asked  a  few  hours  previous  to  the 
commencement  of  the  fight,  whether  he  and  Sabin  would  con- 
sult with  the  "Whigs  as  to  the  expediency  of  holding  the  session, 
he  replied  that  the  judges  were  willing  to  give  redress  in  a  legal 
manner,  but  could  enter  into  no  discussion  as  to  "  whether  his 
Majesty's  business  should  be  done  or  not."  Sabine,  in  "The 
American  Loyalists,"  referring  to  Judge  Chandler's  behavior 
on  this  occasion,  remarks : — "  He  appears  to  have  conducted 
with  prudence,  and  to  have  used  his  exertions  to  prevent  the 
melancholy  consequences  which  resulted  from  the  unwise  pro- 
ceedings of  other  adherents  of  the  Crown."  Although  he  was 
afterwards  imprisoned  in  the  Court-house,  yet  his  confinement 
did  not  last  but  two  or  three  days,  and  it  does  not  appear  that 
he  was  ever  tried,  although  he  gave  bonds  at  the  time  of  his 
release  to  appear  and  take  his  trial  at  such  time  as  should  be 
appointed. 


636  HISTOEY   OF   EASTERN   YEKMONT. 

Other  Yiews  have,  liowever,  been  entertained  respecting 
Chandler's  real  intentions.  It  was  the  remark  of  an  old  man, 
who  in  his  boyhood  had  often  seen  him,  that  "  he  was  not 
deemed  a  right  honest  man,  and  was  supposed  by  many  to  haYe 
forwarded  the  scrape."  In  that  highly  entertaining  and  instruc- 
tiYC  noY-el,  called  "  The  Rangers ;  or  the  Tory's  Danghter,"  the 
Hon.  Daniel  P.  Tliompson  has  also  painted  the  sycophancy  of 
Colonel  Chandler,  in  colors  which  do  not  increase  the  brilliancy 
of  his  reputation.  The  most  plausible  account  which  can  be 
giYcn  of  his  conduct,  as  derived  from  a  thorough  examination 
of  the  facts,  appears  to  be  this.  He  was  a  man  who,  although 
attached  to  the  Crown  from  which  he  derived  his  authority, 
was  unwilling  that  the  people,  whose  welfare  he  desired  espe- 
cially to  consult,  should  suffer.  He  wished,  as  a  loyal  officer, 
that  the  court  should  convene ;  was  willing  in  his  judicial  capa- 
city to  listen  to  the  demands  of  the  people ;  and  announced 
himself  ready  to  assist  in  removing  the  grievances  of  which 
they  complained.  Being  withheld  by  Judge  Sabin — whose 
fidelity  to  the  King  was  greater  than  his  love  for  the  people — 
from  the  course  of  action  to  which  views  like  these  would  have 
prompted  him,  he  determined  to  remain  with  liis  associate,  and 
bear  the  indignation  of  the  po]Dulace.  This  he  did,  there  is 
hardly  room  to  doubt,  with  all  the  dignity  becoming  his  sta- 
tion. He  suffered  confinement  with  his  friends,  and  after  his 
release,  when  popular  clamor  had  in  a  measure  subsided,  and 
an  opportunity  had  been  given  him  for  reflection,  decided  in 
favor  of  those  who  had  determined  to  cut  loose  from  Great 
Britain,  and  ever  after  was  a  zealous  supporter  of  the  American 
cause.  He  was  often  exposed  to  the  opprobrious  remarks  of 
those  who  remembered  him  as  associated  with  the  Court  part}' 
during  the  struggle  of  the  13th  of  March,  and  his  connection 
witli  that  side  was  not  unfrequently  cited  as  a  reason  why  he 
could  not  be  a  hearty  upholder  of  democratic  or  republican 
principles.  Yet,  in  the  face  of  prejudice  so  bitter,  and  calumny 
so  offensive,  Colonel  Chandler,  firmly  attached  to  the  cause  he 
had  espoused,  toiled,  for  a  time  at  least,  earnestly  and  faith- 
fully in  its  behalf. 

Owing  to  causes  which  cannot  now  be  ascertained,  he  became 
impoverished  in  his  old  age,  and  contnnied  so  until  his  death. 
At  the  session  of  the  Legislature,  held  in  October,  1784,  he  pre- 
sented a  petition  to  the  General  Assembly,  in  which  he  ex- 
pressed his  willingness  to  deliver  up  the  whole  of  his  estate  to 


DEATH   IN   PRISON.  637 

his  creditors,  in  good  faith,  in  order  to  satisfy  the  executions 
which  had  been  issued  against  him,  and  prayed,  in  view  of  his 
"  advanced  age  and  infirmities,"  for  the  passage  of  an  act  by 
which  his  creditors  might  be  enabled  to  divide  his  property 
among  them,  and  he  be  relieved  "  from  the  fears  of  going  into 
a  lonesome  prison."  In  answer  to  this  request,  he  was  ordered 
to  cite  his  creditors,  and  require  them  to  show  cause  why  the 
petition  should  not  be  granted.  His  pecuniary  embarrassments, 
"  brought  about"  as  Mr.  Tliompson  declares,  "  by  a  long  course 
of  secret  fraud  in  selling  wild  lands  to  which  he  had  no  titles," 
placed  him  finally  entirely  at  the  mercy  of  his  creditors,  who 
threw  him  into  jail  at  Westminster.  By  a  statute  law  of  the 
state,  a  creditor  was  at  this  period  bound  to  provide  for  the  sup- 
port of  an  insolvent  debtor,  whom  he  had  imprisoned  for  debt, 
in  case  the  debtor  should  make  oath  to  his  utter  inability  to  dis- 
charge such  debt.  Maintained  by  his  creditors.  Chandler  con- 
tinued in  prison  during  a  portion  of  the  spring  and  summer  of 
1785.  In  the  month  of  June,  of  that  year,  the  General  Assem- 
bly re-considered  the  petition  which  he  had  presented  at  the 
last  session,  and  passed  an  act  "  to  enable  Tliomas  Chandler  of 
Chester,  in  the  county  of  "Windsor,  Esqr.,  who  now  stands  com- 
mitted a  prisoner  in  the  common  gaol  at  Westminster,  in  the 
county  of  Windham,  to  deliver  up  all  his  estate,  real  and  per- 
sonal, to  his  creditors,  Ixma  fide,  and  to  discharge  the  said 
Tliomas  from  his  imprisonment." 

The  terms  on  which  his  release  was  to  be  efi'ected  were 
peculiarly  stringent,  but  Providence  had  determined  to  relieve 
him,  not  only  from  the  miseries  of  a  jail  but  from  the  vexations 
of  his  fleshly  prison.  Tlie  act  was  passed  on  the  16th  of  June, 
1785.  On  the  20th  of  the  same  month  he  died  in  the  jail  at 
Westminster.  Owing  to  a  foolish  and  unnatural  belief  which 
then  prevailed  concerning  the  inhumation  of  the  body  of  an 
imprisoned  debtoi',  the  remains  of  Judge  Chandler  were  buried 
privately,  and  without  the  ceremony  of  a  funeral.  In  one  cor- 
ner of  the  "  old  Westminster  churchyard,"  next  to  the  high- 
way, was  to  be  seen  until  within  a  few  years,  the  stump  of  a 
tree  which  marked  the  locality  of  his  strangely  constructed 
grave.  Wliatever  his  faults  may  have  been,  he  deserves  to  be 
remembered  as  one  of  the  earliest  and  most  influential  of  the 
settlers  of  Eastern  Vermont.* 

*  Commissions.  Deming's  Catalogue,  passim.  MS.  Letters.  Thompson's  Vt., 
Part  III.  p.  53.     The  Rangers;  or  the  Tory's  Daughter,  i.  99.     Journals  Gen.  Ass. 


638  HISTOEY    OF   EASTERN   VERMONT. 


JOHN   CHANDLER. 

John,  the  first  son  of  Thomas  Chandler,  was  born  at  Wood- 
stock, Connecticut,  on  the  4th  of  March,  lY3f,  O.S.  (March 
15th,  173Y,  N.S.),  and  was  married  to  Elizabeth  Painter  on  the 
4:th  of  May,  1758.  He  removed  with  his  father  to  Chester  in 
the  year  1763,  and  aided  in  the  early  establishment  of  that 
town.  Under  a  commission  from  ]N"ew  York,  he  was  author- 
ized to  administer  the  necessary  oaths  to  all  persons  who 
should  receive  ofiice  in  Cumberland  county.  This  post  he  held 
from  July  17th,  1766,  to  April  14th,  1772.  During  the  same 
period  he  served  as  an  assistant  justice  of  the  Inferior  court  of 
Common  Pleas  and  as  a  justice  of  the  peace.  He  also  held  the 
office  of  county  clerk  from  July  16th,  1766,  to  February  25th, 
1772,  when  he  was  removed  for  misconduct.  Of  his  future 
career  very  little  is  known.* 


THOMAS   CHANDLER   JH. 


//t^s^'TO'i^^^  ~(p-4^a^^^ti^^^^ 


THE  second  son 
of  Tliomas  Chan- 
dler, and  who 
bore  the  name  of 
his  father,  was 
born  on  the  23d 
of  September,  1740,  O.S.,  and  was  married  to  Sarah  Lord  on 
the  21st  of  July,  1763.  At  an  adjourned  meeting  of  the  pro- 
prietors of  Kew  Plamstead,  afterwards  Chester,  held  at  Wor- 
cester, Massachusetts,  on  the  22d  of  March,  1763,  Thomas 
Chandler  Jr.  was  chosen  town-clerk.  On  the  8th  of  March, 
1764,  he  was  re-elected,  and  when  on  the  12th  of  March,  1765, 

Yt.,  Oct.,  1784,  p.  15  ;  June,  1*785,  pp.  17,  40,  43.  Slade's  Vt.  State  Papers,  p, 
497. 

An  account  of  the  peculiar  circumstances  under,  and  the  manner  in  which  the 
burial  of  Judge  Chandler  took  place,  is  given  ante,  pp.  583,  584. 

*  Council  Minutes  in  office  Sec.  State  N.  Y.,  1765-1783,  xxvi.  228. 


THOMAS   CHANDLEK   JE. 

the  proprietors  assembled  for  tusiness,  at  the  dwelling-house 
of  William  Warner  in  New  Flamstead,  he  was  continued  in 
the  same  office  for  another  year.  lie  was  again  elected  town- 
clerk  at  the  March  meeting  in  1777,  and  served  in  that  capa- 
city during  the  two  years  succeeding.  From  July  16th,  1766, 
until  March  13th,  1775,  the  date  of  the  "  Westminster  Massa- 
cre," he  was  an  assistant  justice  of  the  Inferior  court  of  Com- 
mon Pleas  for  Cumberland  county  and  a  justice  of  the  peace. 
Both  before  and  after  the  event  alluded  to,  he  endeavored  to 
allay  the  discontent  of  the  people  of  the  county,  both  by  argu- 
ment and  persuasion,  but  failed  to  accomplish  that  end. 

At  the  first  session  of  the  General  Assembly  of  Vermont,  in 
March,  1778,  he  was  chosen  secretary  of  state,  and  held  that 
office  until  the  following  October.  At  the  same  time  he  re- 
ceived the  appointment  of  clerk  of  the  House.  Li  October, 
1778,  he  was  made  speaker,  and  served  in  that  capacity  until 
the  middle  of  the  session  of  1780.  During  the  years  1779  and 
1780,  he  was  a  member  of  the  Coimcil ;  from  1778  to  1781, 
and  in  1787,  represented  the  town  of  Chester  in  the  General 
Assembly ;  and  in  the  year  1779  was  a  judge  of  the  Superior 
court.  When  the  estates  of  the  Tories  who  had  left  Y,ermont 
were  declared  confiscated,  he  was  chosen  a  commissioner  of 
sequestration.  Although  disliked  by  many  on  account  of  a 
prejudice  founded  upon  his  former  connection  with  the  colonial 
government  of  New  York,  and  charged  with  conduct  which 
subjected  him  to  the  loss  of  his  place  as  speaker  of  the  House 
in  1780,  yet  his  efforts  in  the  town  of  Chester  were  always 
exerted  in  behalf  of  the  American  cause,  and  his  patriotism 
was  undoubted. 

Having  been  reduced  to  poverty  "  by  a  long  series  of  sick- 
ness in  his  family,"  he  presented  a  petition  to  the  Legislature 
of  Vermont,  dated  October  15tli,  1792,  asking  for  an  act  of 
insolvency  in  his  behalf.  While  the  New  Hampshire  Grants 
were  subject  to  the  jurisdiction  of  'Ne^y  York,  his  position  in  the 
local  government  was  high,  and  his  influence,  although  circum- 
scribed, was  acknowledged.  But  under  the  regime  maugurated 
by  the  establishment  of  Vermont  as  an  independent  state, 
he  gradually  sunk  into  obscurity,  and  died  it  is  supposed, 
although  not  as  miserably,  yet  as  much  embarrassed  as  his 
father.* 

*  See  Biographical  Notice  of  Azariah  Wright. 


640  HISTORY    OF   EASTEEN   VERMONT. 


ELKANAH   DAT 

WAS  a  resident  of  Westmin- 
ster, and  in  that  town  and 
throughout  the  county  of 
Windham,  was  known  and 
respected  as  a  physician. 
Before  Vermont  was  declared  a  separate  and  independent  state, 
and  while  the  people  on  the  "  Grants  "  acted  in  concert  with 
the  government  of  New  York  in  the  cause  of  American  free- 
dom, he  was  appointed  by  the  Provincial  Congress  of  lii&w 
York  a  captain  in  the  detachment  of  Rangers  which  was  com- 
manded by  Maj.  Joab  Hoisington.  Having  accepted  the  com- 
mission, he  endeavored  to  enlist  his  complement  of  men,  but 
amid  the  duties  and  labors  of  his  profession  he  was  unable 
to  devote  the  time  necessary  to  accomplish  this  object.  Con- 
vinced that  he  could  effect  more  good  as  a  physician  than  as  a 
soldier,  and  finding  that  his  patients  were  "  totally  unwilling" 
that  he  should  discontinue  his  practice  among  them,  he  resigned 
his  commission  on  the  23d  of  October,  1Y76.  He  afterwards  held 
the  office  of  high-sheriff  of  Windham  county  for  several  years. 
He  appears  to  have  been  first  elected  to  that  station  in  1781, 
and  held  it  until  the  year  1787.* 


SAMUEL   FLETCHER. 

/p    ^  rY'/^/f  P  Among  the   early  inhabitants 

\^^^t^'nryv'  ^^^1^^^^  /t^^'f'^^  of  Townshend,  no  person  occu- 
pied a  liigher  position,  or  en- 
joyed a  larger  share  of  public  confidence  than  Samuel  Fletcher. 
He  was  born  at  Grafton,  Massachusetts,  in  the  year  1745,  and  at 
the  age  of  seventeen  enlisted  as  a  soldier  in  the  contest  which 
was  then  being  waged  between  the  British  and  French  colo- 
nies.    In  this  service  he  continued  a  year.     On  his  return  he 

*  Journal  N.  Y.  Proy.  Cong.,  ii.  214. 


SAilTEL   FLETCHER.  641 

learned  the  trade  of  a  blacksmith,  which  he  followed  about 
four  years,  when  he  married  a  daughter  of  Col.  John  Hazeltine. 
Becoming  the  recipient  of  au  ample  fortune  by  this  connection, 
he  laid  aside  the  sledge,  and  removed  to  Townshend,  there  to 
wield  the  axe  among  the  trees  of  the  forest  At  the  com- 
mencement of  the  Kevolution  he  joined  the  American  army, 
and  in  the  capacity  of  orderly-sergeant,  was  present  at  the  bat- 
tle of  Bunker  Hill.  By  the  New  York  Provincial  Congress  he 
was  appointed  a  lieutenant  in  a  new  company,  which  was 
formed  in  the  month  of  July,  1TT5.  Elisha  Benedict  of  Al- 
bany, the  captain  of  the  new  company,  was  soon  after  sent  to 
Cumberland  county  for  the  purpose  of  delivering  to  Mr.  Flet- 
cher his  commission.  He  there  learned  that  the  "orderly" 
was  "  in  the  army  at  Cambridge,"  Massachusetts.  Mr.  Flet- 
cher's commission  was  soon  after  recalled,  and  the  lieutenancy 
intended  for  him  was  conferred  on  another.  In  the  month  of 
January,  1776,  he  returned  to  Townshend,  and  was  immedi- 
ately made  captain  of  the  militia  in  that  town.  On  the  1st  of 
February  in  the  same  year,  the  town  committees  of  safety 
assembled  and  elected  field-officers  for  the  lower  regiment  in 
Cumberland  county,  agreeable  to  the  wishes  of  the  New  York 
Provincial  Congress.  On  this  occasion  Mr.  Fletcher  was  chosen 
quarter-master,  and  his  nomination  was  confirmed  before  the 
end  of  the  month. 

On  the  11th  of  June  following,  a  committee  of  safety  for 
Cumberland  county  was  formed  at  Westminster.  Mr.  Fletcher 
was  present  as  a  delegate  from  Townshend,  and  took  an  active 
part  in  the  proceedings.  Companies  of  minute  men  were  soon 
after  raised,  whose  superiority  resulted  from  the  excellence  of 
their  drill,  and  their  readiness  to  march  at  the  beat  of  drum, 
wherever  their  services  were  needed.  A  company  of  this 
character  was  commanded  by  Captain  Fletcher,  and  when,  in 
1777,  Ticonderoga  was  besieged,  all  his  men  volunteered  to 
march  for  its  relief.  On  this  expedition,  M-ith  a  party  of  thir- 
teen, he  attacked  a  British  detachment  of  forty  men,  killed  one 
of  them,  and  took  seven  prisoners,  without  sustaining  any  loss 
himself.  In  August  of  the  same  year  he  was  engaged  in  the 
battle  of  Bennington,  and  often  in  later  years  would  speak  of 
his  participation  in  that  struggle.  He  soon  after  received  a 
major's  commission,  and  continued  to  serve  his  country  until 
after  the  defeat  of  Burgoyne.  He  was  made  a  brigadier-gene- 
ral in  the  militia  of  Vermont  on  the  20th  of  June,  1781,  and, 

41 


642  HISTORY   OF   EASTERN   VERMONT. 

having  reached  the  grade  of  major-general,  retained  that  posi- 
tion for  six  years. 

He  represented  Townshend  in  the  General  Assembly  of  Yer- 
mont  at  their  fii-st  session,  in  March,  177S,  and  enjoyed  the 
same  honor  at  the  session  in  October  of  the  same  year,  and  at 
that  in  February,  1779.  During  the  session  of  the  latter  year, 
he  was  chosen  councillor,  and  held  the  office  by  annual  election 
until  1790.  He  was  also  councillor  in  1808.  He  was  appointed 
a  judge  of  the  Supreme  court  on  the  13th  of  February,  1782, 
but  refused  to  serve.  From  1788  until  1806,  he  held  the  office 
of  high  sheriff  of  Windham  county,  and  during  the  years  1778, 
1783,  1784,  and  1786,  was  a  judge  of  the  county  court.  He 
died  on  the  15tli  of  September,  1814,  aged  nearly  seventy  years. 
On  th-e  occasion  of  his  funeral,  in  connection  with  some  remarks 
eulogistic  of  his  character,  made  by  the  late  Hon.  Charles  Phelps, 
of  Townshend,  a  sketch  of  his  life  was  given  by  the  same  gen- 
tleman, but  the  observations  were  extemporaneous,  and  were 
not  preserved.  His  daughter,  who  afterwards  became  the  wife 
of  Mr.  Ransom,  and  the  mother  of  the  Hon.  Epaplu'oditus  Ran- 
som, late  Governor  of  Michigan,  was  the  first  person  born  in 
Townshend.  She  died  a  few  years  ago  at  Kalamazoo,  at  a  very 
advanced  age.  His  eldest  daughter,  who  was  formerly  the  wife 
of  the  Hon.  Samuel  Porter,  of  Dummerston,  was  living  a  few 
years  ago  in  Springfield,  Vermont,  at  the  age  of  ninety.  His 
only  son.  Squire  H.  Fletcher,  was  also  living  in  1853  near  Buf- 
falo, New  York,  wanting  but  a  few  more  years  to  place  him  in 
the  octogenarian  rank. 

Being  a  man  of  enterprise,  industry,  and  skill.  General 
Fletcher  not  only  filled  the  various  stations  to  which  he  was 
appointed  with  great  credit,  but  found  time  to  engage  in  pro- 
jects to  increase  the  wealth  and  population  of  the  state.  By  a 
resolution  of  the  General  Assembly  of  Vermont,  passed  on  the 
6th  of  November,  1780,  the  township  of  Jamaica  was  granted 
to  him  and  fifty-three  others,  on  the  payment,  for  each  right, 
of  £9  lawful  money,  in  silver,  or  other  current  funds.  The  char- 
ter was  issued  on  the  day  following.  It  is  much  to  be  regretted 
that  the  MSS.  of  this  excellent  man  were  not  preserved.  He 
was  a  fine  writer,  and  during  a  portion  of  his  life,  kept  a  full, 
accurate,  and  daily  record  of  events  of  public  importance,  or  of 
interest  to  himself  on  account  of  his  participation  in  them. 
These,  and  other  writings,  it  is  supposed,  were  consigned  to  the 
care  of  his  son-in-law,  Mr.  Ransom,  who  was  the  executor  of 


SAMUEL   GALE.  643 

liis  will,  and  were  probably  destroyed  in  the  burning  of  that 
gentleman's  house.  Among  the  books  lost  on  that  occasion, 
was  "  a  large  and  elegant  old  English  folio  edition  of  the  Bible," 
which  Col.  John  Hazeltine  gave  to  his  daughter  at  the  time  of 
her  marriage,  and  which  General  Fletcher  bequeathed  to  his 
daughter,  Mrs.  Ransom,  in  his  will.  Two  memorials  of  the  old 
soldier  are  still  preserved.  The  one  is  a  sword  cane  which  he 
carried  through  all  his  camj^aigns  in  the  Revolutionary  War ; 
the  other  a  watch  which  he  wore  during  the  last  twenty  years 
of  his  life. 

In  stature,  General  Fletcher  measured  about  five  feet  ten 
inches.  In  person  he  was  straight  and  finely  proportioned,  but 
inclined  to  corpulency.  His  eyes,  which  were  blue,  corre- 
sponded well  with  a  light  complexion,  and  his  manly  beauty 
was  generally  acknowledged.  He  was  elegant  in  manners,  and 
in  deportment,  bland  and  refined.  Kindness  characterized  his 
intercourse  with  all,  and  generousness  and  hospitality  were  the 
faults,  if  he  had  any,  of  his  character.  He  was  very  particular 
in  his  dress,  which,  although  always  in  the  fashion,  was  never 
contrary  to  the  canons  of  good  taste.  Possessing  the  qualifica- 
tions which  make  the  man,  he  was  also  so  fortunate  as  to  com- 
bine with  these  most  necessaiy  requisites  those  other  and  finer 
excellences,  which  rendered  liim  the  heau  ideal  of  a  perfect 
gentleman.* 


SAMUEL   GALE. 

Of  the  loyalists  who  bore  a  con- 
spicuous part  in  the  events  connected 
with  the  "  Westminster  Massacre," 
none  are  more  entitled  to  respect  and 
consideration  than  Samuel  Gale.  He  was  born  in  Hamp- 
shire, England,  on  the  14th  of  October,  1747,  and  during  his 
boyhood  received  the  benefits  of  a  good  education.  Having 
been  appointed  a  paymaster  in  the  British  army,  he  was  ordered 

*  Thompson's  Vt.,  Art.  Townshend.  Deming's  Appendix,  p.  216.  Letter  of 
Hon.  E.  Ransom,  Feb.  6th,  1853.  Journal  N.  Y.  Prov.  Cong.,  i.  84,  95 ;  il  53,  54, 
68.     Am.  Archives,  Fourth  Series,  vol.  ii.,  col.  1796. 


644  HISTORY   OF   EASTERN   VERMONT. 

to  the  American  colonies,  probably  about  the  year  lYYO.  From 
manuscript  plottings  prepared  by  him,  which  are  still  extant, 
it  is  evident  that  his  knowledge  and  practice  as  a  surveyor 
were  accurate  and  extensive.  But  of  these  facts  more  definite 
evidence  exists.  On  the  12th  of  March,  17Y2,  he  issued  at 
Philadelphia  the  printed  prospectus  of  a  work  which  he  was 
then  preparing,  to  be  entitled  "  The  Complete  Surveyor."  To 
this  paper  were  affixed  recommendatory  notices  from  the  Right 
Honorable,  the  Earl  of  Stirling,  Lieutenant-Governor  Cadwal- 
lader  Golden,  Mr.  Eittenhouse,  and  Mr.  Lukens.  From  a  let- 
ter which  he  wrote  while  a  prisoner  at  Fairfield,  Connecticut, 
to  John  McKesson,  secretary  of  the  ISTew  York  Provincial  Con- 
gress, dated  February  29th,  1776,  it  appears  that  the  work  was 
still  unpublished.  Having,  in  this  communication,  requested 
to  be  released  on  pamle,  if  no  other  better  relief  could  be 
afforded,  he  added  : — "  You  may  mention  what  you  choose  in 
the  parole,  but  I  would  choose,  by  all  means,  if  possible,  to  be 
at  New  York  or  Philadelphia,  where  I  may  finish  my  intended 
publication  on  surveying,  which  you  well  know  is  allow^ed  by 
all  parties  to  be  a  matter  of  great  actual  service  to  America." 
Of  the  volume — ^published  or  unpublished — nothing  further  is 
known.* 

On  the  25th  of  June,  17Y3,  he  married  Rebecca,  the  eldest 
daughter  of  Col.  Samuel  Wells,  of  Brattleborough,  and  soon 
after  let\;  the  service.  Becoming  a  resident  of  Cumberland 
county,  he  was  appointed,  on  the  7th  of  March,  1774,  clerk  of 
the  court,  that  office  having  become  vacant  by  the  resignation 

*  That  he  was  at  one  period  employed  as  a  surveyor  on  the  New  Hampshire 
Grants,  is  evident  from  the  following  extract,  taken  from  "  The  Natural  and  Po- 
litical History  of  the  State  of  Vermont,"  a  work  by  Ira  Allen,  which  was  pub- 
lished at  London  in  the  year  1798. 

"  In  the  summer  of  1773,  Mr.  Ira  Allen,  with  tliree  men,  went  from  the  block 
fort  on  Onion  river,  in  pursuit  of  a  Mr.  S.  Gale,  wlio,  with  a  number  of  men,  was 
surveying  in  the  district  of  the  New  Hampshire  Grants,  for  the  land  jobbers  of 
New  York.  Allen  and  his  party  traversed  the  district  from  east  to  west,  through 
the  townships  of  Waterbury,  Middlesex,  and  Kingsland,  to  Moretown,  alias  Brad- 
ford, and  Haverhill ;  and,  at  length,  obtaining  information  of  the  surveyor's  des- 
tination, they  procured  provisions  and  some  spirits,  and  went  again  in  quest  of 
him.  They  discovered  his  line,  and,  by  that,  followed  him  to  near  the  north-east 
corner  of  the  present  town  of  Montpelier.  Here  it  ended,  and  he  could  not  be 
traced  further,  because,  being  apprised  of  his  danger,  he  made  a  corner  on  dry 
land,  and  thus  precipitately  escaped,  and  Allen  came  to  the  corner  an  hour  after 
he  fled.  On  the  sixteenth  day  they  reached  the  block  fort,  whence  they  sat  out." 
— pp.  45,  46. 


CONDUCT   AT   THE    "WESTMINSTER  MASSACRE."  645 

of  Crean  Brusli.  lu  a  description  of  tlie  General  Assembly  of 
New  York,  given  in  the  Connecticut  Courant,  under  the  date 
of  April  10th,  1775,  it  is  said  of  Brush  that  he  "  sold  the  clerk- 
ship of  the  county  to  Judge  Wells's  son-in-law."  Of  the  truth 
of  this  statement,  there  are  now  no  means  of  judging,  but  it  is 
safe  to  conclude  that  it  is  greatly  exaggerated,  if  not  wholly 
lalse.  On  the  5th  of  May,  1774,  Mr.  Gale  was  honored  with 
another  mark  of  favor,  in  receiving  a  commission,  authorizing 
him  to  administer  the  prescribed  oaths  to  all  persons  appointed 
to  office  in  the  county. 

Xotice  has*already  been  taken  of  his  conduct  on  the  memo- 
rable evening  of  the  13th  of  March,  1775.  Warmly  attached 
to  the  royal  cause,  and  deeming  those  who  should  rebel  against 
constituted  authority  as  worthy  of  the  direst  punishment,  his 
indignation  knew  no  bounds  when  he  saw  the  yeomanry  whom 
he  had  been  accustomed  to  regard  only  in  the  light  of  obedient 
subjects,  demanding  redress  for  wrongs,  which,  doubtless,  ap- 
peared to  him  more  imaginary  than  real,  and  enforcing  the 
demand  with  manifestations  whose  import  could  not  be  mis- 
taken. Actions  performed  in  a  moment  of  excitement  cannot, 
however,  be  regarded  as  criteria  of  character.  The  few  lines 
whicli  are  devoted  to  Mr.  Gale  in  the  account  of  the  "  West- 
minster Massacre"  prepared  by  Reuben  Jones,  are,  so  far  as 
they  are  intended  to  represent  the  actual  disposition  of  the  in- 
dividual, entirely  at  variance  with  truth,  and  unworthy  of  the 
page  of  history.  "  Jones's  sketch,"  a  gentleman*  of  high 
respectability  has  observed,  "  conveys  as  false  an  impression 
of  Mr.  Gale  as  the  daguerreotype  would  convey  of  the  ele- 
phant which  should  represent  that  noble  animal  while  his  mouth 
is  wide  open  to  receive  fruits."  On  the  day  following  the  out- 
break, Mr.  Gale  was  imprisoned  in  the  jail  at  Westminster,  and 
there  remained  until  the  19th  of  March,  when  he  was  taken  to 
Northampton,  Massachusetts,  where  he  was  kept  in  confine- 
ment from  March  23d  to  April  6th,  when  he  obtained  his  re- 
lease, and  repaired  to  ISTew  York. 

Here  he  continued  to  reside,  his  family  having  joined  him. 
until  February,  1776,  when  he  was  seized  at  night  in  his  own 
h<:>use,  and  conveyed  to  a  guard-house  at  the  upper  barracks  in 
the  city,  where  the  troops  from  Connecticut  were  quartered. 
Thence  he  was  soon  after  removed  to  Faii-field  jail,  in  Connecti- 

*  Rev.  Canon  Micajah  Townsend,  of  Clarenceville,  Lower  Canada. 


646  HISTORY    OF   EASTEKX    VERMONT. 

cut,  where  lie  was  placed  in  close  confinement.  Hoping  to 
obtain  his  release,  he  wrote  to  John  McKesson,  secretary  of  the 
Provincial  Congress  of  New  York,  requesting  him  to  interfere 
in  his  behaE.  His  letter,  dated  the  29th  of  February,  evinced 
by  its  style  and  expressions  the  honorable  character  of  the 
writer.  "  You  well  know,"  he  remarked,  "  that  my  sentiments 
have  been  uniform  and  steady,  even  if  erroneous ;  and,  there- 
fore, I  conceive  myself  entitled,  at  the  least,  to  the  privileges 
and  protection  which,  by  the  laws  of  all  Christian  nations,  are 
granted  to  prisoners  of  war,  I  call  it  prisoner  of  war,  not  as 
being  an  enemy  in  heart  to  any  man  breathing,  t)ut  as  being 
by  birth  and  education  one  of  that  country  between  which  and 
this  country  a  war  subsists.  Let  me  request  that  I  may  either 
be  allowed  the  privilege  granted  by  all  Christians  to  a  prisoner 
of  war ;  or  else  the  birthright  of  a  British  subject — the  writ 
of  habeas  corpus.''''  He  declared  his  belief  that  a  design  against 
his  person  had  been  formed  by  some  of  the  inhabitants  of  Cum- 
berland county,  and  referred  to  a  document  which  had  been 
drawn  up  in  vindication  of  his  own  conduct,  and  that  of  the 
sherift"  and  jposse.,  during  the  affray  at  Westminster.  He  de- 
scribed his  place  of  confinement  as  "  a  common  jail,  where  the 
cold  wind  through  the  bars  (for  the  windows  are  not  glazed) 
far  exceeds  the  warmth  of  all  the  fire  that  is  obtained,"  and 
asked  to  be  accommodated  with  "  a  genteeler  apartment." 

This  letter  was  considered  by  the  New  York  Provincial  Con- 
gress on  the  5th  of  March,  and  the  seizure  of  Mr.  Gale  was 
declared  to  be  "  a  wanton  act  of  military  power,  inconsistent 
with  that  liberty  for  which  the  colonists  are  contending."  On 
the  following  day.  Congress  wrote  to  Maj.-Gen.  Charles  Lee, 
notifying  to  him  the  facts  as  they  had  been  presented,  and  re- 
questing from  him  a  statement  of  the  nature  of  the  charge 
brought  against  Mr.  Gale,  in  order  that  proper  steps  might  be 
taken  either  for  his  discharge  or  punishment.  Li  his  reply, 
written  the  same  day,  Lee  acknowledged  that  the  arrest  of  Mr. 
Gale  should  have  been  made  by  the  Provincial  Congress,  but 
gave  as  a  reason  for  his  conduct  the  assurances  he  had  received 
from  many  respectable  men,  that  Mr.  Gale  was  "  a  most  dan- 
gerous man,  and  ought  not  to  be  suffered  to  remain  on  Long 
island,"  where,  as  Lee  observed,  "  an  enemy  is  more  dangerous 
than  in  any  other  spot  of  America." 

Information  of  the  views  of  Congress  in  the  matter,  was  sent 
to  Mr.  Gale  by  Secretar}^  McKesson.     In  his  answer,  dated  the 


LETTER   TO   SECRETARY   MC   KESSON.  647 

12tli  of  March,  Mr.  Gale  referred  to  a  letter  which  he  had  writ- 
ten to  Col.  Benjamin  Bellows  (in  which  he  had  claimed  a  right 
to  the  records  pertaining  to  his  office  as  clerk  of  Cumberland 
county),  as  being  tlie  probable  cause  of  his  arrest.  His  remarks 
on  this  point  were  in  these  words  :  "  Whoever  construes  the  dis- 
liked expressions  in  my  letter  to  Colonel  Bellows  to  relate  to 
others  than  those  of  the  county  of  Cumberland,  gives  it  a  con- 
struction which  was  not  thought  of  by  me  when  I  wrote  it.  I 
am  not  of  opinion  that  3'ou  or  many  of  your  body  hold  their  pro- 
ceedings in  a  much  better  light  than  myself ;  nor  can  I  sujipose 
that  any  one  can  think  me  blameable  in  forbidding  a  delivery 
of  the  records  to  any  but  myself  or  deputy."  He  then  stated 
at  length  what  his  conduct  had  been  ;  that  he  had  scrupulously 
abstained  from  disobeying  the  orders  of  those  opposed  to  Great 
Britain  ;  that  he  had  never  been  engaged  in  any  "  Tory  plots  ;" 
that  the  treatment  he  had  received  was  far  from  being  recon- 
cilable with  the  principles  of  liberty ;  and  closed  with  this  im- 
passioned peroration  :  "  Whether  I  return  to  New  York  or  not, 
may  the  Almighty's  will  be  done !  I  flatter  myself  that,  that 
nobleness  of  heart  which  characterizes  the  free-born  Briton, 
that  spirit  in  which  malice  or  revenge  hath  never  reigned,  add- 
ed to  a  conscience  serene  and  clear,  will  enable  me  to  pass 
through  the  various  mazes  and  labyrinths  of  persecution,  torture, 
or  death,  with  all  the  patience  and  resignation  of  a  martyr ;  and 
should  the  apprehensions  which  I  have  mentioned  grow  into 
realities,  I  shaU  say  with  Balaam,  '  Let  me  die  the  death  of  the 
righteous ;  let  my  last  end  be  like  his !'  " 

Meantime,  the  committee  of  the  Provincial  Congress  to 
whom  the  subject  had  been  referred,  reported  on  the  Stli  of 
March,  that  "  the  sole  occasion  for  apprehending  Samuel  Gale, 
and  sending  him  into  confinement"  had  arisen  from  certain  let- 
ters in  the  possession  of  Col.  William  Williams,  a  member  of 
the  said  Congress,  and  that  they  knew  of  no  other  evidence 
against  him.  This  report  was  taken  up  on  the  16th  of  March, 
and,  in  view  of  its  statements,  a  resolution  was  passed,  declaring 
the  opinion  of  Congress,  that  Mr.  Gale  ought  to  be  forthwith 
released,  inasmuch  as  he  had  been  carried  away  and  imprisoned 
"  without  any  hearing,  trial,  or  adjudication  whatever."  Notice 
of  this  decision  was  communicated  to  the  chairman  of  the  com- 
mittee of  Fairfield  county,  accompanied  by  a  request  for  the 
immediate  discharge  of  the  prisoner.  Mr.  Gale  was  informed 
privately,  of  the  resolve,  but  the  committee  concluding  that 


648  HISTOKY    OF    EASTERN    VERMONT. 

they  had  no  jurisdiction  in  the  case,  refused  to  comply  with  the 
request.  In  a  third  letter  to  Secretary  McKesson,  dated  at  Fair- 
field, on  the  12th  of  April,  Mr.  Gale  repeated  his  appHcation 
for  a  release,  and  detailed  the  reasons  why  it  should  be  granted; 
described  the  misery  of  his  situation ;  and  expressed  his  views 
upon  the  merits  of  the  struggle  between  the  colonies  and  the 
mother  country,  in  terms  which  bore  evidence  to  the  sincerity, 
ability,  and  honesty  of  the  man. 

"  In  this  intolerable  place,"  he  wrote,  referring  to  the  prison, 
"  the  wind,  when  cold,  fairly  chills  every  vein  in  my  body.  The 
smoke,  when  there  is  fire,  not  only  blinds  but  nearly  suffocates 
me  ;  and  the  continual  smell  of  the  room  has,  I  fear,  tended  to 
rot  my  very  vitals.  In  the  morning,  I  have  perpetually  a  sick- 
ness at  the  stomach ;  about  noon  comes  on  a  fever,  which  in 
about  three  hours  is  succeeded  by  an  ague,  sometimes  more  and 
sometimes  less  violent.  Every  one  of  these  intolerable  tortures 
were  so  inexpressibly  increased  by  the  excessive  weather  of 
Saturday  the  30th  ult.,  that  they  introduced  thoughts  and  ex- 
torted expressions  too  wild  to  mention  in  cooler  moments." 
Turning  then  to  a  consideration  of  the  death  whose  "  slow  ap- 
proaches, inch  by  inch,"  he  could  not  fail  to  perceive,  he  re- 
marked :  "  Tliough  I  conceive  it  a  duty  incumbent  on  every 
man,  to  use  his  endeavors  for  the  preservation  of  his  life,  yet  I 
never  viewed  death  through  so  horrible  a  medium  as  some  men 
do.  I  have  lately  learned  to  consider  it  as  a  matter  of  relief, 
rather  than  as  a  punishment.  To  leave  the  wife  of  my  bosom 
a  disconsolate  widow,  and  the  babes  of  my  loins  without  a 
helper,  is  doubtless  an  unhappy  reflection.  But  I  am  of  opinion 
that  a  single  stroke,  however  violent,  would  in  the  end  be  less 
grief  to  those  I  leave  behind  me,  than  a  continuation  of  that 
suspense  and  anxiety  of  mind  with  which  they  are  now  totally 
overwhelmed."  Do  "  some  of  my  persecutors,"  he  exclaimed, 
"  want  to  dip  their  hands  in  the  blood  of  a  martyr  ?  K  so,  it 
would  in  my  opinion  be  far  less  criminal,  both  in  the  sight  of 
God  and  man,  for  them  to  let  it  flow  in  decent  streams  than 
thus,  with  dastardly  meanness,  to  drag  it  from  me  drop  by  drop." 

A  few  days  after  this  letter  was  written,  Tliaddeus  Burr,  the 
sheriff  of  Fairfield  county,  received  the  resolve  of  the  Provin- 
cial Congress  and  released  his  prisoner  on  parole  of  honor.  In 
a  letter  to  General  Washington,  dated  the  19th  of  April,  Burr 
notified  the  course  he  had  pursued,  and  asked  for  directions. 
Of  Mr.  Gale,  he  remarked  :  "  He  is  an  Englishman,  a  gentle- 


ATTACIDIENT   TO   BEITISH   RULE.  649 

man  of  good  education,  and  possessed  of  liigli  notions  in  favor 
of  his  native  country  ;  is  frank  and  open  in  declaring  his  senti- 
ments, but  says  he  never  has  been,  or  will  be  active  against  the 
colonies."  From  an  entry  in  the  Journal  of  the  New  York  Provin- 
cial Convention,  under  date  of  September  16th,  17T6,  it  seems 
that  Mr.  Gale  was  then  in  the  city  of  New  York,  and  that  he 
had  been  brought  thither,  by  order  of  the  New  York  Committee 
of  Safety.  In  behalf  of  th«  Convention,  James  Duane  and  Ro- 
bert Yates  were  appointed  to  examine  him.  To  this  committee 
Robert  Harper  was  added  on  the  ITth  of  September,  and  Col. 
WiUiam  Allison  on  the  foUovring  day.  On  the  2l8t,  a  commit- 
tee was  constituted  for  the  express  purpose  of  detecting  and 
defeating  conspiracies,  and  to  them  the  examination  of  Mr. 
Gale,  was  finally  referred.  Tlie  immediate  result  of  their  in- 
vestigations is  not  known.  Ultimately,  Mr,  Gale  was  released 
from  his  parole  of  honor,  and  restored  to  liberty. 

His  sufferings,  while  in  confinement,  had  not  tended  to  lessen 
his  hatred  of  the  "rebel"  cause,  but  on  the  contrary  had 
strengthened  his  attachment  to  the  government  in  whose  behalf 
he  had  endured  so  many  privations.  Experience  had  also 
taught  him,  that  he  was  ill-prepared  to  engage  in  civil  commo- 
tions. Desirous  of  avoiding  a  repetition  of  scenes  which,  to 
him,  had  been  fraught  with  sorrow  and  distress,  he  prudently 
removed  with  his  family  to  Quebec,  where  he  received  the  ap- 
pointment of  Provincial  Secretary,  under  the  administration  of 
Governor  Prescott.  He  subsequently  accompanied  his  Excel- 
lency to  England,  to  defend  him  with  his  j)owerful  pen,  in  the 
difficulties  which  had  arisen  in  connection  with  the  Council  in 
Canada.  He  had  written  and  published  an  elaborate  work  en- 
titled, "  An  Essay  on  Public  Credit,"  involving  many  abstruse 
and  extensive  mathematical  calculations  on  finance,  having  for 
its  object  the  gradual  extinguishment  of  the  national  debt  of 
England.  Tliis  work  he  presented  for  adoption  to  Pitt,  then 
Chancellor  of  the  Exchequer,  by  whom  its  correctness  was  ad- 
mitted and  its  principles  highly  approved  ;  but  who  found  it 
easier  to  put  off  the  learned  author  with  a  pension  for  life,  than 
to  meet  the  public  creditors  with  this  book  of  financial  reform 
in  his  hand,  which  might  have  cost  him  his  place.  In  1803  or 
1804,  Mr.  Gale  rejoined  his  family  in  Canada,  where  he  lived 
in  retirement,  and  died  at  his  country  residence  in  Farnham, 
on  the  27tli  of  June,  1826.  He  left  a  daughter,  since  deceased, 
and  a  son  who  has  been  an  eminent  lawyer  and  a  judge  of 


650  mSTOKT   OF   EASTERN   VERMONT. 

King's  Bench,  at  Montreal,  where  he  now  lives  retired  and  re- 
spected. 

Mr.  Gale  possessed  an  intellect  of  more  than  ordinary  strength, 
and  his  writings  were  always  pregnant  with  thought,  and  lucid  in 
expression.  In  disposition,  he  was  amiable  and  forgiving  ;  in 
manners,  polished  and  gentlemanly ;  in  character,  ingenuous, 
honorable,  and  conscientious.* 


JOHN  GROUT 

THE  second  son  and  third 
child  of  John  Grout,  who 
was  the  father  of  fourteen 
children,  was  born  at  Lu- 
nenburgh,  Massachusetts, 
on  the  13th  of  June,  1731.  There  he  probably  resided  until 
he  was  thirty-five  or  thirty-six  years  old.  The  first  intimation 
relative  to  any  intention  on  the  part  of  Grout  to  remove  from 
Lunenburgh,  is  found  in  a  letter  signed  by  one  James  Putnam, 
dated  at  Worcester,  Mass.,  September  3d,  1766,  and  written, 
as  would  appear  from  its  contents,  to  some  person  resident  on 
the  New  Hampshire  Grants.  In  this  letter  Putnam  says : — 
"  Grout  is  desirous  of  settling  in  that  part  of  the  world  where  you 
live,"  and,  in  reference  to  his  qualifications,  adds,  "  he  seems  to 
have  a  pecuKar  natural  talent  for  doing  business  at  law  and  in 
courts."  Grout  did  not  change  his  abode  immediately,  for  by  a 
receipt  dated  April  22d,  1768,  it  appears  that  he  was  at  that 
time,  at  Lunenburgh.  It  is  probable  that  he  soon  after  remov- 
ed to  the  "  Grants,"  and  this  opinion  is  strengthened  by  the 
fact,  that  he  was  at  Charlestown,  New  Hampshire,  in  the  fol- 
lowing August.  Before  leaving  the  home  of  his  nativity,  he 
had  married,  and  in  the  rapid  increase  of  his  family,  had  already 
shown  a  laudable  desire  to  emulate  his  father.  His  advent  was 
not  hailed  at  Windsor,  the  place  he  had  chosen  for  his  new 

*  Journal  of  N.  Y.  Prov.  Cong.,  i.  339,  340, 343,  347,  365,  627,  629,  630,  639  :  u. 
119,  120,  178, 179,  183,  184.  Am.  Arch.,  Fourth  Series,  vol.  v.  cols.  341,  355,  390, 
805-867,  991.  Letter  from  the  Rev.  Canon  Micajah  Townsend,  dated  Clarence- 
ville,  C.  K,  July  Ist,  1856. 


REDUCED   CIRCUMSTANCES   OF   JOHN   GROUT.  651 

abode,  with  that  enthusiasm  which  is  so  grateful  to  the  vohm- 
taiy  exile.  On  the  contrary,  tlie  inhabitants  of  the  little  town 
regarded  his  coming  as  an  unfortunate  occurrence.  Scarcely 
was  he  settled,  when  Nathan  Stone,  the  justice  of  the  peace, 
received  a  notice  from  Zedekiah  Stone  and  Joseph  Wait,  the 
overseers  of  the  poor,  in  which  they  stated  that  complaint  had 
been  made  to  them  "  by  the  principal  inhabitants"  of  Windsor, 
that  "  John  Grout  and  his  wife,  and  family  of  five  or  six  chil- 
dren" who  had  lately  arrived,  were  "  likely  to  become  charge- 
able to  the  town."  On  this  account,  and  to  gratify  the  pauper- 
hating  people  of  Windsor,  the  overseers  prayed  that  a  warrant 
miglit  be  issued  for  the  removal  of  said  Grout  and  his  family. 

Their  prayer  was  granted,  and  Benjamin  Wait  and  Ezra  Gil- 
bert were  authorized  to  command  the  immediate  exodus  of  the 
penniless  lawyer  and  his  dependents.  Information  of  the  coui-se 
which  the  town  authorities  intended  to  pursue  having  been 
given  to  Grout,  he,  on  the  22d  of  April,  1769,  endeavored  to 
obtain  a  stay  of  proceedings  from  the  officers  who  had  been  sent 
to  remove  him.  To  this  end,  he  gave  a  written  promise,  that 
if  permitted  to  remain  a  few  days  longer,  he  would,  at  the  end 
of  the  specified  time,  be  ready  with  his  family,  "  at  nine  of  the 
clock  in  the  forenoon"  at  his  "  dwelling-house  in  Windsor,"  "  to 
be  carried  out  of  town."  In  case  this  request  should  be  granted, 
he  declared  "on  honor,  and  as  a  lawyer,"  that  no  harm  should 
come  of  it,  either  to  the  town  or  its  officers.  It  is  probable  that 
the  days  of  grace  were  given,  and  it  would  also  appear  that 
when  these  had  passed,  he  had  made  some  arrangements  for  re- 
maining in  Windsor.  He  was  there  on  the  27th  of  May  follow- 
ing, and  from  a  deposition  made  on  the  31st  of  the  same  montli, 
by  Simeon  Olcott,  an  officer  of  that  town,  it  seemed  that  there 
was  at  that  time,  "  not  any  copy  of  a  warrant  of  any  kind"  in 
his  hands  against  Grout,  issued  at  the  instance  of  Windsor  people. 
On  the  5th  of  June  following,  Elijah  Grout,  a  younger  brother, 
testified  to  a  similar  statement.  Grout  next  appeared  at  Chester, 
of  which  place  he  was  a  resident  in  February,  1770.  The  events 
previously  recorded,  in  which  he  had  acted  so  prominent  a 
part,  happened  during  the  summer  of  that  year,  and  proba- 
bly afforded  sufficient  exercise  for  the  restless  disposition  of 
the  unfortunate  Grout.*  About  this  period  his  son,  "  a  lad  of 
thirteen  years  of  age,"  ran  away  from  the  paternal  roof,  and  the 

*  See  ante,  pp.  161-168. 


652  HISTORY    OF    EASTEKN    VERMONT. 

notice  of  this  event  wliicli  Grout  published  in  the  papers,  and 
requested  "  all  printers  on  the  continent"  to  copj,  was  headed 
in  staring  capitals  "  Stop  Thief!  Stop  Tliief !"  ISTotwithstand- 
ing  the  disrepute  in  which  he  was  held  by  many,  he  obtained 
some  business,  and  it  appears  on  the  8th  of  March,  1771,  he 
supplanted  Thomas  Chandler,  one  of  the  most  influential  men 
in  Chester,  as  the  attorney  and  land  agent  of  Cornelius  Vanden- 
bergh,  of  the  city  of  New  York. 

Grout  endeavored  to  obtain  an  impartial  execution  of  the 
laws  relative  to  the  cutting  of  ship-timber,  and  was  diligent  in 
informing  John  Wentworth,  the  surveyor-general,  of  the  short- 
comings of  his  deputies.  His  zeal  does  not  appear  to  have  met 
with  the  reward  it  deserved.  In  a  bond  dated  the  17th  of  April, 
1773,  given  to  Daniel  Whipple,  the  sheriff  of  Cumberland 
county,  Grout,  in  answer  to  a  citation,  agreed  to  appear  in  the 
city  of  New  York  on  the  third  Tuesday  of  that  month,  to 
"  answer  to  Kichard  Morris  in  a  plea  of  trespass."  From  ac- 
companying cu'cumstances,  it  would  seem  that  the  trespass  with 
which  he  was  charged  was  the  destruction  of  his  Majesty's 
masting  trees.  He  was  not  unfrequently  sent  with  dispatches 
to  distant  places,  and  was  always  careful  to  execute  his  com- 
missions with  fidelity.  On  the  occasion  of  a  riot  in  Putney, 
early  in  the  year  1772,  he  bore  the  intelligence  of  the  disturb- 
ance to  the  city  of  New  York.  In  the  letter  which  he  carried 
on  this  occasion  to  Governor  Tryon,  dated  the  29th  of  January, 
Judge  Lord,  the  writer,  after  detailing  a  narrative  of  the 
tumult,  referred  to  Grout  in  these  words : — "  I  have  yet  to 
crave  your  Excellency's  patience  and  leave  to  recommend  to 
your  Excellency's  favour  Mr.  John  Grout,  attorney-at-law,  who 
hath  suffered  much  by  persons  enemical  to  this  government, 
and  to  him,  on  account  of  his  firm  attachment  to  it,  and  endea- 
vours to  maintain  good  order  and  justice  therein.  Truth  itself 
obliges  me  to  say,  that  his  practice  as  an  attorney  in  this  county, 
has  always  entitled  him  to  the  good  ojDinion  of  the  court  and 
the  best  gentlemen  in  the  county,  as  I  apprehend,  although  riot- 
ous persons  and  parties,  friends  to  New  Hampshire  and  ene- 
mies to  good  order,  have  given  him  much  trouble,  which  he 
has  borne  with  great  magnanimity,  and  strove  in  a  legal  and 
dispassionate  way  to  overcome.  Your  Excellency,  being  per- 
fectly humane,  will  delight  in  protecting  him."  This  extract 
represents  Grout  in  a  difterent  aspect  from  that  in  which  he  has 
previously  appeared.     He  was,  it  would  seem,  a  warm  sup- 


UNSTEADY    SENTIMENTS   OF   GROUT.  653 

porter  of  the  claims  of  New  York  to  tlie  "  Grants,"  .and  on  tliis 
account  was  shabbily  treated  by  those  who  adhered  to  the  Xew 
Ilanipshire  faction.  An  unhappy  disposition,  and  a  turn  for 
pettifogging,  were  not  the  best  equipments  with  which  to  meet 
this  opposition,  and  yet  these  were  the  weapons  which  Grout 
appears  to  have  brought  to  the  combat. 

Previous  to  the  commencement  of  the  Revolution,  Grout  ex- 
pressed sentiments  in  opposition  to  the  acts  of  the  British  mi- 
nistry, and  at  a  meeting  held  in  Chester  on  the  10th  of  October, 
1774,  was  chosen  by  the  j^atriotic  citizens  of  that  town  a  mem- 
ber of  a  committee,  who  were  directed  to  join  with  the  general 
committee  of  Cumberland  county,  in  preparing  a  report  con- 
demnatory of  the  late  acts  of  Parliament,  to  be  sent  to  the  New 
York  committee  of  coi-respondence.  His  patriotism  appears, 
however,  to  have  been  of  short  duration.  A  letter  attributed 
to  him,  written  from  the  "  South-east  part  of  Cheshire  county, 
March  10th,  1775,"  contains  the  most  violent  and  obscene  ex- 
pressions relative  to  the  "  damned  Whigs."  Still,  his  views 
cannot  be  determined  tby  this  production,  for,  although  the  fii*st 
impression  which  one  would  derive  from  its  perusal,  is  that  the 
writer,  whoever  he  might  have  been,  was  a  vile  blackguard, 
destitute  of  principle,  and  unscrupulous  in  the  expression  of  his 
opinions,  yet  a  more  careful  examination  suggests  the  idea  that 
the  communication  might  have  been  intended  as  an  allegorical 
declaration  of  sentiments  in  favor  of  a  revolutionary  movement. 
Tliis  notion  is  supported  by  the  closing  paragraphs  of  the  letter, 
which  are  in  these  words  : — 

"  Be  assured.  Sir,  that  our  Honored  Master  Beelzebub 
waited  upon  me  yesterday,  and  Commanded  me  to  write  to  you 
and  Inform  you,  that  it  is  his  Royal  will  and  pleasure,  that  you 
play  Hell  with  the  Court  that  shall  set  at  Westminster  next  week. 

"  From  your  Friend  and  Brother, 

"  Apollyon. 
"  To  the  Faithful  and  Dearly  beloved 
"Dr.  Jones 

"P.S.  Please  to  read  this  Epistle  to  all  the  Faithful  Bre- 
thren and  salute  them,  Charles  Phelps  and  Doctor  Harvey  in 
particular,  with  a  kiss  of  love." 

Tliroe  days  after  the  date  of  this  letter,  the  courts  were  broken 
up  at  Westminster,  and  on  that  occasion.  Dr.  Reuben  Jones, 
of  Rockingham,  and  Dr.  Solomon  Harve}^,  of  Dummerston, 
were  prominent  leaders  among  the  Whigs. 


654  HISTORf   OF   EASTERN   VERMONT. 

On  the  12th  of  April,  1775,  Grout,  who  had  been  imprisoned 
for  debt,  received  "his  liberty"  from  Benjamin  Archer,  under- 
keeper  of  the  jail  at  Westminster.  Previous  to  this,  he  had 
satisfied  certain  judgments  which  had  been  obtained  against  him. 
His  escape  from  this  Scylla  of  confinement  did  not  enable  him 
to  avoid  the  Charybdis  of  the  people's  hate.  Having  been  de- 
nounced by  John  Chandler,  and  Thomas  Chandler  Jr.,  of  Ches- 
ter, as  an  enemy  to  his  country,  he,  according  to  his  own  state- 
ments, was  threatened  by  some  with  death,  and  by  others  with 
tortures  "  at  the  hands  of  the  Green  Mountain  Boys."  In  this 
emergency,  he  declared  his  innocence  of  the  crime  charged 
against  him,  and  wrote  to  Col.  John  Hazeltine,  the  chairman 
of  the  Cumberland  county  committee  of  correspondence,  and 
to  the  chairman  of  the  Walpole  committee  of  inspection,  for 
protection.  He  also  made  known  his  situation  to  the  Kev. 
Samuel  Whiting,  of  Chester,  and  begged  him  to  use  his  influence 
"with  these  mad  people,"  and  thus  save  the  county  from  be- 
coming "  an  Aceldama  or  field  of  blood."  In  the  latter  part 
of  the  month  of  May,  while  confined  to  his  bed  by  a  fever,  a 
party  of  men  entered  his  dwelling,  headed  by  Thomas  Chand- 
ler Jr.,  and  endeavored  to  drag  him  out  of  doors,  but  were 
prevented  by  the  efforts  and  entreaties  of  his  wife  and  his 
"  good  neighbours."  On  the  following  morning  they  renewed 
the  attempt,  and,  having  taken  him  about  half  a  mile  from  his 
house,  threatened  to  strangle  him,  but  were  induced  to  desist 
from  executing  this  design.  Having,  through  the  efforts  of  his 
friends,  regained  his  liberty,  he  claimed  protection  from  the 
county  committee.  The  chairman  of  that  body  thereupon  or- 
dered Chandler  to  desist  from  all  attempts  to  injure  Grout, 
which  order  Chandler  promised  to  obey. 

Though  freed  in  this  manner,  from  the  annoyances  to 
which  his  suspicious  conduct  had  subjected  him,  he  could  not 
resist  the  temptation  of  disturbing  the  peace  of  the  county.  To 
effect  this  end,  he  commenced  an  epistolary  attack  upon  the 
chairman  of  the  committee  of  correspondence.  Col.  John 
Hazeltine.  In  a  letter  to  this  gentleman  written  from  the 
"  County  of  Hampshire,  Province  of  Mass*^-  July  10th,  1775," 
Grout  accused  him  of  presiding  over  the  deliberations  of  a 
body  of  men  whose  acts  were  tyrannical,  and  whose  conduct 
was  contrary  to  every  principle  of  right.  He  further  declared, 
that  it  was  for  this  cause  "  that  a  great  many  of  the  best  peo- 
ple in  the  county  of  Cumberland  who  are  substantial  friends  to 


"memokial  and  petition."  G55 

the  Liberties  of  tlie  people  and  the  Sacred  Rights  of  Mankind, 
and  who  are  even  willing  to  seal  their  Love  of  their  Country 
with  their  Blood  in  Defence  of  it,  Groan  under  the  weight  uf  the 
Oppressions  of  that  Lawless  Banditti  of  men,  who  having  tirst 
put  a  stop  to  the  Course  of  Civil  Justice  under  the  assumed 
name  of  sons  of  Liberty,  are  destroying  not  only  the  Semblance, 
but  even  the  substance  and  shadow  of  Liberty  itself."  In  this 
style  he  continued  through  a  long  communication,  to  abuse  the 
officers  of  Cmnberland  county,  who  in  this  time  of  emergency 
were  directing  tlieh-  best  efforts  to  secure  to  the  people  theu' 
rights,  and  to  defend  them  from  the  machinations  of  Loyalists 
and  Tories. 

Later  in  the  year,  he  addressed  a  "  Memorial  and  Petition" 
to  the  "  men  that  are  assembled  at  "Westminster  in  the  County 
of  Cumberland,  who  call  themselves  a  County  Congress."  In 
this  remarkable  production  he  accused  the  representatives  of 
the  people  of  usurpation  and  oppression  ;  pictured  their 
temporary  government  as  a  despotism  ;  and  branded  their 
chairman  as  a  tyrant.  After  detailing  a  few  instances,  in  which 
they  had  been  obliged  for  the  good  of  the  community,  to  exer- 
cise dictatorial  powers,  he  continued  in  this  strain  : — "  You  pro- 
ceeded on  other  business  equally  Infamous  and  Rascally,  and 
then,  like  the  Rump  Parliament,  adjourned  yourselves.  But 
your  Sovereign,  Col.  Hazeltine,  thinking  good  to  call  you  to- 
gether before  the  time  you  was  adjourned  to,  did  do  it,  and  you 
met  on  the  15th  of  August  Last,  and  Proceeded  to  business. 
And  why  should  you  not?  Tlie  King,  by  the  Constitution,  has 
a  Right  to  call,  adjourn,  prorogue  and  dissolve  parliaments. 
King  Hazeltine  did  Right  in  calling  you  together  before  the 
Time  you  had  adjourned  yourself  to.  This  was  to  Let  you 
Know  he  was  your  King,  and  it  was  no  more  than  duty  to  Obey 
your  Prince.  Indeed,  it  must  be  confessed  it  was  a  rascally 
Trick  in  you  ever  to  adjourn  yourselves,  for  that  was  an  In- 
fringement of  your  Ejng  Hazeltine's  Prerogative,  for  the  King 
by  his  Prerogative  has  the  sole  Right  of  adjourning  Parlia- 
ments." The  closing  paragraphs  of  this  memorial,  although 
abounding  in  bombast  and  fustian,  are  sufficiently  curious  to 
warrant  their  presentation  in  this  connection.  "  As  for  myself," 
wrote  this  conceited  but  witty  poltroon,  "  I  belong  to  another 
order  of  men,  who  will  neither  Joyn  with  you,  nor  Oppose  you. 
For  why  should  I  run  with  the  Wind  ?  Surely,  if  I  should,  it 
will  outrun  me.    Or  why  should  I  fight  with  the  wind  ?    Surely, 


666  HISTORY    OF    EASTERN    VERMONT. 

there  is  not  so  miicli  substance  in  the  Skull  of  it,  as  that  I  could 
beat  its  Brains  out  with  a  Beetle.  Surely,  I  "will  content  myself 
with  bearing  your  Blow,  and  will  Say,  Whoo-Raugh,  Whoo- 
Eaugh  to  your  mighty  Rushing.  After  a  mighty  wind  comes 
a  calm. 

"  Your  petitioner  most  humbly  prays,  that  you  would  be 
graciously  pleased  to  annihilate  yourselves,  and  Return  into 
your  Primitive  i!Tothingness,  unless  the  Good  People  of  the 
County  shall  please  to  employ  you  about  something. 

"  But,  oh,  mighty  Chaos,  if  you  will  not  condescend  to  grant 
this  petition,  I  have  another  to  make,  which  I  beg  of  yon  not 
to  deny  me,  which  is  this,  that  your  almighty  Kothiugships 
would  be  pleased  to  Honour  your  Petitioner,  who  heartily 
Despises  you,  by  making  him  iirst  General  and  Commander-in- 
Chief  of  all  your  despisers,  that  so  he  may  be  at  the  head  of 
nine-tenths  of  the  good  people  of  this  county.  And  your  Peti- 
tioner as  in  Duty  bound  shall  ever  pray." 

In  the  fall  of  the  same  year,  he  was  brought  before  the  com- 
mittee of  Chester,  on  a  charge  which  had  been  preferred 
against  him  of  speaking  disrespectfully  of  the  Continental 
Congress  and  the  county  committee.  A  quarrel  having  arisen 
among  the  members  in  respect  to  the  manner  in  which  the 
trial  should  be  conducted.  Grout  refused  to  make  any  defence, 
and  remained  wholly  inactive  during  the  proceedings.  By  a 
portion  of  the  committee,  he  was  adjudged  to  be  an  enemy  to 
his  coimtry.  From  this  decision  he  appealed  to  the  county 
committee.  The  subject  came  before  them  on  the  29th  of  'No- 
vember,  but  they  refused  to  sustain  the  appeal,  and  ordered 
him  to  withdraw  it.  At  another  meeting  held  on  the  24th  of 
July,  1Y76,  a  complaint  was  exhibited  by  John  Chandler  against 
Grout.  The  members  being  unwilling  to  act  upon  it,  referred 
it,  at  first,  to  the  Chester  committee,  but  by  a  subsequent  vote 
recalled  the  reference  and  resolved  to  receive  Grout's  answer  at 
their  session  in  the  following  November.  On  the  8tli  of  that 
month,  a  complaint  against  Thomas  Chandler,  Jr.,  was  pre- 
sented by  Grout,  to  the  county  committee,  accusing  him  of  mal- 
treatment. "  After  maturely  deliberating  upon  the  case,"  the 
committee  ordered  Chandler  to  pay  to  Grout  ''  the  sura  of  Six 
Pence,  York  Currency."  The  costs  of  the  investigation  were 
divided  equally  between  them,  and  both  were  "  Reprimanded 
by  the  Chairman  in  presence  of  the  whole  Board."  Grout 
suffered  on  other  occasions  from  the  patriotism  or  maliciousness 


TRAGIC   FATE.  657 

of  the  Chandlers,  and  through  their  influence  and  that  of 
others  connected  with  them,  he  was  taken  prisoner  at  Charles- 
town,  New  Hampshire,  on  the  27th  of  December,  1776.  On 
the  2d  of  June,  1777,  he  was  a  resident  of  Chester,  but  soon 
after  removed  to  Montreal,  where  he  assumed  his  true  charac- 
ter, that  of  a  British  subject,  and  is  said  to  have  become  "  a 
distinguished  lawyer."* 

He  resided  in  Canada  during  the  remainder  of  the  war,  and 
probably  for  several  years  after  its  close.  His  end  was  as  tragic 
as  his  life  had  been  turbulent  and  unhappy.  With  a  large  sum 
of  money  in  his  possession,  which  he  had  collected  for  some  per- 
son residing  in  one  of  the  states,  he  left  Canada  for  the  pui-j^ose 
of  conveying  it  to  the  owner,  and  was  never  afterwards  heard 
of.  For  a  long  time  it  was  supposed  that  he  had  been  drowned 
in  crossing  Lake  Champlain.  Many  years  after  his  sudden  dis- 
appearance, a  man  was  convicted  of  some  crime  punishable  by 
death.  Previous  to  his  execution  he  acknowledged  his  guilt,  and, 
in  detailing  the  dark  transactions  of  his  life,  confessed  that  he 
had  murdered  John  Grout  for  th^  purpose  of  obtaining  the 
money  which  he  carried.  He  also  described  the  place  where 
he  had  buried  the  body.  A  search  having  been  instituted, 
human  bones  were  found  at  the  spot  he  had  designated. 

Hilkiah  Grout,  whose  name  has  occurred  in  these  pages,  was 
a  brother  of  John,  and  was  bom  atLunenburgh,  Massachusetts, 
on  the  23d  of  July,  1728.  He  lived  for  many  years  on  the  banks 
of  Black  river  in  the  town  of  "Weathersfield,  in  Windsor  county, 
Vermont,  and  there  died,  leaving  a  large  family  of  children. 
Some  of  these  were  born  previous  to  the  time  when  his  wife 
and  some  of  her  family  were  carried  captive  to  Canada.  Others 
were  bom  after  her  return  from  bondage. 

Elijah  Grout,  another  brother,  born  at  Lunenburgh,  Massa- 
chusetts, passed  the  greater  part  of  his  life,  and  died,  at  Charles- 
town,  New  Hampshire. 

Jonathan  Grout,  bom  also  at  Lunenburgh,  a  third  brother  of 
John,  resided  at  Petersham,  Massachusetts.      He  obtained  the 


*  By  an  act  of  the  General  Assembly  of  Vennont,  passed  in  Febrnary,  1779, 
those  persons  \rho  had  voluntarily  left  that  state,  or  any  one  of  the  United  States, 
and  "joined  the  enemies  thereof,"  were  forbidden  to  return  to  Vermont.  Accom- 
panying this  act  were  the  names  of  one  hundred  and  eight  persons  to  whom  its 
provisions  particularly  referred.  In  the  list  appeared  the  name  of  John  Grout 
of  Chester.— Acts  and  Laws  Gen.  Ass.  Vt.,  Feb.,  17T9,  p.  72.  Slade's  Vt  Stats 
Papers,  pp.  355,  356. 

42 


658  HISTORY   OF   EASTERN    V:ERM0NT. 

charter  of  Lunenburgh,  a  town  in  Essex  county,  Yermont,  and 
owned  nearly  all  the  territory  comprised  within  its  limits.* 


LOT   HALL 


WAS  born  at  Tarmouth,in 
Barnstable  county,  Mas- 
sachusetts, in  the  year 
1757.  Of  his  youthful 
days  little  is  known.  It  is  certain,  however,  that  he  enjoyed 
all  the  advantages  of  a  good  school  education,  and  that  he  dili- 
gently improved  whatever  opportunities  were  offered  him  of 
obtaining  information.  At  the  commencement  of  the  revolu- 
tionary war,  he  warmly  espoused  the  cause  of  the  colonies,  and 
eagerly  awaited  the  hour  that  should  see  liim  engaged  in  the 
service  of  his  country. 

In  accordance  with  a  resolution  of  Congress,  passed  on  the 
18th  of  July,  1775,  recommending  to  each  colony,  to  provide 
for  the  protection  of  its  harbors  and  navigation,  "  by  armed  ves- 
sels, or  otherwise,"  South  Carolina  endeavored  to  render  her 
maritime  position  more  secure.  On  the  16th  of  January,  1776, 
the  delegates  from  South  Carolina  informed  Congress  that  their 
colony,  "  being  in  want  of  seamen,  had  given  orders  to  offer 
high  wages  to  such  as  would  engage"  in  her  service,  and  desired 
the  advice  of  Congress  on  the  subject.  The  committee  to  whom 
the  matter  was  referred,  reported  on  the  19th,  recommending 
to  Captain  Robert  Cockran  who  had  been  sent  from  South  Ca- 
rolina to  obtain  seamen,  to  offer  to  each  able-bodied  seaman, 
who  would  enter  the  service  of  that  colony,  wages  at  the  rate  of 
$8  per  month,  an  immediate  bounty  of  $9,  and  upon  reaching 
South  Carolina,  a  fm-ther  bounty  of  $5.  The  captain  was  com- 
mended to  the  favor  of  Washington,  who,  on  the  30th  of  Ja- 
nuary, promised  to  "give  him  every  assistance"  within  his 
power. 

In  the  month  of  May  following,  young  Hall  procured  enlist- 
ing orders  from  Elijah  Freeman  Payne,  who  was  then  the  lieu- 

*  MS.  Records,  Cumberland  Co.  Com.  Safety.  Grout's  MS.  Letters.  Letters 
from  Harry  Hale,  Esq.,  of  Chelsea,  Vt,  December  Ist  and  17th,  1852.  Doe.  Hist- 
N.  Y.,  iv.  758,  759,  766. 


NAVAL    SUCCKSS.  659 

tenant  of  a  twenty-gun  ship  lying  at  Charleston,  South  Caro- 
lina, commanded  by  Captain  Cockran.  This  ship,  which  was 
called  the  Randolph,  had  been  fitted  out  by  South  Carolina,  as 
a  part  of  her  proportion  of  the  continental  navy,  and  in  accord- 
ance with  the  recommendations  of  Congress,  which  had  been 
adopted  on  the  18th  of  July,  1775.  Payne  had  promised  Hall  a 
lieutenancy  in  the  marine  department,  provided  the  latter  should 
enlist  fifteen  men  and  transport  them  to  Providence,  Rhode 
Island,  Entering  upon  his  task  with  energy,  and  determined 
to  win  the  station  which  had  been  offered  him.  Hall  in  a  short 
time  enlisted  twentj'^-nine  men  and  a  boy,  residents  of  Barn- 
stable county,  and  having  procured  a  schooner,  commanded  by 
Capt.  Samuel  Gray,  conveyed  his  recruits  to  the  place  ap- 
pointed. He  then  went  to  Stonington,  Connecticut,  where  he 
purchased  six  small  cannon  of  Joseph  Dennison,  and  returning 
to  Providence  obtained  a  schooner  of  about  fifty  tons  burthen, 
belonging  to  Clark  and  Nightingale,  and,  with  his  men,  sailed 
foi'  Stonington,  to  take  on  board  the  cannon.  Becoming  con- 
vinced by  this  short  trip,  that  the  schooner  would  not  carry 
sail  sufficient  to  render  her  serviceable,  either  in  giving  chase, 
or  in  conducting  a  retreat,  he  procured  another  at  Stonington 
named  the  Eagle.  Tliis  vessel  was  immediately  fitted  out  with 
provisions  and  warlike  stores,  and  in  her  Captain  Payne  and 
Lieutenant  Hall  put  to  sea,  in  the  month  of  June,  with  the 
intention  of  making  a  cruising  passage  to  Charleston,  where 
they  and  their  men  were  to  join  the  Randolph. 

The  commencement  of  the  expedition  was  attended  with 
success.  Three  prizes  were  taken — the  Yenus,  George  Collas, 
master,  on  the  23d  of  August ;  the  Caledonia,  Alexander  Mc- 
Kinlay,  master,  on  the  30th  of  August ;  and  another  vessel  the 
name  of  which  is  not  known.  These  were  manned  with  sea- 
men from  the  crew  of  the  Eagle,  and  the  little  fleet  set  sail  for 
the  port  of  Boston,  where  the  Yenus,  under  the  charge  of  Wait 
Rathburn,  prize-master,  arrived  on  the  20th  of  September,  and 
the  Caledonia,  under  the  charge  of  Nathaniel  Thompson,  prize- 
master,  on  the  23d  of  the  same  month.  As  the  Eagle  was  con- 
voying in  the  third  prize,  she  (the  Eagle)  fell  in  with  and  cap- 
tured the  ship  Spears,  from  the  bay  of  Honduras  bound  for 
Glasgow,  Scotland.  The  Spears  being  short  of  provisions,  it 
w^as  deemed  advisable  to  increase  her  supplies,  and  to  transfer 
to  her  all  the  prisoners  on  board  of  both  the  Eagle  and  the 
prize  then  under  convoy.     This  was  accordingly  done,  and  by 


660  HISTORY   OF   EASTERN   VERMONT. 

the  direction  of  Captain  Payne,  Lieutenant  Hall,  as  prize-mas- 
ter, took  the  command  of  the  Spears,  with  orders  to  keep  com- 
pany with  the  Eagle.  For  this  purpose  he  was  furnished  with 
private  signals,  by  the  help  of  which  he  was  enabled  to  pursue 
the  prescribed  course  for  ten  days,  when  the  vessels  were  sepa- 
rated "  by  a  hard  gale  of  wind  and  foggy  weather."  Captain 
Payne,  in  the  Eagle,  succeeded  in  reaching  Boston,  and  on  his 
arrival  delivered  to  the  proper  authorities  Captain  Lamont  of 
the  Spears,  whom  he  had  taken  prisoner. 

Soon  after  the  Spears  separated  from  the  Eagle,  the  prisoners 
on  board  the  former  vessel  mutinied.  Lieutenant  Hall's  men 
were  so  few  in  number  that  they  were  unable  to  quell  the  dis- 
turbance, and,  on  the  13th  of  September,  he  was  deprived  of 
the  command  of  the  ship.  The  mutineers  then  held  a  long 
consultation,  and  agreed  to  make  for  Newfoundland  for  the 
purpose  of  procuring  provisions.  On  reaching  the  Banks,  they 
fell  in  with  a  brig  from  Falmouth,  England,  and  from  her  cap- 
tain, who  was  of  course  friendly  to  the  cause  of  Great  Britain, 
they  obtained  supplies.  From  Newfoundland  they  set  sail  for 
Glasgow.  On  arriving  at  that  port,  on  the  13th  of  October, 
Lieutenant  Hall  was  taken  into  custody  by  the  authorities  of 
the  city,  and  confined  in  prison.  Having  learned  that  the 
Mayor  of  Glasgow  was  a  free-mason.  Lieutenant  Hall  informed 
him  by  letter  that  he  was  a  member  of  that  brotherhood,  and 
craved  his  assistance.  He  soon  after  was  visited  by  the  mayor 
in  person,  who  obtained  for  him  an  extension  of  the  liberties  of 
the  prison  to  a  circuit  of  two  miles ;  provided  him  with  clothes 
and  writing  materials  ;  and  invited  him  to  dine  at  his  mansion. 
From  this  gentleman  Lieutenant  Hall  received  many  favors 
which  tended  to  lessen  the  tedium  of  durance,  and  he  ever 
after  retained  the  profoundest  sentiments  of  gratitude  and 
esteem  towards  his  noble  benefactor. 

On  the  fifth  of  April,  1Y77,  Captain  Lamont  of  the  Spears 
arrived  at  Glasgow,  and  Lieutenant  Hall  was  discharged  from 
imprisonment,  but  no  provision  was  made  to  enable  him  to 
procure  a  passage  home.  Finding  a  vessel  belonging  to  an 
American  citizen  and  engaged  in  the  revenue  service,  he  em- 
barked on  board  of  her,  and  at  the  Isle  of  Man,  and  at  White- 
haven also,  endeavored  to  obtain  a  passage  either  to  France  or 
the  West  Indies,  but  was  unsuccessful.  Returning  to  Scotland, 
he  took  passage  to  Ireland,  where,  according  to  his  own  declara- 
tion, he  "  found  the  people  very  kind  and  civil,  as  well  as  warmly 


UNSUCCESSFUL    APPLICATION    TO    CONGRESS.  661 

attached  to  tlie  American  cause."  Having  revealed  to  tliem 
Ills  circumstances  and  condition,  tliej  provided  for  him  "  in  a 
fjenteel  manner"  until  the  following  August,  when  he  sailed  in 
the  sliip  Glorious  Memory  for  the  West  Indies,  and  arrived  at 
Barbadoes  in  October.  Thence  he  took  passage  for  Antigua, 
and  from  that  port  sailed  to  St.  Eustatia.  Here  he  met  with 
Captain  Hinson  of  the  Duke  of  Grafton,  on  board  of  which 
vessel  he  sailed  for  Virginia.  "When  within  Capes  Charles 
and  Hemy,  the  Duke  of  Grafton  was  captured  on  the  28th  of 
December  by  the  St.  Albans,  a  British  man-of  war  of  sixty-four 
guns,  commanded  by  Robert  Onslow,  then  lying  in  Hampton 
road,  and  Lieutenant  Hall  was  again  made  prisoner.  During 
the  time  of  this  second  captivity,  which  lasted  but  ten  days,  his 
sufferings  on  board  the  St.  Albans  were  "  everything  that  Bri- 
tish insolence  and  cruelty  could  inflict,  short  of  actual  violence." 
Through  the  interposition  of  Patrick  Henry,  then  Governor  of 
"Virginia,  Lieutenant  Hall  was  exchanged,  and  having  been 
provided  by  his  Excellency  with  a  horse  and  money,  set  out  on 
his  journey  home. 

On  reaching  Pennsylvania,  his  money  being  exhausted,  he 
presented  a  memorial  to  Congress  on  the  23d  of  January,  1778, 
in  which  he  recounted  the  scenes  through  which  he  had  passed 
during  the  eighteen  months  preceding,  and  asked  either  for  a 
situation  on  a  continental  vessel,  or  means  sufficient  to  enable 
him  to  reach  Boston,  The  subject  was  referred  to  the  marine 
committee,  but  no  record  of  their  report  appears  on  the  pages 
of  the  Journals  of  Congress.  By  the  assistance  of  his  friends, 
and  his  "  utmost  exertions,"  he  reached  Barnstable  on  the  22d 
of  February  following.  For  these  services  he  afterwards 
endeavored  to  obtain  the  "  pay  allowed  by  the  then  naval 
establishment  to  officers  of  his  rank,"  but  failed  to  receive  the 
well-earned  reward.  Many  years  after  his  death.  Congress 
recognized  the  justice  of  the  claim  he  had  presented,  and 
awarded  to  his  descendants  a  portion  of  that  remuneration 
which  he  should  have  received  for  his  valuable  services  in 
behalf  of  his  country. 

On  returning  from  captivity,  Mr.  Hall  commenced  the  study 
of  law  at  Barnstable,  in  the  office  of  Shearjashub  Bourne. 
Here,  it  is  supposed,  he  remained  until  the  latter  part  of  the 
year  1782,  when  he  removed  to  Vermont.  At  Bennington, 
where  he  at  first  took  up  his  abode,  he  remained  but  a  short 
time.     In  the  year  1783  lie  was  at  "Westminster,  as  appears  by 


662  HISTOKY   OF   EASTERN   VERMONT. 

an  entry  in  the  records  of  the  Council  of  Vermont,  dated  on 
the  18th  of  October  in  that  year  at  Westminster,  and  signed  by 
him  as  secretary  j!>rc>  tempore.  On  the  13th  of  February,  1786, 
he  was  married  in  Boston,  by  the  Rev.  John  Chxrk,  to  Mary 
Homer,  of  that  place.*  He  afterwards  purchased  a  dwelling  on 
the  flat,  in  the  north  part  of  Westminster,  and  by  diligent  atten- 
tion to  his  profession,  obtained  a  good  practice  and  an  honora- 
ble reputation.  He  was  chosen  to  represent  the  town  in  which 
he  resided,  in  the  General  Assembly,  at  the  sessions  in  1789, 
1791,  1792,  and  1808.  With  Paul  Brigham,  Samuel  Hitch- 
cock, and  Lemuel  Chipman,  he  was  appointed  a  presidential 
elector  by  the  General  Assembly,  at  their  session  in  1792,  and, 
with  his  colleagues,  cast  the  vote  of  the  state  for  George  Wash- 
ington and  John  Adams.  By  an  act  of  the  General  Assembly, 
passed  on  the  1st  of  November,  1800,  incorpojating  Middle- 
bury  college,  he  was  constituted  a  fellow  of  that  institution,  and 
served  in  that  capacity  until  the  time  of  his  death.  In  1799 
he  was  a  member  of  the  Council  of  Censors,  and  for  seven 
years — from  1794  to  1801 — was  a  judge  of  the  Supreme  court 
of  the  state. 

While  holding  this  latter  position,  he  discharged  the  duties 
of  his  office  with  great  fideUty  and  credit.  A  charge  delivered 
by  him  to  the  grand  jurors  of  Windham  county,  at  a  session 
of  the  Supreme  court,  held  at  JSTewfane  in  the  year  1798,  was 
described  in  the  "  Farmer's  Museum,"  a  celebrated  newspaper 
of  that  period,  as  a  production  "  replete  with  sound  principles 
and  the  very  essence  of  federalism,"  and  "  honourable  to  its 
author  as  a  politician,  as  a  scholar,  and  as  an  ardent  federalist." 
"At  this  juncture,"  observed  the  editor  of  the  same  journal, 
"  we  conceive  that  charges  of  such  a  complexion,  coming  from 
the  grave  authority  of  a  judge,  are  eminently  impressive,  con- 
vincing, and  useful."  At  a  session  of  the  Supreme  court  held 
in  Windham  county,  during  the  month  of  August,  1800,  Judge 
Hall  again  charged  the  grand  jury  in  an  able  and  eloquent 

*  At  the  time  of  her  marriage,  Miss  Homer,  who  was  an  orphan,  was  only  fif- 
teen years  of  age.  Under  the  title  of  "  A  True  Story,"  a  very  romantic  account 
of  the  circumstances  attending  her  courtship  and  marriage  appeared  in  the 
"  Herald  of  Freedom,"  in  December,  1789.  In  this  narrative,  Ophelia  represents 
Miss  Homer ;  Lysander,  Mr.  Hall ;  and  Alphonso  a  disappointed  lover.  The 
''True  Story"  was  copied  into  the  "Barnstable  Journal"  in  August,  1829,  and 
was  reprinted  in  the  "Troy  Daily  Post"  on  the  21st  of  February,  1845.  Mrs. 
Hall  outlived  her  husband  many  years,  and  died  on  the  2l8t  of  February,  1843, 
aged  seventy-two  years. 


ELOQUENT  EULOGY  OX  WASHINGTON.  663 

manner.  His  address  on  this  occasion  M-as  subsequently  pub- 
lished at  their  request.  In  the  course  of  his  remarks,  he  ad- 
verted to  the  character  of  Washington,  whose  death  had  lately 
occurred,  in  these  words  : — 

"  Our  country  has  sustained  an  irreparable  loss  by  the  death 
of  this  greatest  and  best  of  men.  To  bestow  on  him  the  epithet 
of  great,  would  be  but  common  praise.  His  name  alone  ex- 
presses enough.  The  simple  name  of  Washington  will  be 
remembered  with  veneration  and  respect  by  posterity,  when  all 
the  titles  of  human  greatness  and  distinction  have  sunk  beneath 
the  stroke  of  time.  All  our  orators  and  poets  have  vied  with 
each  other  to  do  justice  to  his  merit,  and  sacred  and  profane 
history  have  been  ransacked  to  find  his  equal.  When  the 
parallel  has  been  drawn  between  him  and  Moses  or  Solomon  in 
sacred  history,  or  between  him  and  the  greatest  characters, 
both  ancient  and  modern,  that  profane  history  can  boast,  they 
appear  but  diminished  spectres.  His  deserved  fame  eclipses 
every  other  name 

"  His  character  in  private  as  well  as  public  life,  is  without  a 
blemish.  He  seems  to  have  possessed  every  accomplishment 
which  makes  a  man  either  amiable  or  estimable.  His  senti- 
ments of  religion  were  noble  and  elevated.  His  regard  for 
Christianity  was  evidenced  by  a  respectful  attendance  on  its 
instituted  forms  of  worship,  and  by  treating  with  equal  candor 
and  indulgence  all  denominations,  mthout  preferring  one  to 
the  other.  His  gentle  and  amiable  disposition  endeared  him 
to  his  private  friends.  His  graceful  manners  engaged  him  the 
affections  of  all  orders  of  the  people.  He  was  one  of  the  most 
accompHshed  men  of  the  age,  and  possessed  all  the  great  quali- 
ties both  of  body  and  mind,  natural  and  acquired,  which  could 
fit  him  for  the  high  station  to  which  he  attained.  Tlie  aflability 
of  his  address  encouraged  those  who  might  be  overawed  by  the 
sense  of  his  dignity  and  wisdom.  Though  he  often  indulged 
his  facetious  humor,  he  knew  how  to  temper  it  with  discre- 
tion, and  ever  kept  at  a  distance  from  all  indecent  familiarities 
with  those  about  him.  He  loved  and  practised  the  virtues  of 
domestic  life,  which  seldom  hold  their  residence  among  the 
great.  He  was  chaste  and  temperate,  enjoying  without  excess 
the  social  pleasures  of  the  table.  All  his  titles  of  greatness 
were  adorned  by  the  tender  name  of  a  faithful  husband  and 
an  indulgent  parent,  for,  though  childless  himself,  he  embraced 
as  his  own  the  children  of  his  brother  and  sister,  and  the  ex- 


664  HISTORY    OF   EASTERN   VERMONT. 

pressions  of  his  regard  were  extended  to  the  most  distant  and 
obscure  branches  of  his  numerous  kindred.  His  familiar  friends 
were  judiciously  selected.  He  respected  the  good  and  the  vir- 
tuous, who  with  the  innocent  were  rewarded  by  his  judicious 
liberality,  while  the  more  diffusive  circle  of  his  benevolence 
was  circumscribed  only  by  the  limits  of  the  human  race. 

"  When  not  engaged  in  war,  he  cultivated  the  arts  of  peace. 
That  he  delighted  in  farming,  is  evident  from  his  following  the 
plough  in  his  native  soil,  and  from  the  great  improvements  he 
made  in  every  branch  of  agriculture.  That  he  wished  to  be 
■useful  in  ordinary  life,  was  evidenced  by  his  acting  as  a  mem- 
ber of  assembly,  a  magistrate,  and  sitting  as  a  common  juror  in 
a  court  of  j  ustice,  in  the  county  where  he  resided.  "Washing- 
ton was  not  stimulated  by  avarice,  fired  by  ambition,  nor  did 
he  thirst  for  conquest.  It  should  ever  be  remembered  that  he 
was  never  engaged  in  any  offensive  war.  "  His  whole  military 
career  is  rendered  more  glorious  and  resplendent,  when  it  is 
considered  that  he  always  fought  in  defence  of  his  country.  His 
mild  disposition  was  ever  respected  by  the  good  and  virtuous, 
while  the  vigor  of  his  character  struck  terror  into  the  degene- 
rate and  guilty.  No  more  lives  were  sacrificed  under  his  com- 
mand, than  the  fate  of  war  rendered  inevitable.  Although  he 
always  considered  the  exercise  of  strict  justice  as  the  most 
important  duty  of  his  official  life,  yet  the  exercise  of  mercy  was 
his  most  delightful  employment.  Should  his  enemies  doubt 
this,  I  call  on  them  to  read,  if  they  can,  without  emotion,  his 
letter  to  Captain  Asgill,  containing  the  pleasing  yet  unexpected 
tidings  of  his  enlargement  from^  what  he  had  long  dreaded  as 
a  dismal  confinement. 

"  Heaven  seems  to  have  sent  him  upon  earth,  to  serve  at 
once  as  an  example  of  that  perfection  of  which  human  nature 
is  capable,  and  of  that  happiness  it  may  enjoy  in  private  life — 
and  at  the  same  time,  to  have  liberally  endowed  him  with  those 
public  virtues,  which  sometimes  raise  human  nature  above 
itself.  In  short,  nothing  seems  wanting  to  grace  the  perfection 
of  his  character.  He  sustained  adversity  with  firmness,  and 
prosperity  with  moderation.  Tlie  power  and  sublimity  of  his 
genius  transcended  the  fame  of  Csesar,  and  his  consummate 
wisdom  and  prudence,  that  of  Augustus.  His  superiority  in 
peace,  as  well  as  in  war,  has  been  acknowledged  by  all,  and 
even  his  enemies  have  confessed,  with  a  sigh,  his  great  and 
shining  accomplishments,  and  that  he  loved  his  country  and 


JUDGE  hall's  chakactee.  665 

deserved  the  empire  of  the  world.  Though  we  cannot  expect 
to  reach  the  transcendent  height  of  his  public  honors  and  mili- 
tary glory,  yet  with  respect  to  the  exercise  of  his  private  and 
domestic  virtues,  we  may  in  some  measure  be  imitators  of  him. 
Let  us,  then,  copy  his  bright  example.  Let  us  live  and  act  as 
he  advises,  and  in  this  way  shall  we  more  convincingly  evi- 
dence our  regard  for  his  memory,  than  we  should,  were  we  daily 
to  repair  to  his  sepulchre,  and  bedew  with  tears  of  sincere 
regret,  that  stupendous  monument  of  our  country's  salvation." 

"While  attending  the  General  Assembly,  during  their  session 
at  Montpelier,  in  the  autumn  of  1808,  Judge  Hall  was  seized 
with  a  violent  catarrhal  affection  which  assumed  an  incurable 
form,  and  caused  his  death  on  the  17th  of  May,  1809.  In  his 
"  Descriptive  Sketch"  of  Vermont,  published  in  1797,  Dr.  John 
A.  Graham  observes  of  Mr.  Hall : — He  "  is  one  of  the  judges 
of  the  Supreme  court,  which  office  he  fills  in  such  a  manner  as 
to  reflect  honour,  even  on  so  important  a  station.  His  memoiy 
is  so  wonderfully  tenacious,  as  to  make  him  master  of  every 
subject  he  reads  or  hears,  and  to  enable  him  to  recapitulate 
them  without  the  slightest  hesitation  or  previous  study."  As  a 
friend,  Mr.  Hall  was  constant,  confiding,  and  generous.  As  a 
citizen,  patriotic,  public-spirited,  and  liberal.  As  a  husband, 
obhging,  affectionate,  and  gentle.  He  was  ever  ready  to  assist 
the  poor  in  their  misery,  and  the  afflicted  in  their  suffering. 
Nothing  aroused  more  fully  his  resentment  than  the  oppression 
of  the  weak  by  the  strong.*  His  legal  abilities  were  of  a  high 
order,  and  were  well  suited  to  the  times  in  which,  and  the  peo- 
ple among  whom  he  lived.  "While  on  the  bench,  his  opinions 
were  prepared  with  deliberation,  and  his  decisions  were  ever 
based  in  justice  and  right.  His  fund  of  anecdote  was  great, 
and  a  memory  of  surpassingly  retentive  powers  enabled  him  to 
call  up  on  any  occasion,  incidents  illustrative  of  whatever  topic 
might  be  under  consideration.     This  remarkable  faculty,  com- 

*  An  instance  of  his  readiness  to  espouse  the  cause  of  the  oppressed  was  seen 
in  the  attempt  which  he  made — at  a  meeting  of  the  "  church  of  Christ"  in  West- 
minster, held  on  the  27th  of  May,  1795 — to  defend  Mrs.  Bethiah  Holton,  a  mem. 
ber  of  that  church,  against  whom  he  thought  an  undue  severity  was  being  exer- 
cised, on  account  of  her  avowal  of  the  belief  "that  all  mankind  will  finally 
be  restored  to  the  Divine  favor  tlirough  the  sufferings,  death,  and  atonement  of 
Christ."  An  account  of  the  proceedings  on  this  occasion,  and  a  report  of  Judge 
Hall's  remarks,  were  published  in  the  "  Farmer's  Weekly  Museum,"  on  the  'id  of 
June,  and  the  7th  of  July,  1795,  and  in  the  "  Rural  Magazine :  or  Vermont  Repo- 
sitory," for  June,  1795. 


666  HISTORY   OF   EASTERN   VERMONT. 

bined  with  an  extensive  experience  of  men  and  things,  and  an 
affable  disposition,  rendered  his  conversation  not  only  agreeable 
but  instructive.  Though  dying  in  the  fifty-third  year  of  his 
age,  his  life  was  an  active  one,  and  his  personal  and  political 
influence  was  felt  and  acknowledged  in  the  community  in 
which  he  resided.* 


THOMAS   JOHNSON. 

In  the  year  1Y62,  Thomas  Johnson,  then  in  the  twenty-first 
year  of  his  age,  removed  from  Ilampstead,  New  Hampshire, 
to  Newbury  on  the  New  Hampshire  Grants.  In  the  service 
of  Col.  Jacob  Cay  ley  he  was  entrusted  with  the  care  of  that 
gentleman's  lands,  which  were  situated  on  the  west  side 
of  the  Connecticut,  and  were  subsequently  comprised  within 
the  limits  of  Newbury.  The  charter  of  Newbury  was  granted 
by  Benning  Wentworth,  on  the  IStli  of  March,  1763,  and  in 
the  same  year  Mr.  Johnson  became  a  resident  of  the  town,  and 
there  purchased  lands.  At  this  time  there  was  no  road  in  any 
direction  leading  from  Nev^bury,  and  bread-stuffs  and  all  arti- 
cles of  furniture,  agriculture,  and  consumption,  were  brought 
on  horseback  from  the  head  waters  of  the  Merrimac,  or  in  boats 
from  Charlestown,  eighty  miles  below.  The  new  settlement 
rapidly  increased  in  population,  and  its  rich  acres  were  soon 
converted  into  well-cultivated  farms.  In  the  summer  of  1Y75, 
Mr,  Johnson,  who  then  owned  large  tracts  of  land,  and  had 
become  a  successful  merchant,  built  for  the  accommodation  of 
himself  and  family,  a  large  house,  which  is  still  standing,  and 
which  even  at  this  day,  is  one  of  the  best  and  most  spacious 
dwellings  in  the  town. 

At  the  commencement  of  the  Revolution,  the  inhabitants  of 
Newbury,  who  were  nearly  all  Whigs,  held  a  town  meeting, 

*  Journals  Am.  Cong.,  ed.  1823,  i.  119,  238,  240.  Sparks's  Writings  of  "Wash- 
ington, iiL  270.  Almon's  Renaembrancer,  ii.  353:  iii.  130:  iv.  264,  317.  House 
Documents  of  26th  Cong.,  let  session.  No.  68.  Deming's  Cat.  of  Vt.  Officers,  pas- 
sim. Thomas's  (Mass.)  Spy,  Dec.  13th,  1792,  No.  1028.  Farmers'  Weekly  Mu- 
seum, or  New  Hampshire  and  Vermont  Journal,  Walpole,  N.H.,  Sept.  3d,  1798, 
Farmers'  Museum,  or  Literary  Gazette,  Walpole,  N.  H.,  August  18th  and  25th, 
1800.  Graham's  Vt.,  p.  111.  Beckley's  Hist.  Vt,  p.  124.  Acts  and  Laws  Vt. 
1800,  pp.  36-40.     Ante,  p.  453. 


SERVICES   OF   THOMAS   JOHNSON. 


m 


and  in  the  most  deliberate  manner  declared  themselves  inde- 
pendent of  Great  Britain,  and  entered  the  declaration  in  the 
records  of  the  town.  During  the  latter  part  of  March  and  tliie 
early  part  of  April,  1776,  Mr.  Johnson  traced  out  on  foot, 
through  an  unbroken  wilderness  and  the  melting  snows  of  spring, 
a  path  for  a  military  road  from  Newbury  to  St.  John's.  His 
journal  of  the  survey  was  sent  to  General  Washington.  The 
object  of  this  examination  was  to  ascertain  a  practicable  and 
short  route  for  the  invasion  of  Canada.  Several  other  explora- 
tions of  a  similar  character  were  made  at  this  period,  but  cir- 
cumstances never  afterwards  favored  an  expedition  which  was 
60  strongly  desired,  so  long  contemplated,  and  once  actually 
organized  under  La  Fayette.  In  the  year  1777,  Mr.  Johnson  at 
that  time  holding  a  captain's  commission,  raised  and  took  the 
command  of  a  company,  which  served  under  General  Lincoln, 
whose  head-quarters  were  at  Manchester.  "With  this  distin- 
guished officer.  Captain  Johnson  was  for  some  time  connected 
as  aid-de-camp.  In  September  of  the  same  year.  General  Lin- 
coln sent  five  hundred  men,  of  whom  Captain  Johnson^s  com- 
pany formed  a  part,  to  reconnoitre  Ticonderoga  and  Mount 
Independence.  The  former  post  was  taken,  and  the  latter  was 
besieged  for  several  days. 

In  a  letter  to  his  wife,  dated  the  12th  of  September,  1777,  in 
camp,  near  Mount  Independence,  Captain  Johnson  observed : — 
"  I  have  had  little  sleep  these  three  nights,  for  the  roaring  of 
cannon  and  the  cracking  of  guns  are  continually  in  our  ears. 
I  must  say  that  I  felt  ugly  when  I  first  heard  the  firing.  I  have 
had  but  few  chances  of  firing  my  gun  at  the  enemy.  "When  I 
fired  the  first  time,  they  gave  me  three  for  one.  The  cannon- 
balls  and  the  grape-shot  rattle  like  hail-stones,  but  they  don't 
kill  men.  I  don't  feel  any  more  concerned  here,  than  I  did  at 
home  in  my  business."  Of  the  prisoners  taken  at  Crown  Point 
during  this  expedition,  one  hundred  were  placed  in  the  charge 
of  Captain  Johnson,  who  conducted  them  to  Charlestown,  New 
Hampshire,  where  he  delivered  them  to  a  continental  officer, 
who  led  them  into  country  quarters.  Captain  Johnson  then 
returned  to  Newbury,  where  he  was  actively  employed  for 
the  next  four  years  in  improving  his  estate.  During  this  period 
he  was  honored  by  the  Assembly  of  New  York  with  a  lieute- 
nant-colonel's commission  in  the  militia.  On  account  of  his  par- 
ticipation in  the  transactions  at  Ticonderoga,  Colonel  Johnson 
was  narrowly  watched  by  the  British,  who  sought  to  take  him. 


668  HISTORY   OF   EASTERN   VERMONT. 

The  method  of  his  capture  on  the  morning  of  the  8th  of  March, 
1781,  while  at  Peacham,  and  the  treatment  he  received  during 
his  detention  in  Canada,  have  been  ah-eady  detailed.*  On  the 
5th  of  October  following,  he  was  released  on  parole  of  honor, 
having  first  pledged  his  faith  to  General  Haldimand  in  a  writ- 
ten agreement,  that,  until  he  should  be  "  legally  exchanged," 
he  would  "  not  do  or  say  anything  contrary  to  his  Majesty's 
interest  or  government,"  and  would  "  repair  to  whatever  place 
his  Excellency  or  any  other,  his  Majesty's  commander-in-chief 
in  America,"  should  designate.  This  parole  was  the  cause  of 
great  trouble  and  anxiety  to  him  during  the  year  1782.  He 
sometimes  received  visits  from  spies,  with  whom,  on  account 
of  his  peculiar  relations  with  the  enemy,  he  was  obliged  to  hold 
communication.  A  knowledge  of  an  intercourse  of  this  nature 
subjected  him  to  suspicion  as  a  traitor,  and  rendered  his  situa- 
tion very  unpleasant.  To  free  himself  from  an  imputation  so 
galling  to  his  honor  and  patriotism,  he  communicated  to  Gene- 
ral Washington  all  the  information  he  had  obtained  during  his 
captivity,  concerning  the  designs  of  the  British ;  detailed  to  him 
the  measures  he  had  taken  to  gain  his  liberty  ;  revealed  to  him 
his  motives  for  adopting  the  course  he  had  pursued  since  his 
return  from  Canada  ;  enclosed  him  a  copy  of  the  agreement  he 
had  made  with  General  Haldimand;  and  prayed  that  some 
means  might  be  taken  to  effect  his  exchange,  and  restore  him 
to  perfect  freedom. 

Furnished  with  letters  of  introduction  from  the  Hon.  Meshech 
Weare,  President  of  New  Hampshire,  and  N'athaniel  Peabody, 
a  respected  citizen  of  that  state.  Colonel  Johnson  visited  Gene- 
ral Washington  in  the  latter  part  of  the  year  1782.  The  result 
of  this  interview  is  not  known.  It  is  certain,  however,  that 
the  conduct  of  Colonel  Johnson  met  with  the  full  approbation 
of  General  Washington.  Fearing  that  he  should  be  recalled  to 
Canada,  Colonel  Johnson  absented  himself  from  home,  and  did 
not  return  until  after  the  20th  of  January,  1783,  the  date  of  the 
declaration  of  peace.  On  one  occasion,  and  while  subjected  to 
his  parole,  he  was  informed  that  the  British  had  laid  a  plan  to 
capture  his  friend  and  neighbor.  Gen.  Jacob  Bayley.  At  the 
risk  of  his  own  life  and  liberty,  he  forewarned  the  General  of 
his  danger,  and  enabled  him  to  escape  it.  Among  the  gentle- 
men with  whom  he  was  in  correspondence,  and  for  whom  he 

*  See  ante,  pp.  404-408. 


JOSEPH   KELLOGG.  669 

procured  intelligence  concerning  the  Britisli,  was  Capt.  Ebene- 
zer  Webster,  of  Salisbury,  New  Hampshire,  the  lather  of  Daniel 
Webster,  who  in  the  year  1782  commanded  the  militia  raised 
for  the  protection  of  the  northern  frontiers,  and  was  stationed 
for  a  time  at  Newbury. 

The  patriotism  of  Colonel  Johnson,  though  subjected  to  many 
severe  trials,  was  ever  pure  and  perfect,  and  his  worth  and  in- 
tegrity were  undoubted.  He  possessed  the  entire  confidence 
of  his  fellow-townsmen,  and  represented  them  in  the  General 
Assembly  of  Vermont,  during  the  years  1786, 1787, 1788,  1789, 
1790, 1795, 1797, 1799, 1800,  and  1801.  He  was  bom  in  Haver- 
hill, Massachusetts,  on  the  22d  of  March,  1732,  O.  S.,  and 
died  at  Newbury  on  the  4th  of  January,  1819,  at  the  age  of 
seventy-seven  years.  His  father  was  John  Johnson,  who  was 
born  in  Haverhill,  Massachusetts,  on  the  15th  of  November, 
1711.  His  great-great-grandfather  was  William  Johnson,  who 
in  the  year  1634  or  1635  was  one  of  the  founders  and  proprie- 
tors of  Charlestown,  Massachusetts,  and  who  emigrated  from 
Heme  Hill,  in  the  county  of  Kent,  England.  Edward  John- 
son, a  brother  of  William,  was  a  proprietor  and  founder  of 
Woburn,  Massachusetts,  and  was  the  author  of  a  quaint  history 
of  the  colony,  which  has  now  become  a  rare  work.* 


JOSEPH    KELLOGG. 

When  the  town  of  Deerfield  was  destroyed  by  the  Indians,  on 
the  29th  of  February,  1703,  Joseph  Kellogg,  then  a  lad  of 
twelve,  with  his  brother  Martin  Jr.,  and  his  sisters  Joanna  and 
Rebecca,  was  taken  captive  and  carried  to  Canada.  Here  he 
remained  with  the  Indians  a  year,  and  was  then  delivered  to 
the  French,  with  whom  he  spent  the  ten  years  succeeding. 
During  this  time  he  travelled  with  traders,  and  by  participating 
in  their  negotiations,  not  only  acquired  the  French  language, 
but  the  tono-ues  of  all  the  tribes  of  Indians  with  which  the 
French  were  engaged  in  traffic.  Of  the  dialect  of  the  Mohawks 
his  knowledge  was  especially  thorough.     In  this  manner,  to  use 

*  MSS.  in  the  possession  of  the  Johnson  family.  Powers's  Hist  Sketches  of  the 
Coos  Country,  pp.  48,  180,  181,  194-221.  Deming's  Cat.  of  Vt.  Officers,  passim, 
Graham's  Descriptire  Sketch  of  Yt.,  p.  149. 


670  HISTORY   OF   EASTERN   VERMONT. 

his  own  expressions,  he  "  got  into  a  veiy  good  way  of  business, 
so  as  to  get  considerable  of  moneys  and  other  things,  and  hand- 
somely to  support  himself,  and  was  under  no  restraint  at  all." 
Yielding  to  the  solicitations  of  his  brother,  and  encouraged  by 
Colonel  Stoddard  and  Mr.  "Williams,  he  returned  home  in  the 
year  1714,  and  two  years  later  was  placed  in  the  pay  of  govern- 
ment. Thus  did  he  obtain  a  livelihood  until  the  year  1722, 
when  he  was  employed  by  the  province  of  Massachusetts  Bay 
to  perform  journeys  to  Canada,  Albany,  and  other  distant 
places.  Of  his  more  specific  duties  there  still  remain  a  few  data, 
which,  it  is  reasonable  to  suppose,  may  be  regarded  as  rehable. 
In  1722,  he  commanded  a  company  of  ten  men  at  Northfield. 
It  also  appears  by  a  memorandum  dated  the  26th  of  July,  in 
the  same  year,  that  he  was  a  lieutenant  under  Samuel  Barnard, 
and  acted  also  as  an  interpreter.  He  was  captain  of  a  com- 
pany at  Deerfield  in  1723,  and  of  another  at  Siiffield,  Connecti- 
cut, from  November,  1723,  to  May,  1724.  On  the  9th  of 
November,  1723,  he  was  ordered  to  scout  on  the  northern  fron- 
tier of  Hampshire  county.  His  skill  in  Indian  signals,  and 
modes  of  ambush  and  warfare,  enabled  him  to  meet  the  savage 
foe  on  terms  almost  equal.  In  obedience  to  a  command  dated 
the  22d  of  May,  1724,  Colonel  Kellogg,  as  he  was  then  desig- 
nated, attended  an  Indian  conference  at  Albany,  in  company 
with  Colonel  Stoddard.  In  the  same  year  he  sent  out  several 
scouting  parties,  of  whose  routes  and  doings  he  preserved  a 
journal,  which  he  afterwards  sent  to  Lieut.-Gov.  "William  Dum- 
mer.  As  a  specimen  of  documents  of  this  kind,  it  is  here  in- 
serted : — 

"  May  it  please  your  Honour. 

"  These  wait  upon  your  Honour,  to  present  my  humble  Duty 
to  you,  and  acquaint  you  with  my  proceedings.  Pursuant  to 
your  order,  I  have  sent  out  several  scouts,  an  account  of  w°  I 
here  present  your  Honour  with. 

"  The  first  on  November  30,  w°  went  on  y®  west  side  of  Con- 
necticut Kiver,  and  crossing  y^  "West  Kiver  went  up  to  y® 
Great    Falls  and   returned,  making    no   discovery  of    any 
■  Enemy. 

"  Tlie  next  scout  went  up  y®  "West  River  6  miles,  and  then 

crossed  y®  wood  up  to  y®  Great  Falls,  and  returned,  making 

no  discovery  of  any  new  signs  of  an  enemy. 

"  The  next  scout,  I  sent  out  west  from  Northfield  about  12  miles 

and  from  thence  northward,  crossing  "West  River  thro  y® 


UNIQUE   DOCUMENT.  671 

woods ;  then  steering  east,  they  came  to  y^  Canoo  place  about 
16  or  17  miles  above  Northiield. 
"  The  next  scout  I  sent  out  northwest,  about  6  miles,  and  then 
they  steered  north  until  they  crossed  West  River,  and  so  thro 
y^  woods  to  y®  Great  Meadow  below  y*  Great  Falls,  then  they 
crossed  Connecticut  River  and  came  down  on  y®  East  side 
untill  they  came  to  Northfield  without  any  new  Discovery^ 
this  Meadow  being  about  32  miles  from  i^orthfield. 
"  The  next  scout  I  sent  up  y*  West  River  Mountain,  and  there 
to  Lodge  on  y®  top  and  view  Evening  and  Morning  for 
smoaks,  and  from  thence,  up  to  y®  mountain  at  y*  Great  Falls 
and  there  also  to  Lodge  on  y*  top  and  view  morning  and 
evening  for  smoaks ;   but  these  making  no  discovery,  re- 
turned. 
"  The  next  scout,  I  sent  up  y*  "West  River  5  miles  and  then 
north  till  they  came  upon  Sextons  River,  6  miles  from  y® 
mouth  of  it,  w*  empties  it  self  at  y*  foot  of  y^  Great  Falls, 
and  then  they  came  down  till  they  came  to  y®  mouth  of  it, 
and  so  returned,  but  made  no  discovery  of  any  enemy. 
"  I  have  here  given  your  Honour  a  true  account  of  the  several 
scouts  I  have  sent  out,  and  I  should  have  sent  out  many  more, 
but  y*  great  difficulty  of  high  water  and  unfavorable  weather, 
and  very  slippery  going  and  snow,  has  prevented  any  greater 
proceedings  therein." 

Finding  that  these  employments,  though  necessary  and  labo- 
rious, scarcely  affi^rded  him  the  means  of  living,  he  petitioned 
the  General  Com-t  of  Massachusetts,  on  the  4th  of  January, 
1727,  for  "  some  reward  or  assistance."  In  answer  to  his 
prayer,  a  grant  was  made  him  of  two  hundred  acres  of  the  un- 
appropriated lands  in  the  county  of  Hampshire.  Li  the  same 
year,  Fort  Dummer  was  converted .  into  a  garrisoned  trading- 
house,  and  the  charge  of  it  was  given  to  Captain  Kellogg. 
Here  he  remained  as  commander  and  truck-master  until  the 
year  174:0.  But  these  employments  did  not  hinder  him  from 
engaging  in  others.  He  was  appointed  on  the  19th  of  October, 
1733,  with  Timothy  Dwiglit  and  WilUam  Chandler,  to  lay  out 
the  townships  at  Pequoiag,  and  on  Ashuelot  river  in  New 
Hampshire.  In  the  year  1736,  he  received  a  warrant  to  act  as 
interpreter  for  the  Bay  province  to  the  Indian  nations,  which 
warrant  was  confirmed  by  a  more  specific  commission,  dated  in 
1740.  From  this  time  until  the  year  1749,  he  received  pay 
from   the  Fort    Dummer   establishment  as  interpreter,  and, 


672  HISTORY    OF   EASTERN    VERMONT. 

according  to  his  own  candid  statement,  "  acted  as  such  with 
great  fidelity,  and  to  the  acceptance,  as  he  hopes,  of  the  govern- 
ment." He  was  present  at  the  Indian  conference  held  at  the 
fort,  on  the  5th  and  6th  of  October,  1737,  and  bore  an  import- 
ant part  in  the  transactions  of  that  occasion.  From  1749  until 
1753,  he  was  variously  occupied,  but,  as  it  appears  from  a  peti- 
tion dated  on  the  30th  of  May,  in  the  latter  year,  had  not  at 
that  time  received  pay  for  his  services  during  the  four  years 
preceding.  He  was  also  employed  for  fifteen  months  as  an 
interpreter  in  the  school  which  was  established  by  the  Rev. 
John  Sergeant  and  Ephraim  "Williams,  Esqr.,  at  Stockbridge, 
foi*  the  education  of  Indian  youths.  In  the  year  1754,  he  was 
present  at  the  celebrated  Albany  treaty,  "  which  was  attended 
by  a  greater  number  of  respectable  personages,  from  the  seve- 
ral provinces  and  colonies,  than  had  met  upon  any  similar  occa- 
sion." 

His  services  in  behalf  of  government  do  not  seem  to  have 
met  with  the  reward  they  merited,  and  a  petition  presented  by 
him  to  the  General  Court,  on  the  29th  of  May,  1765,  shows 
that  the  arrearages  for  which  he  had  asked  two  years  before, 
had  not  yet  been  paid  him.  In  the  year  1756,  though  broken 
in  health,  and  at  the  age  of  sixty-six,  he  was  persuaded  by 
General  Shirley  to  accompany  him  as  an  interpreter  to  Oswego. 
The  fatigue  incident  to  the  undertaking  proved  too  great  for  his 
enfeebled  constitution,  and  he  died  before  the  completion  of  the 
journey,  and  was  buried  at  Schenectady.  "  He  was  the  best 
interpreter  in  his  day  that  'New  England  had,"  observes  the 
Kev.  Gideon  Hawley,  "  and  was  employed  upon  every  occa- 
sion."    It  is  supposed  he  was  born  in  Suffield,  Connecticut. 

Martin  Kellogg  Jr.,  the  brother  of  Joseph,  well  known  by 
the  name  of  Captain  KeUogg,  and  who  was  captured  at  the 
burning  of  Deerfield  and  taken  to  Canada,  escaped  from  Mon- 
treal in  company  with  three  others,  in  May  or  June,  1705,  and 
returned  home.  In  the  month  of  August,  1708,  while  on  a 
scouting  expedition  to  White  river,  in  the  present  state  of  Ver- 
mont, he  was  again  taken  prisoner  by  the  Indians,  but  succeeded 
in  discharging  his  gun  and  wounding  one  of  his  enemies  in  the 
thigh  before  his  capture.  He  was  a  second  time  conveyed  to 
Canada,  and  during  his  life  was  compelled  on  several  occasions 
to  make  involuntary  journeys  of  a  similar  nature,  to  that  pro- 
vince. He  was  remarkable  for  his  courage  and  bodily  strength, 
and  many  stories  were  related  of  his  feats  and  exploits  in  early 


SAMUEL    KNIGHT.  673 

life.  Like  his  brother,  he  was  employed  in  the  mission  school 
at  Stockbridge,  where  it  is  believed  his  labors  were  acceptable- 
He  lived  at  Newington,  near  Farmington,  in  Connecticut, 
where  it  is  supposed  he  died,  about  the  year  1758.  It  is  not 
known  at  what  time  Joanna,  one  of  the  sisters  of  Joseph  and 
Martin,  returned  home.  The  other  sister,  Rebecca,  who  was 
about  three  years  old  at  the  time  of  her  capture,  resided  among 
the  Canghnawagas  in  Canada,  until  she  was  a  maiden  grown. 
On  her  return,  she  became  the  wife  of  Benjamin  Ashley.  In 
the  year  1753,  when  Mr. — afterwards  the  Rev. — Gideon  Ilaw- 
ley,  of  Marshpee,  was  employed  with  others,  to  visit  the  Indians 
at  Onohoghgwage  or  Oquago,  now  the  town  of  Windsor,  in 
Broome  county,  New  York,  she  accompanied  the  mission,  and 
was  regarded  as  "  a  very  good  sort  of  woman,  and  an  extraor- 
dinary interpreter  in  the  Iroquois  language."  She  resided  at 
Onohoghgwage  until  the  time  of  her  death,  which  took  j)lace 
in  Augnst,  1757,  and  was  buried  at  that  place.  She  was  much 
lamented  by  the  Indians.     Her  Indian  name  was  Wausaunia.* 


SAMUEL   KNiaHT 

OCCUPIED  a  position  of  great    ^.^^/^^-^f^ ^f6^y^'r''^^^t^ 

influence  and  high  respecta-  ^ 

bility  among  the  lawyers  who  practised  at  the  bar  of  Cumber- 
land county  prior  to  the  Revolution.  His  commission  as  an 
attorney-at-law  in  "his  Majesty's  courts  of  record"  in  that 
county,  was  dated  the  23d  of  June,  1772.  The  only  appoint- 
ment which  he  held  under  the  province  of  New  York,  was  that 
of  commissioner  to  administer  oaths  of  office.  This  he  received 
on  the  18th  of  February,  1774.  Pie  was  present  at  the  afi'ray 
which  occurred  at  Westminster  on  the  13th  of  March,  1775, 
At  the  inquest  which  was  held  on  the  body  of  William  French, 
who  was  shot  on  that  occasion,  he,  with  four  others,  was  de- 
clared guilty  of  his  death.     The  conduct  of  Mr.  Knight  imme- 

*  Journals  Gen.  Court  Mass.  Bay,  Tpassim.  MSS.  in  office  Sec.  State  Mass. 
Mass.  Hist.  Coll.,  iv.  67 :  x.  143.  Biog.  Mem.  of  Rev.  John  Williams,  pp.  84,  118 
Hist.  West.  Mass.,  i.  158.  Doc.  Hist.  N.  Y.,  iii.  1033-1046.  Hoyt's  Indian  Wars, 
pp.  195,  199. 

43 


674  HISTORY    OF    EASTERN    VERMONT. 

diately  after  this  event,  is  described  in  a  foot-note  to  that  most 
entertaining  tale,  bj  the  Hon,  Daniel  P.  Thompson,  entitled 
"  The  Rangers  ;  or  the  Tory's  Daughter."  The  facts  narrated 
in  this  foot-note  rest  on  the  anthority  of  "  an  aged  and  distin- 
guished early  settler"  of  Vermont,  and  are  given  in  his  own 
words  : — "  I  have  heard  Judge  Samuel  Knight  describe  the 
trepidation  that  seized  a  portion  of  the  community,  when,  after 
the  massacre,  and  on  the  rising  of  the  surrounding  country, 
they  came  to  learn  the  excited  state  of  the  populace.  He 
related  how  he  and  another  member  of  the  bar  (Stearns,  I 
think,  who  was  afterwards  attorney-secretary  of  Nova  Scotia) 
hurried  down  to  the  river,  and  finding  there  a  boat  (such  as 
was  used  in  those  times  for  carrying  seines  or  nets  at  the  shad 
and  salmon  fishing-grounds^  which  were  frequent  on  both  sides 
the  river,  below  the  Great  Falls),  they  paddled  themselves 
across,  and  lay  all  day  under  a  log  in  the  pine  forest  opposite 
the  town  ;  and  when  night  came,  went  to  Parson  Fessenden's, 
at  Walpole,  and  obtained  a  horse  ;  so  that,  by  riding  and  tying, 
they  got  out  of  the  country  till  the  storm  blew  over,  when 
Knight  returned  to  Brattleborough." 

From  Westminster,  Knight  went  to  Boston,  and  thence  to  the 
city  of  New  York,  where  he  arrived  on  the  29th  of  March. 
On  his  return  to  Brattleborough  in  the  course  of  the  following 
summer,  he  resumed  his  professional  duties,  but  does  not  appear 
to  have  taken  any  very  active  part  in  the  struggle  between 
Great  Britain  and  the  colonies.  When  Vermont  was  declared 
a  separate  and  independent  state,  he  strenuously  favored  the 
jurisdiction  of  New  York  on  the  "Grants,"  and  strove  to  efiect 
a  reconciliation  between  the  contending  parties.  In  the  supply 
bill  passed  by  the  Legislature  of  New  York  on  the  4:th  of  No- 
vember, 177S,  £60  were  voted  to  him  as  a  reimbursement  of 
his  "  expences  in  attending  upon  the  Legislature,  on  the  busi 
ness  of  quieting  the  disorders  prevailing  in  the  north-eastern 
parts  of  this  state."  Satisfied,  at  length,  that  New  York  would 
never  be  able  to  maintain  her  claim  to  the  "  Grants,"  he  became 
an  open  supporter  of  the  government  of  Vermont.  He  after- 
wards removed  to  Guilford,  and  in  the  year  1781  was  appointed 
a  justice  of  the  peace.  Owing  to  the  discontent  of  some  of  the 
citizens  of  that  portion  of  the  state,  who  believed  him  to  be  in- 
fected not  only  with  sentiments  favorable  to  New  York,  but 
with  Tory  principles,  he  was  suspended  from  office  by  the 
Council  on  the  12th  of  April  of  the  same  year.     He  was  rein- 


LUKE   KNOWLTON.  675 

stated  on  tlie  25tli  of  October  following.  lie  occupied  the  posi- 
tion of  first  judge  of  Windham  county  during  the  years  1786, 
1794,  1795,  and  1801,  and  presided  as  chief  justice  in  the 
Supreme  court  of  the  state  from  1789  to  1793.  In  his  "  De- 
scriptive Sketch  of  Vermont,"  Dr.  John  A.  Graham  observes 
of  Judge  Knight : — "  He  was  bred  to  the  law ;  is  a  gentleman 
of  great  abilities  ;  and  has  rendered  many  essential  services  to 
his  fellow-citizens,  but,  I  am  sorry  to  add,  they  have  by  no 
means  been  recompensed  as  they  ought  to  be.  To  Mr.  EJiight 
that  celebrated  line  of  Pope  may  truly  be  applied, 

"  '  An  honest  man  's  the  noblest  work  of  God.' "  * 


LUKE    KNOWLTON. 

Luke  Knowlton  was  born  in  Shrewsbury,  Worcester  county, 
Massachusetts,  and  was  married  to  Sarah  Holland,  who  bore 
him  three  sons  and  four  daughters.  He  removed  to  Newfane 
in  the  year  1772,  where  he  lived  until  the  time  of  his  death, 
which  occurred  on  the  12th  of  December,  1810,  at  the  age  of 
seventy-three  years.  The  third  charter  of  the  township  of  New- 
fane  was  granted  by  tlie  government  of  Isew  York  on  the  11th 
of  May,  1772,  to  Walter  Franklin  and  twenty  others,  most  of 
whom  were  inhabitants  of  New  York  city.  On  the  day  follow- 
ing, the  charter  was  conveyed  to  Luke  Knowlton  and  John 
.Taylor,  of  Worcester  county,  Massachusetts.  The  town  was 
organized  on  the  17th  of  May,  1774,  and  on  that  occasion 
Knowlton  was  chosen  town-clerk,  and  held  that  post  for  sixteen 
years.  He  was  town  representative  in  the  General  Assembly 
of  Yermont  in  the  years  1784,  1788,  and  1789  ;  a  member  of 
the  Council  from  1790  to  1800,  inclusive  :  a  member  of  the 
constitutional  convention  in  1793  ;  and  a  judge  of  the  court  of 
Windham  county  from  1787  to  1793. 

In  his  "Letters  from  Yermont,"  John  Andrew  Graham 
refers  to  Mr.  Knowlton  in  a  very  complimentary  manner,  in 
connection  with  a  few  remarks  relative  to  Ne\^i:ane.  "  Tliis 
town,"  the  writer  observs,  "  owes  its  consequence  in  a  great 

*  The  Rangers,  i.  92,  93.  K  Y.  Gazette,  Monday,  April  10th,  1775.  Graham's 
Letters,  pp.  109,  110.  Laws  of  X.  Y..  1777-1783,  Holt's  ed,  p.  47.  Doc.  Hist. 
N.  Y.,  iv.  l\)l± 


676  niSTOKY    OF    EASTERN    VERMONT. 

measure  to  Mr.  Luke  Knowlton,  a  leading  character,  and  a  man 
of  great  ambition  and  enterprise,  of  few  words,  but  possessed 
of  the  keenest  perception,  and  an  almost  intuitive  knowledge 
of  human  nature,  of  which  he  is  a  perfect  judge.  Tliis  gentle- 
man, owing  to  the  particular  method  in  which  he  has  transacted 
business,  has  obtained  the  appellation  of  Saint  Luke.  Young 
Mr.  Knowlton  is  a  practitioner  at  the  bar.  He  is  modest,  inge- 
nuous, and  master  of  abilities  that  give  a  fair  promise  of  his 
becoming  a  most  valuable  citizen.  Saint  Luke  is  the  owner 
of  much  the  best  and  most  elegant  buildings  in  the  place." 
Calvin  Knowlton,  the  young  man  referred  to  in  this  extract,  and 
a  son  of  Luke  Knowlton,  graduated  at  Dartmouth  College  in 
1788,  and  was  educated  in  the  law.  He  adorned  his  profession 
by  his  learning  and  ability,  and  his  worth  was  acknowledged 
by  all  who  knew  him.  He  died  on  the  20th  of  January,  1800, 
aged  thirty-nine  years. 

On  the  12th  of  September,  1780,  Luke  Knowlton  was  fur- 
nished by  Gov.  George  Clinton  with  an  introductory  letter  to 
the  New  York  delegates  in  Congress,  and  soon  after  visited 
Philadelphia  for  the  purpose  of  urging  upon  Congress  the  ne- 
cessity of  settling  the  controversy  between  New  York  and  Ver- 
mont. The  result  of  his  mission  has  been  stated  in  another 
place.*  Previous  to  the  year  1784,  Mr.  Knowlton  gave  in  his 
adherence  to  the  government  of  Vermont,  and  became  a  citizen 
of  that  state.  In  the  division  of  the  $30,000  which  New  York 
received  from  Vermont,  on  the  accession  of  the  latter  state  to 
the  Union,  Mr.  Knowlton  received  $249.53,  on  account  of  the 
losses  he  had  sustained,  by  being  obliged  to  give  up  lands 
which  he  had  held  under  a  New  York  title. 

It  is  much  to  be  regretted  that  so  little  is  known  of  the  life 
of  a  man  of  the  ability  of  Luke  Knowlton.  The  Hon.  Paul.  H. 
Knowlton,  who  resides  at  the  village  of  Knowlton,  in  the  town- 
ship of  Broome,  C.  E.,  and  is  a  member  of  the  Legislative 
Council  of  Canada,  possesses  no  records  of  family  biography 
relating  to  his  enterprising  and  intelligent  grandfather.! 


*  See  ante,  pp.  381,  382. 

•f-  Thompson's  Vt,  Part  III.  p.  126.  Graham's  Descriptive  Sketch  of  Vt.,  1*797, 
p.  103.     Doc.  Hist.  N.  Y.,  ir.  1024. 

An  account  of  the  conduct  of  Luke  Knowlton  during  the  time  in  which  the 
British  in  Canada  were  endeavoring  to  obtain  possession  of  Vermont,  and  of  the 
suspicions  which  this  conduct  excited,  is  given  in  the  sketch  of  the  life  of  Samiel 
Wells. 


BIOGKAPHICAL   SKETCH    OF   JOSEPH   LORD,  677 


^h^^^^ 


JOSEPH  LOSD 


OF  Putney,  by  commissions  dated  the 
16th  of  July,  1766,  was  appointed  second 
judge  of  the  Inferior  court  of  Common  Pleas,  and  a  justice  of 
the  peace  for  Cumberland  county.  Tliese  commissions  were 
renewed  on  two  subsequent  occasions,  and  he  was  continued  in 
office  until  the  commencement  of  the  Pevolution.  He  was  also 
appointed  by  a  writ  of  dedimus  potestatem^  a  commissioner  to 
"  swear  all  officers "  chosen  in  that  county,  and  held  the  office 
until  the  14th  of  April,  1772.  Respecting  his  abihties,  there 
are  no  means  of  deciding  ;  but  of  his  uprightness  and  candor, 
as  a  man  and  as  a  j  udicial  officer,  there  can  be  no  doubt.  A 
few  months  previous  to  the  time  for  appointing  judges  in  the 
year  1772,  Mr.  Lord  was  desirous  of  withdrawing  from  the  ser- 
vice of  the  province.  In  his  letter  to  Governor  Tryon,  dated  the 
29th  of  January,  he  declared  his  reasons  for  wishing  to  retire, 
in  these  words : — "  I,  being  now  arrived  at  the  sixty-eighth 
year  of  my  age,  and  attended  with  the  infirmities  common  to 
advancing  years,  such  as  great  deafness,  loss  of  memory,  dim- 
ness of  sight,  and  at  times,  a  paralytic  tremor  in  my  hands,  &c., 
which  disqualifies  me  for  the  full,  free,  and  perfect  discharge 
of  the  offices  of  second  judge  of  the  Inferior  court  of  Common 
Pleas,  and  justice  of  the  peace,  which  I  have  sustained  in  the 
county  for  several  years  last  past — and  having  a  desire  to  retire 
from  public  business  and  spend  the  remainder  of  my  days  in  a 
calm  retirement  therefrom,  and  concern  myself  in  nothing  else, 
but  doing  good  to  my  numerous  family  and  neighbors,  and 
praying  for  the  KING,  your  Excellency,  and  all  others  the 
King's  officers,  and  prepare  for  a  glorious  immoktality — there- 
fore humbly  entreat  your  Excellency  to  appoint  some  other  per- 
son to  said  offices  in  my  room  and  stead." 

Having  been  informed  that  his  colleague  had  tendered  his 
resignation.  Judge  Chandler  wrote  to  Governor  Tryon,  begging 
him  to  continue  Judge  Lord  in  office  in  the  next  commission, 
and  suggesting  the  propriety  of  rewarding  him  for  his  past  ser- 
vices— especially  for  his  effiorts  in  quelling  a  disturbance  in 
which  the  inhabitants  of  Windsor  had  been  engaged — by  grant- 
ing to  him  some  of  the  "  unappropriated  lands  "  in  the  province, 


678  HISTOKY   OF   EASTERN    VERMONT. 

whicli  the  late  Gov.  Benning  Wentwortli  had  conveyed  to  him- 
self, the  title  to  which,  by  a  subsequent  resolve  of  the  present 
Governor  and  the  Council  of  New  Hampshire,  had  been  de- 
clared void.  Previous  to  this  time,  the  court  had  been  consti- 
tuted with  three  judges.  A  fourth  was  added  in  the  next  com- 
mission, and  Judge  Lord  was  continued,  but  with  the  under- 
standing that  he  was  to  take  only  "  as  Uttle  share  of  the  burden 
of  the  office"  upon  himself  as  should  be  agreeable  to  him. 
"  His  Excellency,"  wrote  Governor  Tryon,  in  a  letter  dated  the 
3d  of  April,  17T2,  "  desirous  of  retaining  in  office  the  most  re- 
spectable persons  in  the  county,  could  not  think  of  appointing 
any  person  in  your  stead."  The  little  that  is  known  of  this 
wortliy  magistrate  is  so  favorable,  that  a  natural  regret  arises 
at  the  absence  of  the  data  which  might  supply  the  details  of 
his  life,  character,  and  services.* 


WILLIAM   PATEESON. 

^.^^^  >k   — -^t__--  The    prominency  of    the 

■^'idual  in  the  affray  at 
"Westminster,  has  given  his  name  a  notoriety.  Of  the  man 
himself  little  is  known.  "William  Paterson  is  said  to  have  been 
of  Irish  and  Scotch  descent,  and  is  supposed  to  have  been  born 
in  Ireland.  Following  in  the  train  of  his  friend,  Crean  Brush, 
he  removed  to  "Westminster  in  the  year  1772  or  1773,  and  in 
October  of  the  latter  year  received  from  the  Council  of  Ap- 
pointment of  the  province  of  New  York  the  shrievalty  of  Cum- 
berland county,  which  office  he  held  until  the  authority  of  Great 
Britain  ceased  to  be  recognized  on  the  "  Grants."  Of  the  man- 
ner in  which  he  conducted  at  the  "  Westminster  Massacre,"  an 
account  has  already  been  given.f  In  his  history  of  the  "  Ame- 
rican Loyalists,"  Mr.  Sabine,  in  closing  a  sketch  of  the  events 
of  March  13th,  observes  of  Paterson : — "  That  he  was  very- 
much  in  fault,  in  the  transactions  which  connect  his  name  with 
the   sad   deeds  here   briefly   considered,   hardly  admits  of  a 

*  Doc.  Hist.  N.  Y.,  iv.  TST-VSO,  765,  766- 
\  See  ante,  p.  218. 


CHAKLE8   PHELPS.  679 

doubt,  and  appears  as  well  from  the  statements  of  the  Loyalists, 
as  from  the  report  of  the  Whig  committee."  After  suffering 
imprisonment  in  the  Court-house  at  Westminster,  until  Sun- 
day, the  19th  of  March,  he,  with  several  of  his  friends,  was 
placed  in  charge  of  a  body  of  the  Whigs,  who  guarded  him  to 
Northampton,  where  he  was  again  placed  in  confinement. 
How  long  he  renuiined  at  Northampton  does  not  appear,  but 
he  did  not  obtain  a  final  discharge  until  the  22d  of  November 
following.  It  would  be  pleasant,  could  we  tear  aside  the  veil 
of  oblivion  which  shrouds  his  history  in  obscurity,  or  explore 
the  recesses  in  which  are  buried  those  little  data,  which,  were 
they  all  gathered,  would  reveal  more  fully  the  transactions  of 
his  life.  But  the  veil  appears  impenetrable  to  mortal  eyes,  and 
the  very  locaHty  of  the  recesses  we  would  explore  is  yet  to  be 
determined. 


CHABLES    PHELPS, 


SON    of   Nathaniel  Phelps,  was 
born    at    Northampton,   Massa- 


;  (2^^^^ 


chusetts,  on  the  15th  of  August 
1717,  and  was  educated  in  the 

profession  of  the  law.  He  married  Dorothy,  a  daughter  of 
Hezekiah  Root,  of  the  same  place,  on  the  24th  of  April,  1740, 
and  afterwards  removed  to  Hadley,  where  he  resided  for  many 
years.  In  the  charter  of  Marlborough,  which  town  was  the 
third  on  the  New  Hampshire  Grants  granted  by  Gov.  Benning 
Wentworth,  his  name  appears  as  one  of  the  original  grantees. 
Tliis  charter,  which  was  dated  the  29th  of  April,  1751,  was  re- 
newed on  the  21st  of  September,  1761,  and  again  renewed  on 
the  17th  of  April,  1764.  On  the  last  occasion,  power  was 
given  to  Charles  Phelps  to  call  town  meetings,  and  the  name 
of  New  Marlborough  was  substituted  for  that  of  Marlborough. 
But  the  prefix,  although  used  by  the  Phelps  family  for  a  time^ 
was  never  received  with  favor.  In  the  year  1764,  Mr.  Phelps, 
with  liis  family,  removed  to  Marlborough,  for  the  purpose  of 
commencing  a  settlement  on  the  lands  which  he  held  from 
New  Hampshire.  On  learning  that  the  King,  by  an  Order  in 
Cttiiiicil  dated  the  2'jtli  of  July,  1704,  had  established  "the 


680  HISTORY    OF    EASTERN   VERMONT. 

western  banks  of  the  river  Connecticut"  as  the  eastern  boun- 
dary line  of  New  York,  he  applied  to  the  Governor  df  that 
province,  on  the  15th  of  October,  1765,  for  a  charter  confirma- 
tory of  the  charter  of  Marlborough,  and  renewed  his  application 
in  October  of  the  following  year.  It  does  not  appear  that  his 
request  was  favorably  answered.  Notwithstanding  this  failure 
to  secure  the  title  of  his  lands,  he  was  convinced  that  the  New 
Hampshire  Grants  were  now  within  the  jurisdiction  of  New 
York,  and  henceforth  became  a  subject  of  that  province.  Re- 
siding on  the  "Grants"  at  a  time  anterior  to  the  establishment 
of  any  of  the  forms  of  government  within  its  bounds,  and  hav- 
ing been  instrumental  in  obtaining  the  patent  for  Cumberland 
county,  he  grew  up,  as  it  were,  with  this  first  division  of  the 
disputed  territory,  labored  for  its  benefit,  and  finally  received 
as  his  reward  the  lion's  share  in  the  bitter  fruits  of  its  over- 
throw. After  suffering  by  fine,  imprisonment,  confiscation  of 
property,  and  banishment  from  Yermont,  on  account  of  his 
devotion  to  New  York,  he  at  lengtli  took  tlie  oath  of  allegiance 
to  the  former  state.  His  feelings,  however,  underwent  but  lit- 
tle change,  and  until  the  day  of  his  death,  he  retained  the 
strongest  antipathy  against  the  government  which  had  been 
the  means  of  destroying  his  own  happiness,  and  rendering  his 
household  the  abode  of  sorrow  and  insanity. 

His  eccentricitiQS,  which  at  first  were  neither  many  nor 
strongly  marked,  were  not  regarded  with  that  leniency 
which  would  have  tended  to  make  them  less  the  objects  of 
notice.  On  this  account,  and  by  reason  of  the  sufferings  which 
his  attachment  to  New  York  induced,  his  peculiarities  increased 
with  age.  Between  the  years  1770  and  1772,  at  the  expense 
of  the  proprietors  of  the  town  of  Marlborough,  he  built  a  kind 
of  log  barn  near  his  dwelling,  to  which  he  gave  the  name  of  a 
meeting-house,  but  it  was  never  used  as  such,  except  by  his 
own  family.  The  causes  which  led  to  his  dismissal,  and  that 
of  his  son  Timothy,  from  the  church,  are  not  known.  At  the 
bar,  Mr.  Phelps  is  said  to  have  been  intolerable,  by  reason  of 
the  length  of  his  pleadings.  The  four  hours  allowed  him  by 
the  court  would  often  bring  him  to  the  threshold  only  of  his 
argument,  and  he  was  frequently  obliged  to  stop  without  touch- 
ing upon  the  merits  of  the  case. 

When,  in  the  year  1775,  the  people  residing  on  the  eastern 
side  of  the  Green  Mountains  evinced  their  hatred  of  oppression 
by  their  acts  at  Westminster  on  the  13th  of  March,  Mr.  Phelps 


EFFORTS   TO   ANNEX   VERMONT   TO   MASSACHTSETTS.  G81 

approved  of  the  course  then  pursued,  and,  inasmuch  as  revolt 
from  British  domination,  and  opposition  to  New  Y(^)rk  exac- 
tions, were  at  that  time  deemed  identical  in  spirit,  since  the  lat- 
ter was  the  result  of  the  former,  he  exerted  his  influence  in 
resisting  the  encroachments  of  despotism,  and  in  endeavoring 
to  establish  a  new  order  of  things.  But  when  New  York  had 
thrown  off  her  allegiance  to  Great  Britain,  and  had  entered 
into  the  war  of  the  Revolution  with  a  spirit  as  determined  as 
that  displayed  by  her  sister  colonies,  he  acknowledged  her  juris- 
diction, and  uniting  with  the  majority  of  the  inhabitants  on  the 
"  Grants,"  offered  his  services  for  the  good  of  the  thirteen  colo- 
nies, as  a  citizen  of  New  York.  For  nearly  two  years,  senti- 
ments like  these  respecting  the  authority  and  jurisdiction  of 
New  York  prevailed  on  the  "  Grants,"  and  he  is  a  bold  and  an 
uninformed  man  who  would  dare  to  assert  that,  previous  to  the 
year  1777,  or  even  during  the  first  half  of  that  year,  the  people 
were  in  favor  of  a  separate  state. 

On  one  occasion,  Mr.  Phelps,  with  a  singularity  of  behavior 
not  easily  to  be  accounted  for,  was  engaged  in  a  scheme  to  effect 
the  annexation  of  Vermont  to  Massachusetts.  Of  the  truth  of 
this  statement,  the  evidence  is  as  follows.  In  a  deposition  made 
by  Phineas  Freeman,  at  Marlborough,  on  the  19th  of  January, 
1783,  the  deponent  testified  that  in  the  latter  part  of  June, 
1779,  Charles  Phelps  set  out  from  that  town  with  the  avowed 
object  of  going  to  Bennington,  for  the  purpose  of  consulting 
■with  a  committee  of  Congress  who  were  to  meet  there,  and  pre- 
senting to  them  the  claims  of  New  York  to  the  disputed  terri- 
tory of  the  "  Grants."  The  deponent  also  stated,  that  in  a  con- 
versation which  he  held  with  Mr.  Phelps  previous  to  his  depar- 
ture, Mr.  Phelps  declared  that  "  he  did  not  act  out  of  good  will 
to  the  state  of  New  York,  but  to  throw  the  people  of  Vermont 
into  confusion ;  that  his  ultimate  design  was  to  procure  the  ter- 
ritory of  Vermont  to  be  annexed  to  the  Bay  state  ;  that  he 
looked  upon  the  authority  of  New  York  as  composed  of  as  cor- 
rupt a  set  of  men  as  were  out  of  hell ;  that  he  abhorred  them 
as  much  as  he  did  any  set  of  men  on  earth  ;  that  he  would  as 
soon  come  under  the  Infernal  Prince  as  under  the  state  of  New 
York  •;  and  would  as  soon  put  manure  in  his  pocket  as  a  com- 
mission from  New  York." 

But  this  episode  in  the  history  of  his  attachment  to  New 
York  did  not  long  continue.  When,  in  the  summer  of  1779, 
the  friends  of  New  York  in  Cumberland  county  determined  to 


682  HISTORY    OF   EASTERN    VERMONT. 

petition  the  Legislature  of  that  state  for  relief  from  the  numerous 
inconveniences  by  which  they  were  surrounded,  he  was  chosen 
to  bear  their  memorial  to  Kingston.  Thence  he  was  deputed 
by  tiie  Legislature  to  carry  the  same  document  to  Philadel- 
phia. Of  the  manner  in  which  he  occupied  the  five  weeks 
which  he  spent  in  that  city,  some  opinion  may  be  formed  from 
a  letter  written  on  the  7th  of  October,  1779,  by  John  Jay  to 
George  Clinton,  and  entrusted  to  Phelps  as  he  was  about  to 
leave  Philadelphia  on  his  return.  That  the  craftiness  and  volu- 
bility which  characterized  him  as  a  lawyer,  should  have  been 
apparent  at  this  seeming  crisis,  is  not  at  all  remarkable.  "  You 
will  receive  this  by  Mr.  Phelps,"  wrote  Jay,  "  of  whose  fidelity 
to  ISGW  York,  I  have  a  good  opinion,  tho'  I  cannot  approve  of 
all  his  manoeuvres  to  serve  the  state  on  this  occasion.  He  ap- 
pears neither  to  want  talents  or  zeal,  but  the  latter  is  not  always 
according  to  knowledge,  and  the  former  carries  him  sometimes 
into  finesse.  One  of  the  New  Hampshire  delegates  told  me 
that  Phelps,  in  order  to  engage  him  against  Vermont,  endea- 
vored to  persuade  him  that  New  Hampshire  had  a  right  to  a 
number  of  townships  in  it ;  and  he  further  told  me,  that  on 
comparing  notes  with  the  Massachusetts  delegates,  he  found 
that  Phelps  had  been  playing  the  same  game  with  them.  This 
story  he  told  me  in  the  presence  of  some  of  the  Massachusetts 
delegates,  who  smiled  and  were  silent.  I  have  never  said  any- 
thing of  this  to  Phelps,  because  it  could  have  answered  no  good 
purpose,  and  I  mention  it  to  you,  as  a  circumstance  which 
marks  the  man.  He  has,  however,  by  talking  on  the  subject 
with  everybody,  done  good.  In  my  opinion,  his  expenses 
should  be  paid  without  hesitation,  and  he  should  be  so  treated 
as  to  go  home  in  perfect  good  humour  with  the  Legislature,  for 
whom  he  now  professes  great  regard  and  esteem,  and  I  believe 
he  is  sincere  in  his  attachment.  Men  of  his  turn  and  talk  are 
always  useful,  when  properly  directed.  It  is  safely  done  [in 
his  case]  by  encouraging  the  good  opinion  he  sustains  of  his 
own  importance." 

In  one  of  the  letters  which  Mr.  Phelps  wrote  while  in  Phila- 
delphia, he  detailed  to  Governor  Clinton  the  arguments  which 
he  was  in  the  habit  of  employing,  in  his  attempts  at  proselytism 
among  the  members  of  Congress.  Among  other  statements 
which  he  made  was  the  following : — "  I  endeavor,"  he  wrote, 
"  to  induce  them  to  believe  the  truth  that  if  Confess  don't 
iniuicdiately  intei"po.--e,  there  will  be  a  great  eftnsion  of  blood 


STKENU0U8   OPPOSITION   TO   VEKMONT.  GS3 

as  soon  as  I  return  home ;  and  that  if  it  should  be  so,  all  the 
world  will  know  at  whose  door  it  will  be  charged  by  all  Ame- 
rica," To  his  efforts,  however,  was  due  the  passage  of  certain 
resolutions,  the  effect  of  which  it  was  generally  expected  would 
be  to  bring  the  controversy  to  an  end.  Though  this  result  was 
not  effected,  yet  it  cannot  be  doubted  that,  at  the  time,  the  in- 
fluence of  Mr.  Phelps  as  an  old-fashioned  lobby-member,  was 
greater  than  that  of  any  of  the  other  agents  who  were  interested 
in  the  management  of  this  question.  That  he  fidly  estimated 
the  value  of  his  own  services,  appears  from  the  application 
which  he  afterwards  made  to  the  Legislature  of  New  York  for 
additional  pay.  K  the  state  would  "  give  even  a  common 
scavenger  as  much  as  his  pocket  expense,"  he  argued  that  he 
certainly  deserved  well  for  conducting  "  matters  of  such  great 
weight,  delicacy,  and  consequence,"  with  so  much  skill  and 
perseverance.  His  petition  was  read  in  the  Assembly  on  the 
lith  of  February,  1780.  A  few  days  later,  the  committee  to 
whom  it  was  referred  reported  contrary  to  its  prayer,  and  the 
Assembly  i-efused  to  grant  the  extra  allowance.  Notwithstand- 
ing this  disapijointment,  Mr.  Phelps  still  remained  faithful  to 
New  York.  In  a  letter  to  Governor  Clinton,  dated  the  1st  of 
September,  1780,  he  asked  for  advice  with  reference  to  the 
course  he  should  pui'sue  towards  his  neighbors  who  differed 
from  him  in  opinion.  He  even  went  so  far  as  to  propose  the 
expediency  of  taking  four  or  five  of  them  prisoners,  and  con- 
fining them  at  Kingston,  in  order  to  be  avenged  upon  "  the  vile 
Vermonters"  for  the  sufferings  they  had  inflicted  upon  the 
Yorkers.  Peferring  to  the  influences  which  had  been  exei'ted 
against  the  new  state,  he  declared  that  he  and  his  sons  had 
"done  more  to  overturn"  it,  than  all  the  people  residing  in  that 
vicinity.  Alluding  to  the  manner  in  which  his  services  had 
been  received,  he  stated  that  twcTity  thousand  dollars  would 
not  make  good  the  losses  he  had  suffered. 

Continuing  in  this  manner  a  strenuous  opposition  to  Yermont, 
despite  the  privations  which  it  incurred — suffering  often  from 
the  punishments  which  generally  followed  disobedience  to  the 
laws — engaging  not  unfrcquently  in  personal  conflicts  with  the 
sheriff  or  his  deputies — Mr.  Phel])S,  although  he  might  have 
yielded  the  contest  with  honor,  since  New  York  was  unable  to 
su])p<)rt  her  authority  in  Vermont,  persevered  in  the  course  he 
had  chosen,  with  a  determiiuition  to  pursue  it  even  to  the  end. 
In  the  month  of  June,  1782,  he  received  from  New  York  the 


684  HISTORY    OF    EASTERN    VERMONT. 

appointment  of  justice  of  the  court  of  Oyer  and  Terminer  and 
General  Jail  Delivery,  and  of  justice  of  the  peace  and  of  the 
quorum,  for  Cumberland  county.  At  the  same  time,  he  was 
commissioned  to  swear  all  officers,  both  civil  and  military,  who 
should  serve  in  that  county.  James  Clay  and  Hilkiah  Grout 
were  appointed  his  colleagues  in  the  latter  position,  but  up  to 
the  10th  of  July  following,  according  to  his  own  declaration, 
they  had  refused  to  administer  to  him  the  oaths  of  office,  on 
account  of  the  fear  in  which  they  stood  of  the  indignation  of 
the  majority  of  the  people.  With  the  honors  of  these  new 
appointments  clustering  thick  upon  him,  Mr.  Phelps  imagined 
himself  almost  invincible  to  any  power  which  his  opponents 
might  employ  against  him.  But  the  revelations  of  the  month 
of  September,  1782,  at  which  time  Timothy  Church,  Timothy 
Phelps,  Henry  Evans,  and  William  Sliattuck,  were  deprived 
of  their  property,  and  banished  from  the  state  for  treason,  and 
when  Charles  Phelps  escaped  a  like  punishment  by  flight — the 
revelations  of  that  month,  even  if  the  lessons  of  previous  years 
had  been  of  no  avail,  should  have  taught  the  "  violent  Yorker," 
that  the  time  had  come  when  the  minority  should  yield  to  the 
majority — when  factious  opposition,  backed  by  the  authority 
of  Grotius  and  Vattel,  should  cease — when  the  law  of  nations 
should  give  way  before  the  "  Great  Jehovah"  doctrine  of  Ethan 
Allen,  and  the  principles  of  right  succumb  to  the  force  which 
could  render,  not  only  the  town  of  Guilford,  but  every  other 
place  within  the  limits  of  Vermont  inhabited  by  a  Yorker,  as 
"  desolate  as  Sodom  and  Gomorrah."  Such,  however,  was  far 
from  being  the  immediate  results  effected  by  the  decree  of  1782. 
Having  obtained  an  appointment  as  agent  for  his  fellow-suf- 
ferers in  Cumberland  county,  Mr.  Phelps  set  out  for  Pough- 
keepsie,  just  in  time  to  escape  the  seizure  and  punishment  to 
which  a  number  of  the  most  prominent  supporters  of  the  juris- 
diction of  New  York  were  subjected,  in  the  month  of  Septem- 
ber, 1782.  Having  reached  Poughkeepsie,  he  visited  Governor 
Clinton,  and,  after  remaining  in  that  town  a  few  weeks,  dis- 
closed to  his  Excellency  his  intention  of  proceeding  to  Philadel- 
phia. Convinced  that  his  presence  would  be  of  but  little  use 
at  the  seat  of  government,  the  Governor  endeavored  to  dissuade 
him  from  going.  But  his  arguments  were  of  no  avail,  and 
Phelps  started  on  the  journey,  without  letters,  however,  for  the 
Governor  had  refused  to  write  by  him,  lest  the  New  York  dele- 
gates should  suppose  tluit  he  favored  the  mission.    On  the  evening 


GREAT   DESTITUTION.  6S5 

of  the  Sth  of  October,  lie  had  "  the  satisfaction  "  of  being  heard 
for  "  two  or  three  hours,  with  very  Httle  interruption,*'  before 
the  committee  of  Congress,  to  whom  the  subject  of  the  contro- 
versy had  been  referred.  It  was  at  this  period,  and  probably 
during  this  visit,  that  he  prepared  and  presented  for  the  "  conside- 
ration of  Congress  and  the  impartial  world"  a  "  state  paper,"  en- 
titled "  Yermontcrs  Unmasked,"  in  which  he  called  the  atten- 
tion of  all  the  states  to  the  danger  to  which  they  were  exposed, 
if  the  "  audacious  precedent"  of  dismembering  states  should  be 
established,  in  consequence  of  the  act  of  usurpation  of  wdiich  Ver- 
mont had  been  guilty,  in  depriving  both  New  York  and  New 
Hampshire  of  a  portion  of  their  lawful  and  acknowledged  terri- 
tory. Many  otlier  points  were  largely  discussed  in  this  produc- 
tion, and  the  whole  argument  was  supported  by  copious  extracts 
from  Grotius,  Pnflendorf,  Yattel,  and  otlier  civilians. 

But  while  thus  engaged,  his  destitution  was  so  great  at  one  peri- 
od, that  feai*s  were  expressed  lest  he  should  starve  or  freeze,  before 
measures  could  be  taken  for  his  relief.  Soon  after  his  arrival  in 
Philadelphia,  James  Duane,  then  a  delegate  from  NewYork,  wrote 
to  Governor  Clinton  in  these  words: — "  Mr.  Phelps  has  arrived, 
and  I  believe  his  eloquence  will  be  well  employed.  He  has  op- 
portunities. His  singularity  draws  attention,  and  he  overflows 
in  the  plenitude  of  his  communicative  powers.  He  is,  however, 
terribly  distressed  ;  without  cloaths  fit  for  the  season  ;  without 
money  or  credit  to  pay  for  his  board  ;  and  leaning  on  the  scanty 
support  which  the  exhausted  purses  of  your  delegates  can  afford. 
"What  is  to  be  done  for  him?"  To  the  inconveniences  which 
he  bore,  and  to  the  manner  in  which  he  was  supported  while 
at  Philadelphia,  reference  is  made  in  the  letters  of  the  New 
York  delegates-  to  Governor  Clinton,  in  words  few^  but  graphic. 
"  As  Mr.  Phelps  brought  no  letter,"  wrote  Ezra  L'Hommedieu, 
on  the  23d  of  October,  "  we  concluded  he  did  not  come  by  the 
Governor's  approbation.  However,  I  believe  he  has  been  of 
some  service,  though  some  trouble  to  us ;  and  having  no  money, 
he  depends  much  on  charity  at  present.  I  conclude  we  shall 
be  obliged  to  advance  money  to  get  him  out  of  town,  though 
he  will  not  go  till  he  knows  the  determination  of  Congress." 
On  the  oth  of  November,  the  same  gentleman,  in  another  com- 
munication, said  : — "  Mr.  Phelps  has  been  fortunate  in  getting 
most  of  his  living  for  nothing.  The  President's  steward  is  an 
acquaintance  of  his,  and  Mr.  Hanson  gave  him  a  general  invi- 
tation to  come  and  eat  with  Mr.  Philips.     He  cannot,  however, 


686  HISTORY    OF    EASTERN    VERMONT. 

get  out  of  towTi  without  an  advance  of  money,  whicli  I  shall 
likely  be  obliged  to  make." 

Under  the  sanction  of  Governor  Clinton,  William  Shattuck 
and  Henry  Evans,  two  of  the  banished  Yorkers,  had  gone  to 
Philadelphia,  and  there  were  now  three  persons  in  that  city 
instead  of  one,  depending  for  support  on  the  IS^ew  York  delega- 
tion. "  What  will  be  done  for  the  sustenance  of  the  deputies 
now  here,"  wrote  James  Duane,  on  the  15th  of  November,  "  I 
know  not.  On  a  consultation  with  Mr.  Roosevelt,  it  is  agreed 
to  borrow  for  them  one  hundred  dollars,  and  draw  on  the  state. 
K  this  plan  fails,  it  is  more  than  probable  they  will  lose  their 
liberty,  as  they  have  already  done  their  property,  for  it  is  out 
of  my  power  to  aid  them."  Two  days  later,  another  communi- 
cation from  Mr.  Duane  contained  these  words  : — "  Tlie  distress 
of  Phelps  having  been  brought  to  a  crisis,  we  had  no  choice 
but  to  borrow  for  his  and  his  unfortunate  companions'  support. 
This  we  did  not  venture  on,  till  after  a  consultation  with  Mr. 
Roosevelt,  and  his  promise  to  support  us,  and  his  opinion  that 
our  conduct  must  be  approved.  Mr.  Wadsworth,  on  the  first 
intimation,  advanced  one  hundred  dollars  on  our  bills  on  your 
Excellency,  which  will,  we  hope,  be  sulficient  to  relieve  these 
unhappy  people,  whose  visit  has  given  us  infinite  trouble  and. 
uneasiness."  In  a  letter  written  on  the  18th  of  November,  Mr. 
L'Hommedieu,  referring  to  the  loan  that  had  been  efiected, 
said  : — "  It  will  be  necessary  that  Mr.  Phelps  have  some  of  this 
money  to  enable  him  to  leave  town,  which  I  beheve  will  be  in 
a  few  days."  But  Mr.  Phelps  could  not  be  induced  to  depart 
until  the  decision  of  Congress  should  be  made  known.  On  the 
5th  of  December,  this  consummation  of  his  wishes  was  attained. 
On  that  day.  Congress,  by  a  resolution,  ordered  the  inhabitants 
of  the  New  Hampshire  Grants  "  claiming  to  be  an  independent 
state"  to  make  "full  and  ample  restitution"  to  all  who  had  suf- 
fered by  their  proceedings  since  the  1st  day  of  the  preceding 
September,  and  announced  their  determination  to  "  enforce  a 
compliance"  w^ith  this  command.  Four  days  later,  Mr.  Phelps 
set  out  from  Philadelphia  with  dispatches  to  Governor  Clinton. 
He  reached  Marlborough  early  in  January,  1783,  but  to  his 
sorrow  found  that  as  little  attention  was  paid  to  the  resolves  of 
Congress,  as  had  been  paid  to  the  edicts  of  New  York. 

About  this  period,  and  at  the  age  of  sixty-five,  he  married  a 
second  time,  his  first  wife  having  died  in  the  year  1777. 
During  the  year  1783  he  did  not  dare  to  remain  regularly  at 


CONFISCATIOX    OF    IlIS   PKOPEIITT.  687 

liome,  for  fear  <tf  liis  foes.  In  the  hitter  part  of  the  year,  hav- 
ing become  especially  obnoxious,  the  decision  of  the  court,  ren- 
dered in  September,  1782,  which  had  never  been  executed 
against  him,  was  revived,  and  on  the  4th  of  January,  1784,  he 
was  thrown  into  the  jail  at  Westminster,  and  was  soon  after 
removed  to  Bennington,  that  he  might  be  more  securely 
guarded.  Here  he  was  kept  until  the  28th  of  February  Ibllow- 
ing,  when  he  was  released  by  an  act  of  the  Legislature.  A  few 
daj^s  after  his  enlargement,  a  committee  to  whom  the  subject 
had  been  referi-ed,  recommended  the  adoption  of  a  bill  direct- 
ing the  sale,  at  public  vendue,  of  so  much  of  the  estate  of 
Charles  Phelps  as  should  amount  to  £70,  for  the  pnrpose  of 
defraying  the  costs  of  his  prosecution.  A  bill  to  this  effect  was 
brought  in,  but  was  laid  over  until  the  next  session  of  the 
Legislature,  and  was  never  again  revived.  An  unsuccessful 
attempt  was  also  made  at  the  session  in  February,  1784,  by 
Joseph  Tucker  and  sixteen  others,  who  had  been  engaged  in  a 
skirmish  with  the  Yorkers,  and  had  been  partially  defeated,  to 
obtain  reimbursement  out  of  the  property  of  Mr.  Phelps,  for 
the  pecuniary  losses  they  had  incurred  in  their  unfortunate 
undertaking. 

Although,  in  these  two  instances,  Mr,  Phelps  was  treated 
with  a  leniency,  wliich,  judging  from  the  previous  conduct  of 
the  government  of  Vermont  towards  him,  could  hardly  have 
been  expected,  yet  his  possessions  were  not,  on  this  account, 
deemed  less  the  property  of  the  state.  To  Micah  Townsend 
and  Nathaniel  Chipman  had  been  entrusted  the  duty  of  revising 
the  laws  of  Yermont,  On  the  6th  of  Mai-ch,  1784,  they  pre- 
sented to  the  General  Assembly  a  statement  of  the  terms  on 
which  they  would  accept  of  their  appointment.  Among  other 
provisions,  they  required  an  order  from  the  Assembly,  directing 
Col.  S.  R.  Bradley  to  deliver  to  them  "  such  books  of  Charles 
Phelps,  Esq,,"  as  would  assist  them  in  their  deliberations. 
Tliey  also  asked  to  be  paid  for  their  services  out  of  Mr.  Phelps's 
library,  the  choice  of  books  being  left  with  them,  and  the  ap- 
praisement of  the  books  being  made  by  persons  acquainted 
with  their  value.  If  the  library  should  be  insufficient  to  satisfy 
their  demand,  or  should  be  restored  to  Mr.  Phelps  by  the  state, 
or  redeemed  by  him,  they  agreed  to  receive  their  compensation 
in  hard  money.  Tliese  proposals  wore  received  with  favor,  and 
were  immediately  embodied  in  the  form  of  resolutions,  and 
adopted.     In  October,  1784,  Mr.  Phel[)S — wearied  by  the  an- 


6 88  HISTORY    OF   EASTERN    VERMONT. 

noyances  to  which  he  was  constantly  subjected  on  account  of 
his  adherence  to  New  York,  satisfied  that  further  resistance 
was  useless,  and  unwilling  to  strive  longer  in  a  contest,  the 
fruits  of  which  were  bitterness  only — petitioned  the  General 
Assembly  of  Yerinont  for  a  full  pardon,  and  a  reversion  of  the 
sentence  by  which  his  estate  had  been  declared  confiscate.  In 
their  report  upon  his  petition,  the  committee  took  occasion  to 
allude  favorably  to  the  efforts  he  had  made  in  behalf  of  Ameri- 
can independence,  and  recommended  an  affirmative  answer  to 
his  prayer.  In  consequence  of  this  counsel,  a  bill,  entitled 
"  An  Act  pardoning  Charles  Phelps,  Esq.,  of  Marlborough,  in 
the  county  of  Windham,  and  restoring  to  him  all  his  estate, 
real  and  personal,"  became  a  law  of  the  state,  on  the  26th  of 
October,  1784. 

Protected  by  the  government  which  he  had  so  long  opposed, 
Mr.  Phelps  now  endeavored  to  regain  possession  of  his  property 
by  every  legal  and  proper  means. .  It  was  for  the  purpose  of 
assisting  him  in  procuring  a  weapon,  which  had  been  taken 
from  him  at  a  time  when  it  was  feared  he  would  use  it  in 
opposing  the  officers  of  Vermont,  that  Governor  Chittenden 
addressed  to  Maj.  Josiah  Boyden  a  letter,  of  which  the  follow- 
ing is  an  exact  copy  : — 

"  Arlington,  30th  of  Dec'r.  1784. 
"  Sir. — ^In  persuance  to  an  act  of  Assembly,  past  Last  Octo- 
ber, ordering  that  all  the  property  of  Charles  Phelps,  Which 
had  been  Taken  from  him  on  account  of  his  opposing  the  athor- 
ity  of  this  State  and  Not  disposed  of  for  the  Benefit  of  the  State, 
Should  be  returned  to  him  on  Sartain  Conditions,  Which  Con- 
ditions has  been  Complyed  With  on  his  Part,  you  are  therefore 
directed  to  Deliver  to  the  s'd  Charles  Phelps  His  Sword,  if  you 
have  the  Same  in  your  Hands,  and  the  Same  has  not  been  Sold 
or  disposed  of  by  athority,  for  the  Benefit  of  this  State. 
"  I  am  S'r  your  H'bl  Serv't, 

THO'S  CHITTENDEN. 
"  Maj'r  Boyden." 

Busied  in  striving  to  restore  his  estate,  and  in  searching  for 
facts,  constructing  arguments,  and  preparing  documents  to  in- 
duce Congress  to  make  good  their  resolutions  of  the  5th  of  De- 
cember, 1782,  he  passed  the  remainder  of  his  days.  He  died 
in  April,  1789,  in  the  seventy-third  year  of  his  age.     Though, 


WILLIAM   AND   NATII^V2fIEL    PHELPS.  689 

bj  oath,  a  citizen  of  Vermont,  lie  never  could  divest  himself  of 
his  antipathy  against  that  state ;  and  in  spirit  remained  even 
imto  the  end  firmly  attached  to  the  government  and  jurisdic- 
tion of  New  York. 

Of  the  genealogy  of  the  Phelps  family  the  following  particu- 
lars have  been  preserved.  The  name  was  anciently  spelled 
Phyllyppes,  but  has  been  always  pronounced  Phelps.  After 
tiie  time  of  Edward  VI.  the  supei-liuous  letters  were  dropped. 
The  family  has  been  established  for  a  number  of  centuries  in 
the  county  of  Stafford,  England.  John  Phelps,  who  dwelt 
upon  the  Nether  Tyne  in  England,  the  son  of  Francis  Phelps, 
who  died  in  the  reign  of  Edward  VI.,  left  with  other  issue,  at 
his  decease  in  1641,  Anthony,  William,  and  John,  Tliis  family 
opposed  the  high-church  and  prerogative  party  of  Strafford  and 
Archbishop  Laud.  John  Phelps  became  private  secretary  to 
Oliver  Cromwell,  and  in  the  print  which  has  been  preserved  of 
the  trial  of  Charles  I.,  is  represented  as  serving  in  the  capacity 
of  clerk  of  the  court  on  that  occasion.* 

William  Phelps,  was  one  of  the  first  settlers  of  Dorchester, 
Massachusetts,  about  the  year  1630.  Thence  he  removed  to 
Windsor,  Connecticut,  in  the  latter  part  of  the  year  1685,  and 
was  one  of  the  "principal  planters"  of  that  town.  He  is 
included  by  Trumbull,  in  his  History  of  Connecticut,  in  the  list 
of  prominent  men  "  who  undertook  this  great  work  of  settling 
Connecticut,"  and  is  designated  by  the  same  authority  as  one 
of  "  the  civil  and  religious  fathers  of  the  colony."  The  session 
of  the  first  court  convened  in  Connecticut,  was  held  at  New- 
town, on  the  26th  of  April,  1636.  Of  this  court  William 
Phelps  was  a  judge.  He  was  a  man  of  large  influence,  was 
much  employed  in  public  business,  held  the  position  of  a  ma- 
gistrate, and  was  honored  by  the  title  of  Mr.,  a  distinction 
which  but  few  at  that  day  enjoyed.  He  died  on  the  14tli  of 
July,  1672.  The  death  of  his  wife  occurred  on  the  30th  of  Au- 
gust, 1689.  He  left  five  sons,  William,  Samuel,  Nathaniel, 
Joseph,  Timothy,  and  one  daughter,  Mary.  Three  of  these 
children  were  born  in  England,  one  in  Dorchester,  and  the  two 
youngest — ^Timothy  and  Mary — in  Windsor. 

Nathaniel  Phelps,  son  of  William,  was  born  in  England  ; 
removed  to  this  country  with  his  father ;  married  Elizabeth 
Copley, t  a  young  widow,  on  the  17th  of  September,  1650 ; 

*  Pictorial  Hist.  England,  Harper's  ed.,  1849,  iii.  377. 

•j-  A  descendant  of  the  family  of  this  Elizabeth  Copley  became  Lord  High- 

u 


690  HISTORY   OF   EASTEEN   VERMONT. 

was  one  of  the  first  settlers  of  Northampton,  Massachusetts, 
about  the  year  1655  ;  was  highly  respected  as  a  deacon  in  the 
church  ;  and  died  on  the  27th  of  May,  1702,  leaving  "  a  good 
estate."  The  death  of  his  widow  occurred  on  the  6th  of  De- 
cember, 1712.  Their  children  were  Mary,  born  at  Windsor  in 
1651,  who  was  the  wife  of  Matthew  Clesson ;  Nathaniel, 
born  at  Windsor  in  1653  ;  Abigail,  born  at  Windsor  in  1655, 
who  was  the  wife  of  John  Alvord,  and  who  died  in  1756,  aged 
one  hundred  and  one  years  ;  William,  born  at  Northampton  in 
1657  ;  and  Mercy  born  at  Northampton  in  1662,  who  died 
young. 

Xathaniel  Phelps,  son  of  Nathaniel  the  deacon,  married 
Grace  Martin  on  the  27th  of  August,  1676,  and  died  on  the 
20th  of  June,  1719.  His  wife,  at  the  time  of  her  marriage, 
was  a  young  woman  who  had  recently  come  from  England. 
She  was  a  person  of  great  resolution  and  perseverance,  and  was 
withal  a  little  romantic.  She  has  been  highly  praised  by  her 
descendants.  Tier  death  occurred  on  the  2d  of  August,  1727. 
Their  children  were  Nathaniel,  born  in  1678  ;  Samuel,  born 
in  1680  ;  Lydia,  born  in  1683,  who  was  the  wife  of  Mark  War- 
ner ;  Grace,  born  in  1685,  who  was  the  wife  of  Samuel  Mar- 
shall ;  Elizabeth,  born  in  1688,  who  was  the  wife  of  Jonathan 
Wright ;  Timothy,  who  removed  to  Connecticut ;  Abigail,  born 
in  1690,  who  was  the  wife  of  John  Laugh  ton  ;  and  Sarah,  born 
m  1695,  who  was  the  wife  of  David  Burt. 

Nathaniel  Phelps,  son  of  the  second  Nathaniel,  married  for 
his  first  wife,  Abigail  Burnham,  about  the  year  1716,  and  for 
his  second  wife,  Catharine,  daughter  of  John  King  of  North- 
ampton. His  death  occurred  on  the  4th  of  October,  1747. 
His  first  wife  died  on  the  2d  of  January,  1724,  at  the  age  of 
twenty-seven.  His  second  wife,  at  the  time  of  her  man-iage 
with  him,  was  the  widow  of  a  man  named  Hickock  of  Durham, 
Connecticut,  who  had  died  without  children.  After  the  death 
of  Mr.  Phelps,  his  widow  married  for  her  third  husband, 
Gideon  Lyman.  Mr.  Phelps's  children  by  his  first  wife  were 
Charles,  born  on  the  15th  of  August,  1717 ;  Nathaniel,  born 
in  1721 ;  Ann,  who  was  the  wife  of  Elias  Lyman  of  Southamp- 
ton, Massachusetts ;  and  Martin,  born  in  1723.  His  children 
by  his  second  wife,  were  Catharine,  born  in  1731,  who  was  the 

Chancellor  of  England,  by  the  name  and  title  of  Lord  Lyndhurst,  on  the  30th  of 
April,  1827. 


SOLOMON    PIIKLrS.  691 

wife  of  Simeon  Parsons ;  Lydia,  born  in  1732,  who  was  the 
wife  of  Ebenezer  Pomroy ;  John,  Lorn  in  1734:,  who  lived  in 
Westfield,  Massachusetts  ;  and  Mehitable,  born  in  1736,  who 
died  young. 

Charles  Phelps,  to  a  sketch  of  whose  life  this  notice  has 
been  mainly  devoted,  was  the  eldest  son  of  the  third  Nathaniel. 
Of  three  of  the  sons  of  Charles,  namely,  Solomon,  Charles  Jr., 
and  Timothy,  an  account  will  be  found  elsewhere.  The  other 
children  of  Charles  Phelps  were  Dorothy,  Abigail,  Lucy,  John, 
and  Experience.* 


SOLOMON   PHELP8. 

Solomon,  the  first  son  of  Charles  Phelps,  was  born  in  the  year 
1742,  and  was  entered  a  freshman  at  Harvard  College  at  the 
ajje  of  sixteen.  On  graduating  in  1762,  he  applied  himself  to 
the  study  of  the  law,  and  having  removed  with  his  father  to 
the  New  Hampshire  Grants,  was  commissioned  by  Governor 
Henry  Moore,  on  the  31st  of  March,  1768,  an  attorney^at-law, 
and  M'as  authorized  to  practise  as  such  in  "  His  Majestj-'s  courts 
of  record  to  be  holden  in  and  for  the  county  of  Cumberland." 
At  the  breaking  out  of  the  war  he  embraced  the  cause  of  the 
colonies,  and  during  the  period  in  which  the  inhabitants  on  the 
"Grants"  acted  in  concert  with  the  people  of  New  York, 
served  as  a  member  of  the  committee  of  safety  for  Cumberland 
county.  Being  well  versed  in  the  Scriptures,  and  possessing 
an  hereditary  oratorical  capacity,  he  served  as  a  preacher  at 
Marlborough  during  the  summer  of  1776.  In  the  year  1779 
he  received  the  degree  of  M.A.  from  his  Alma  Mater,  which 
fact  alone,  judging  from  the  qualifications  which  were  then 
necessary  to  render  a  person  eligible  to  this  rank,  afibrds  good 
evidence  of  his  abilities.     But  unhappily  his  life  was  darkened 

*  MS.  Narrative  of  Pbelps  family.  MS.  Letters  from  the  Hon.  J.  H.  Phelps.  SIS. 
ni>t.  Marlborough,  by  the  Rev.  E.  H.  Newton.  Journals  of  Congress,  passim.  Doc. 
Hist.  K  Y.,  iv.  996-1002.  George  Clinton  Papers,  in  office  Sec.  State  N.  Y.,  vol. 
viii.  doc.  2549 ;  vol.  xi.  doc.  31 89  ;  vol.  xvi.  docs.  4647,  4796, 4797,  4828,  4842,  4856, 
4857,  4858.  Journals  Gen.  Ass.  Vt,  Feb.,  1784,  pp.  24.  27,  42,  43,  47,  50,  52,  53 ; 
Oct  1784,  pp.  28,  33,  35,  40;  June,  1785,  p.  47.  Slade's  Vt.  State  Papers,  p.  494. 
Trumbull's  Hist.  Conn.,  i.  54,  58,  70.     Holland's  Ilist.  West  Mass.,  iL  245. 


692  HISTORY   OF   EASTERN   VERMONT. 

by  the  obscurations  of  insanity — a  disease  which,  whether  it  be 
of  the  mind  or  of  the  body,  is  abnost  certain  to  manifest  its 
effects  upon  both.  On  one  occasion  he  attempted  to  beat  out 
his  brains  with  the  head  of  an  axe,  and  succeeded  in  breaking 
in  his  skull.  His  life  was  saved  by  trepanning.  In  the  year 
1790  he  ended  his  life  by  cutting  his  throat  with  a  razor. 
When  discovered  he  was  lying  in  a  lot,  between  two  hemlock 
logs,  and  to  all  appearance  had  been  some  time  dead.* 


CHARLES   PHELPS   JE., 

THE  second  son  of  Charles  Phelps,  was  born  in  the  year  1744, 
and  bore  the  name  of  his  father.  Like  his  brother  Solomon, 
he  was  educated  in  the  profession  of  the  law,  and  received  his 
commission  as  an  attorney  from  Governor  Tryon  of  New  York, 
on  the  22d  of  July,  1771.  Although  he  afterwards  removed  to 
Hadley,  Massachusetts,  yet  he  ever  continued  to  manifest  a 
deep  interest  in  the  affairs  of  the  New  Hampshire  Grants,  and 
on  several  occasions  afforded  assistance  to  his  father  and  bro- 
thers, when  the  rage  of  party  violence  had  driven  them  from 
their  homes,  to  seek  refuge  wherever  they  could  find  it.  His 
contemporaries  in  legal  practice  were  John  Worthington  of 
Springfield,  Joseph  Hawley  of  Northampton,  Oliver  Partridge 
of  Hatfield,  Josiah  Dwight  of  Westfield,  and  John  Ashley  of 
Lower  Housatonic.  An  account  of  Mr.  Phelps's  farm  and  resi- 
dence, which  the  Rev.  Dr.  Timoth}'-  Dwight  describes  as  "  the 
most  desirable  possession  of  the  same  kind  and  extent,"  within 
his  knowledge,  may  be  found  in  the  travels  of  the  latter  gentle- 
man in  New  England  and  New  York  during  the  year  1796. 
Mr.  Phelps  died  in  Hadley,  on  the  4th  of  December,  1814, 
aged  seventy  years.f 

*  MS.  Hist.  Marlborough.     Am.  Arch.  Fourth  Series,  vol.  iii.  col.  1330. 
\  Dwight's  Travels  in  New  England  and  New  York,  i.  35*7.     Holland's  Hist 
West.  Mass.,  i.  185. 


NOTICE   OF  TIMOTHY    PHELPS.  693 


TIMOTHY    PHELPS. 

Of  Timothy  Phelps, 
the  third  son  of 
Charles  Phelps,  but         /»/////, 

little  remains  to  be 
said  in  addition  to 
what  has  been  already  recorded  in  the  preceding  pages.  He 
was  born  on  the  25th  of  January,  1747,  and  at  the  age  of  seven- 
teen removed  with  his  father  and  brothers  to  the  unsettled  wil- 
dernesses of  the  NeAv  Hampshire  Grants.  His  services  as  a 
farmer  were  especially  valuable  at  this  period,  and  upon  him 
devolved,  in  a  great  degree,  the  management  and  cultivation 
of  the  lands  of  the  new  abode.  Of  great  energy  of  character 
and  steadfastness  of  opinion,  his  attachment  to  the  government 
of  JSTew  York  having  become  once  fixed,  remained  constant  and 
unvieldinff.  In  his  efforts  to  enforce  its  laws,  he  often  met  with 
the  most  determined  resistance,  and  was  not  unfrequentlj'-  over- 
powered by  the  number  and  force  of  his  oi^ponents.  On  the 
5th  of  June,  1782,  he  received  from  the  Council  of  Appointment 
of  the  state  of  New  York,  the  shrievalty  of  Cumberland  county. 
Armed  with  the  power  of  this  office,  before  which  he  imagined 
the  vehemence  of  party  rage  and  the  lawlessness  of  party  tri- 
umph would  cower,  he  endeavored  to  exercise  his  authority 
within  the  limits  of  Vermont,  and  against  men  who  scoffed  at 
the  government  under  which  he  acted.  The  decision  of  the 
trials. of  September,  1782,  in  AVindham  county,  marked  him 
with  the  taint  of  treason,  rendered  him  for  a  time  a  prisoner, 
confiscated  his  possessions,  banished  him  from  the  state,  and 
forbade  his  return  on  pain  of  death. 

Emboldened  by  the  resolves  of  Congress,  passed  on  the  5th 
of  December  of  the  same  year,  he  returned  to  his  home,  was 
cast  into  prison  at  Bennington,  and  there  remained  in  confine- 
ment for  nearly  five  months.  Although  he  afterwards  became 
a  citizen  of  Yermont,  yet  he  was  never  able  to  transfer  to  the 
adopted  state  the  feelings  of  loyalty  which  he  entertained 
towards  New  York,  and  could  not  be  brought  to  acknowledge 
his  obligation  to  maintain  pecuniarily,  or  otherwise,  a  govern- 
ment which  had  deprived  him  of  his  possessions,  surrounded 
him  with  sorrows,  and  rendered  his  life  miserable  and  unhappy. 


694  HISTORY    OF   EASTEKN    VKliMONT. 

Continued  reflection  upon  his  troubles,  served  in  a  measure  to 
waste  his  mental  energies,  and  the  effects  of  this  condition,  com- 
bined with  the  natural  eccentricity  of  his  disposition,  disordered 
his  intellect,  and  left  him  a  melancholy  prey  to  the  gloomiest 
forebodings  concerning  his  temporal  welfare.  The  fact,  also, 
that  there  had  been  no  "  atonement  made  for  that  blood  that  was 
wantonly  shed"  on  "  the  confines  of  Guilford,"  when  Silvanus 
risk  and  Daniel  Spicer  were  killed,  seemed  ever  to  disturb  him, 
and  there  is  still  preserved  a  curious  letter,  written  by  him, 
dated  at  Marlborough,  May  28th,  1812,  and  directed  to  the 
grand  jury  of  Windham  county,  in  which  he  adjured  them,  in 
the  most  solemn  manner,  to  investigate  the  circumstances  at- 
tending those  deaths,  and  denounced  upon  them  terrible  retri- 
bution, in  case,  they  should  fail  to  attend  to  his  appeal.  He 
died  at  Marlborough  very  suddenly,  in  the  seventy-first  year 
of  his  age,  on  the  3d  of  July,  1817,  and  was  buried  in  that 
town. 

Timothy  Phelps  married  Zipporah  "Williams  on  the  6th  of 
June,  1775.  Their  children  were  John,  who  was  born  on  the 
18th  of  November,  1777,  and  who  died  on  the  14:th  of  April, 
1849,  at  Ellicott's  Mills,  Maryland  ;  Charles,  who  was  born  on 
the  13th  of  September,  1781,  and  who  died  on  the  19th  of 
November,  1854,  at  Cincinnati,  Ohio ;  Eunice,  who  was  born 
on  the  8th  of  May,  1783,  and  who  died  on  the  14th  of  Decem- 
ber, 1811,  at  Marlborough,  Vermont ;  Austis,  who  was  born  on 
the  11th  of  September,  1788,  and  who  died  on  the  25th  of 
May,  1850,  at  Townshend,  Vermont ;  and  Timothy,  who  was 
born  on  the  6th  of  June,  1792,  and  who  died  of  yellow  fever  in 
September,  1822,  near  Natchez,  Mississippi,  on  board  of  a 
steamer  from  New  Orleans. 


NOAH   SABDf 


J\/XJ^    /cJA: 


WAS  born  at  Reho- 
both,  Massachusetts, 
—  on  the  10th  of  No- 
vember, 1714,  and  was  the  only  son  of  Noah  Sabin,  of  that 
place.  Becoming  religiously  disposed  in  early  life,  he  was  de- 
signed by  his  father  for  the  ministry.     To  this  disposition  of  his 


ILL-JUDGED   rKRS]:Ci:TI()X    OF   NOAH    SABIN.  G95 

talents  the  son  refused  to  accede,  but  for  what  reason  is  not 
known.  In  the  year  1768,  at  tlie  age  of  fifty-four,  he  removed 
to  Putney,  and  at  the  first  election  of  town  officers,  held  on  the 
8th  of  May,  1770,  was  chosen  town-clerk.  On  the  14th  of 
April,  1772,  he  was  appointed  judge  of  the  Inferior  court  of 
Common  Pleas  of  Cumberland  county,  and  justice  of  the  peace. 
Previous  to  the  affray  at  Westminster  on  the  13th  of  March, 
1775,  Judge  Sabin  opposed  in  every  practicable  manner  the 
attempts  of  the  people  to  interfere  with  the  management  of  the 
courts.  His  extreme  conscientiousness  led  him  to  adopt  this 
course,  for  he  knew  that  he  had  received  a  commission  from 
the  Crown,  and  felt  that  his  oath  of  oflice  bound  him,  at  the 
least,  not  to  offer  resistance  to  the  government  of  the  mother 
country.  After  being  taken  prisoner  on  this  occasion,  he  was 
confined  in  the  Court-house  at  Westminster  for  a  few  days,  was 
then  carried  to  Northampton,  and  afterwards  to  New  York 
city,  where  he  was  imprisoned.  It  is  said  that  he  was  subse- 
quently tried,  and  npon  being  honorably  acquitted,  was  sup- 
plied by  Governor  Tryon  with  clothing  and  ample  means  to 
return  home.     He  was  al)sent  more  than  a  year. 

Regarded  as  a  Tory  in  principle,  and  as  a  secret  favorer  of 
the  cause  of  Great  Britain,  he  was  for  a  time  subjected  to  manv 
annoyances.  Soon  after  his  return,  William  Moore,  Daniel 
Jewett,  and  Moses  Johnson,  committee  men  of  Putney,  accom- 
panied by  a  party  of  their  friends,  armed  with  swords,  went  to 
his  house,  ordered  him  to  mount  his  horse,  and  follow  thenh 
Obeying  their  commands,  he  was  conducted  to  Westminster, 
where  he  was  placed  in  the  jail.  Many  were  the  threats  used 
to  intimidate  him  during  this  transaction.  His  imprisonment, 
however,  lasted  but  a  day.  In  the  evening,  the  door  of  his  cell 
was  opened,  and  he  was  allowed  to  return  home.  On  his 
death-bed,  Moore,  who  had  been  the  principal  actor  on  this 
occasion,  sent  for  Judge  Sabin,  confessed  with  tears  the  abuses 
of  which  he  had  been  guilty,  and  besought  forgiveness.  On 
being  assured  that  his  request  was  granted — "  Now,"  said  he, 
"  I  can  die  in  peace."  Fearing  that  Judge  Sabin  might  be  in 
communication  with  the  enemy,  he  was  confined  to  his  farm  by 
an  order  of  the  committee  of  safety,  passed  in  the  year  1776, 
and  permission  was  given  to  any  one  to  shoot  him,  whenever 
he  shoidd  be  found  beyond  its  limits.  So  bitter  was  the  hatred 
towards  him  at  this  time,  that  one  of  his  neighbors,  a  man 
zealous  for  the  liberty  of  the  colonies,  and  for  the  destruction 


696  IIISTOKY    OF   EASTERN    VERMONT. 

of  their  foes,  watched  for  hhn  with  a  loaded  rifle,  as  he  after- 
wards acknowledged,  in  the  woods  adjoining  the  Judge's  house, 
prepared  to  shoot  the  despised  Loyalist,  should  he  venture  be- 
yond the  prescribed  lines.  But  this  treatment,  though  it  might 
tend  to  suppress  the  outward  manifestation  of  his  principles,  did 
not  avail  at  once  to  change  them.  A  certain  Solomon  Willard, 
who  had  been  a  soldier  under  Governor  Tryon  at  the  time  of 
the  burning  of  Norwalk,  having  returned  to  Vermont  at  the 
close  of  the  war,  had  again  taken  up  his  residence  in  the  state. 
Although  a  Tory  at  heart,  yet  he  submitted  to  the  existing 
laws,  and  acted  like  an  American  citizen.  In  his  conversations 
with  this  man,  it  is  said  that  Judge  Sabin  often  declared  that 
the  British  troops  liad  not  treated  the  rebels  with  half  the 
severity  they  deserved,  and  expressed  his  opinion,  that  every 
place  refusing  to  acknowledge  the  authority  of  the  Crown 
should  have  suflfered  the  fate  of  Norwalk. 

Tlie  prejudices  against  him  springing  from  these  causes, 
affected  the  minds  even  of  the  members  of  the  church  at  Put- 
ney. Not  being  an  original  member,  he  was  refused  the  privi- 
lege of  occoasional  communion  with  them.  This  fact  appears 
by  the  annexed  extract  from  the  church  records : — 

"  Putney,  Dec.  7,  1778.  Tlie  church  met  and  took  under 
consideration  the  request  of  Noah  Sabin,  Esqr.,  of  occasional 
communion  with  this  church,  and  came  to  the  following  vote,  that 
it  was  best,  all  things  considered,  not  to  receive  him  at  present. 

"  J.  Goodhue,  Moderator T 

He  was  afterwards  on  the  29th  of  April,  1781,  admitted  by 
vote  to  full  communion,  and  w^as  known  as  a  "  most  stable, 
consistent,  and  useful  member." 

In  1781  he  was  elected  judge  of  probate  for  Windham  county, 
but  on  the  12th  of  April,  in  the  same  year,  was  suspended  from 
ofhce  in  order  to  satisfy  the  complaints  of  many  who  believed 
him  to  be  dangerous  as  a  Loyalist,  He  was  reinstated  on  the 
25th  of  October  following,  and  it  is  believed  continued  in  office 
until  the  year  1801.  Judge  Sabin  was  a  man  of  uncommon 
powers  of  mind.  He  was  cool  and  considerate  in  his  purposes, 
and  sound  and  discriminating  in  his  judgment.  His  counsels 
were  often  souglit  and  were  generally  safely  followed.  For  the 
period  in  which  he  lived  his  education  was  superior.  It  is 
asserted  with  confidence  that  when  the  charter  for  Putney  was 


NOAH   SABIN   JK.  697 

obtained,  he  was  the  only  person  in  the  town  possessed  of  suf- 
ficient skill  to  decipher  the  peculiar  chirography  in  which  the 
instrument  was  written.  In  his  religious  character  he  was  up- 
right, sincere,  and  conscientiously  true  to  his  professions.  It 
might  be  said  of  him  that  he  was  remarkably  active  as  a 
Christian,  for  it  is  well  knowm  that  Avhen  the  people  w^ere  desti- 
tute of  a  minister,  the  duty  of  conducting  the  exercises  of  their 
religious  assemblies  usually  devolved  on  him.  Although  at  the 
first  strongly  attached  to  the  Crown,  and  for  some  time  after  the 
commencement  of  the  Revolution  undecided  as  to  the  course  he 
should  take  in  the  struggle  between  the  colonies  and  the  mother 
country,  his  sympathies  were  subsequently  enlisted  on  the  side' 
of  the  former,  and  no  truer  patriot  was  to  be  found  than  he. 
Upon  retiring  from  office  and  active  life,  the  remainder  of  his 
days  was  marked  by  acts  of  piety  towards  God  and  beneficence 
to  mankind.  He  died  on  the  10th  of  March,  1811,  at  the 
advanced  age  of  uinety-six  years.* 


NOAH   SABIN  JE., 


c^^^C^i^^^^-vA' 


SON  of  Noah  Sabin, 
■was  born  at  Reho- 
both,  Massachusetts, 
on  the  20th  of  April, 
1750,  and  removed 

•with  his  father  to  Putney,  when  he  was  about  eighteen  years 
old.  He  held  the  office  of  register  of  probate  for  Windham 
county,  from  1791  to  1801,  and  from  the  latter  year  until  1808 
was  judge  of  probate,  in  -which  station  he  succeeded  his  father. 
He  was  early  elected  a  justice  of  the  peace,  and  filled  the  office 
for  nearly  half  a  century.  He  represented  the  town  of  Putney 
in  the  General  Assembly  during  the  years  1782,  1783,  1784, 
1785,  and  1787.  His  death  occurred  at  Putney  on  the  5th  of 
December,  1827,  in  the  seventy-eighth  year  of  his  age.  From 
an  obituary  notice,  written  soon  after  his  decease,  the  following 
passages  are  taken  : — 

*  MS.  Letter  from  Rev.  A.  Foster  of  Putney,  April  5th,  1852.    Doc.  Hist  N  T., 
iv.  1022.    See  ante,  pp.  398,  399. 


098  HISTORY    OF   EASTERN   VERMONT. 

"  Judge  Sabin  was  a  man  of  sound  mind,  of  a  placid  temper, 
and  manifested  upon  all  occasions  that  urbanity  of  deportment 
whicb  commanded  the  love  and  respect  of  his  acquaintance. 
He  was  an  early  settler  of  the  town  [of  Putney],  and  ever  took 
an  active  interest  in  its  civil  and  religious  concerns.  He  was 
more  than  forty-seven  years  a  magisti'ate,  and  sustained  for 
many  years  the  office  of  judge  of  probate,  and  other  offices, 
with  honor  to  himself,  and  with  usefulness  to  the  public.  He 
discharged  the  duties  of  office  with  such  firmness  and  fidelity 
as  to  escape  with  a  much  less  share  of  censure  than  is  common 
in  like  cases. 

"  As  a  Christian,  he  appeared  humble  and  unostentatious, 
steady  and  uniform  in  his  principles  and  practice.  He  seemed 
always  to  love  religion,  and  to  be  governed  by  a  sacred  regard 
for  its  doctrines  and  duties.  It  appeared  to  be  his  stay  in  the 
closing  scenes  of  life.  He  was  resigned  to  the  will  of  God  and 
ready  to  depart  at  His  bidding.  He  was  willing  to  be  absent 
from  the  body,  and  to  go  to  be  present  with  the  Lord."* 


PAUL   SPOONER 

/"y^  ^  WAS   for   many  years 

%y   1^1^^         ^i  advancing    the     mte- 

rests  of  Vermont,  and 
enjoyed  the  fullest  confidence  of  the  people  of  that  state.  He 
was  a  member  of  the  Council  from  1778  to  1782,  when  he  was 
chosen  lieutenant-governor  of  the  state.  In  this  position  he 
was  continued  until  the  year  1786.  He  was  a  judge  of  the  Su- 
preme court  in  1779,  1780,  and  from  1782  to  1788.  During 
the  years  1781  and  1782  he  served  as  judge  and  register  of 
probate  for  Windsor  county.  In  the  year  1779  he  was  the 
town-clerk  of  Hartland  in  Windsor  county,  and  having  subse- 
quently removed  to  Hardwick,  in  Caledonia  county,  was  chosen 
the  first  clerk  of  that  town  in  1795.  During  the  years  1797, 
1798,  and  1799,  he  represented  the  citizens  of  Hardwick  in  the 
General  Assembly  of  the  state.     Of  the  respect  with  which  the 

*  Brattleborough  Messenger,  December  21st,  182^,  vok  vL  No.  47. 


JONATHAN    STEARNS. 

early  officers  of  Vermont  were  treated,  the  following  incident 
aifords  a  good  example.  On  one  occasion  the  Eev.  Elisha  Hut- 
chinson, the  first  minister  of  Pomfret,  .Vermont,  was  preachino- 
a  sermon  at  Hartland,  in  a  private  house,  when  Mr.  Spooner 
entered  the  room.  Pausing  in  the  midst  of  his  discourse,  the 
reverend  minister  informed  his  audience  that  he  had  "  got  ahout 
half  through "  his  sermon,  but  as  Governor  Spooner  had  come 
to  hear  it,  he  would  begin  it  again.  Then  turning  to  a  wo- 
man who  sat  near  him,  he  said,  "  My  good  woman,  get  out  of 
that  chair  and  let  Governor  Spooner  have  a  seat,  if  you  please  !" 
Mr.  Spooner  was  accommodated,  and  Mr.  Hutchinson  repeated 
the  first  part  of  his  sermon,  much  to  the  edification,  it  is  sup- 
posed, of  those  who  had  already  heard  it.* 


JONATHAN   STEAENS. 

Prior  to  the  Revolution,  Jonathan  Stearns  was  engaged  in  the 
practice  of  the  law  in  the  eastern  portion  of  the  New  Hamp- 
shire Grants,  and  was  generally  regarded  as  a  man  of  ability. 
In  an  account  presented  at  New  York  on  the  5th  of  May,  17T5, 
by  some  of  the  officers  of  the  court,  it  was  stated  that  he  "  was 
in  die  unhappy  event  that  happened  between  the  posse  of  the 
county  of  Cumberland  and  a  body  of  rioters,"  at  Westminster, 
on  the  13th  of  March  previous.  In  company  Avitli  Samuel 
Knight,  who  was  also  a  lawyer  of  that  county,  "  he  happily 
escaped  the  fury  of  the  mob  and  went  immediately  to  Boston." 
On  his  arrival  in  that  city,  "  General  Gage  advised  him  to 
repair  to  New  York  with  the  utmost  expedition,  to  give  infor- 
mation to  government  of  the  state  of  the  county."  He  reached 
New  York  on  the  29th  of  March,  and  having  presented  an  ac- 
count of  the  affray,  of  which  he  had  been  a  partial  witness, 
was  reimbursed  the  expenses  of  his  journey,  to  the  amount  of 
£7  18§.  He  subsequently  removed  to  Nova  Scotia,  and  was 
attorney-secretary  of  that  province.f 

*  Detning'8  Cat.  Vt.  Officers,  p.  75,  et  passim, 

f  Council  Minutes,  iu  office  Sec.  State  N.  Y.,  1765-1783,  rxvi.  435.     The  Ran- 
gers, by  D.  P.  Tliompson,  ii.  93.     See  ante,  p.  674. 


700  HISTORY   OF  EASTERN    VERMONT. 


MICAH  TOWNSEND, 


/yy  '       ^  '^^/'^  ^       WHOSE   name    has    fre 


qiiently  occurred  in 
these  pages  as  a  corre- 
spondent of  Gov,  George  Clinton,  deserves  to  be  held  in  re- 
membrance as  one  of  those  worthy  fathers  of  Vermont,  whose 
sterling  virtues  and  wisdom,  and  indomitable  courage,  carved 
out  and  shaped  the  destiny  of  that  state,  amid  scenes  of  con- 
vulsion at  home  and  abroad.  Tlie  influence  which  he  exer- 
cised and  the  service  which  he  rendered,  at  a  period  in  the 
state's  history  when  education  was  at  a  low  ebb,  though  not  of 
that  bold  and  dazzling  kind  which  characterizes  the  deeds  of 
military  heroes,  and  on  which  contemporary  historians  so  often 
delight  to  seize  to  spice  their  pages,  and  keep  alive  the  momen- 
tary excitement,  were  valuable  and  duly  appreciated  by  those 
engaged  with  him  in  perfecting  the  organization  of  Vermont. 
Though  in  principle  and  habit  an  emphatical  lover  of  peace, 
he  was  a  sincere  patriot,  having  the  true  interests  of  his  coun- 
try deeply  at  heart. 

Henry  Townsend,  the  first  of  the  family  who  settled  in  Ame- 
rica, came  from  England  to  Long  Island  previous  to  the  year 
1687.  His  son  Micajah  Townsend  having  married  Elizabeth 
Piatt,  their  son  the  subject  of  this  notice  was  born  at  Cedar 
Swamp,  Oyster  Bay,  Long  Island,  on  the  13th  of  May,  1749, 
O.S.  After  pursuing  the  studies  commonly  taught  in  elemen- 
tary schools,  and  others  under  the  guidance  of  a  neighboring 
clergyman  preparatory  to  a  collegiate  course,  he  entered  at  the 
age  of  fourteen  the  college  of  Nassau  Hall  in  Princeton,  New 
Jersey,  during  the  presidency  of  Dr.  Elihu  Spencer.  At  the 
end  of  four  years,  having  completed  the  usual  course  of  acade- 
mic studies  he  proceeded  Bachelor  of  Arts  on  the  8th  of  Octo- 
ber, 1766,  and  during  the  presidency  of  Dr.  John  Witherspoon 
proceeded  Master  of  Arts  on  the  5th  of  October,  1769.  On 
leaving  college  in  1766,  he  immediately  commenced  the  study 
of  the  law,  in  the  office  of  the  Hon.  Thomas  Jones,  a  distin- 
guished barrister  and  attorney  in  the  city  of  New  York,  and 
subsequently  a  justice  of  the  Supreme  court  of  the  province  of 
New  York.  Having  continued  this  pursuit  for  the  term  of  four 
years,  he  was  admitted  to  the  practice  of  the  law  on  the  6th  of 


MICAH   T0WN8END.  701 

April,  1770,  by  a  commission  under  the  hand  and  seal  of 
the  Hon.  Cadwallader  Golden,  lieutenant-governor  of  the 
colony. 

Soon  after  his  admission  to  the  bar,  he  established  himself  in 
his  profession  at  the  "Wliite  Plains,  in  "Westchester  county, 
where  he  remained  until  after  the  commencement  of  the  war 
of  the  Kevolution.  Attached  by  conviction  and  by  principle 
to  the  cause  of  the  colonies,  he  freely  lent  his  efforts  to  advance 
that  cause.  He  served  as  clerk  of  the  "Westchester  county  com- 
mittee of  safety,  and  on  the  22d  of  June,  1776,  was  appointed 
to  the  command  of  a  company  of  militia  in  that  county,  con- 
taining fifty  men,  including  ofiicers,  which  had  been  raised  to 
defeat  the  machinations  of  the  Tories  who  abounded  in  that 
region.  On  the  25th  of  July  following,  he-was  ordered  to  take 
post  at  the  mouth  of  Croton  river,  and  continued  on  duty  in 
and  about  that  locality  until  the  end  of  October.  On  the  night 
of  the  1st  of  November,  it  became  evident  to  General  AVasli- 
ington,  that  the  British  were  preparing  to  take  possession  of  the 
heights  in  the  neighborhood  of  the  "Wliite  Plains,  which  he 
then  held  with  his  troops.  In  order  to  gain  a  more  secure  posi- 
tion, he  broke  up  his  camp,  and  having  previously  set  fire  to 
the  houses  in  the  "White  Plains  and  the  neighborhood,  removed 
his  forces  to  a  more  mountainous  region,  in  the  vicinity  of 
North  Castle.  The  destruction  of  the  village  where  he  had  at 
first  entered  upon  the  active  duties  of.  life,  was  doubtless  the 
immediate  cause  which  led  Mr.  Townsend  to  seek  in  the  inte- 
rior of  the  country  a  residence  less  exposed  to  the  disturbances 
of  that  exciting  period.  Removing  to  the  beautiful  village  of 
Brattleborough,  he  was  soon  surrounded  by  friends,  and  on  the 
15th  of  August,  1778,  raan-ied  Mary,  a  daughter  of  Col.  Sa- 
muel "Wells. 

In  the  controversy  which  at  this  time  raged  with  peculiar  ani- 
mosity in  the  south-eastern  portion  of  "Vermont,  Mr.  Townsend, 
at  the  first,  sided  with  the  supporters  of  the  New  York  jurisdic- 
tion, and  was  in  constant  communication  with  Governor  Clin- 
ton. His  letters,  extracts  from  which  have  been  given  in  the 
body  of  this  work,  were  always  prepared  with  accuracy,  ex- 
pressed in  well-chosen  language,  and  engrossed  in  a  chiro- 
graphy  of  singular  beauty.  He  was  frequently  entrusted  with 
the  conduct  of  important  negotiations  between  the  provincial 
government  of  New  York  and  its  supporters  in  "Vermont,  and 
never  failed  to  perform  his  duty  in  a  manner  which  gave  the 


702  HISTORY    OF   EASTERN    VERMONT. 

completest  satisfaction.  In  the  supply  bill  passed  by  the  Legis- 
lature of  New  York  on  the  4th  of  November,  1778,  the  sum 
of  £60  was  appropriated  to  him,  in  payment  of  his  "  ex- 
pences  in  attending  upon  the  Legislature,  on  the  business  of 
quieting  the  disorders  prevailing  in  the  north-eastern  pai'ts  of 
the  state." 

The  share  which  he  had  taken  in  military  affairs  while  at  the 
White  Plains,  had  secured  for  him  the  enmity  of  the  Tories 
who  infested  that  part  of  the  countiy,  and,  when  occasion 
offered,  they  did  not  fail  to  clothe  this  feeling  in  deeds.  Li  the 
year  1781,  having  obtained  permission  from  Governor  Clinton 
to  visit  Long  Island,  he  performed  the  journey,  but  in  a  letter 
to  the  Governor,  written  at  Fishkill,  on  the  16th  of  May,  1781, 
while  on  his  way  home,  he  informed  his  Excellency  that  he  had 
met  with  abuse  in  the  city  of  New  York  from  the  Westchester 
refugees ;  had  been  "  once  carried  before  his  Worship,"  the 
British  mayor  of  that  city ;  and  had  been  obliged  to  take  a  dif- 
ferent route  on  his  return,  to  avoid  his  "  old  enemies,"  who 
were  lying  in  wait  to  take  him.  "  A  thousand  pounds,"  said 
he,  '•  would  not  tempt  me  to  a  similar  visit." 

Having  come  to  the  conclusion,  after  an  honest  and  careful 
review  of  the  circumstances,  that  New  York  would  never  be 
able  to  substantiate  her  claim  to  the  New  Hampshire  Grants, 
or  to  enforce  her  laws  in  that  district,  he  took  the  oath  of  alle- 
giance to  and  became  a  citizen  of  Yermont.  In  the  practice 
of  his  profession,  though  not  distinguished  as  an  eloquent  advo- 
cate, he  possessed,  what  was  of  more  value  than  eloquence,  the 
estimation  of  the  community  for  integrity.  By  reason  of  his 
legal  attainments  and  the  soundness  of  his  judgment,  he  was 
esteemed  the  first  lawyer  in  the  state,  and  during  the  twenty- 
four  years  of  his  residence  in  Brattleborough,  his  practice  was 
successful  and  profitable.  At  this  place,  his  children,  five 
daughters  and  three  sons,  were  all  born.  In  the  year  1781,  he 
was  chosen  judge  and  register  of  probate  for  Windham  county, 
and  held  those  offices  until  the  year  1787. 

The  constitution  of  Yermont,  which  had  been  established  by 
a  convention  on  the  2d  of  July,  1777,  was  never  submitted  to 
the  people  for  popular  discussion,  lest  in  those  critical  times, 
when  unanimity  was  the  only  strength,  its  consideration  should 
create  disunion.  Having  been  acted  upon,  as  an  experhnent^ 
for  eight  years,  it  was  found  to  admit  of  so  many  practical 
abuses  that  its  revision  was  regarded  as  imperative.     This  duty 


APPOINTED   8ECRETAET   OF   STATE   FOR  VERMONT.  703 

devolved  upon  a  council  of  censors,  who  were  chosen  from  the 
ablest  men  in  the  state  for  this  specific  purpose,  and  of  this 
council  Micah  Townsend  was  the  secretary.  Their  sessions 
were  held  at  Norwich  in  June,  1785,  at  "Windsor  in  September 
and  October  following,  and  at  Bennington  in  February,  1786. 
All  the  members  of  this  body,  doubtless,  participated  in  the  dis- 
cussions of  the  various  points  embraced  in  the  work  they  had  in 
hand,  and  justly  shared  in  the  honor  of  the  labor.  But  their 
secretary  alone,  could  mould  and  shape  the  honest  but  crude 
suggestions,  into  the  clear  and  exjilicit  form  of  legislative  pro- 
cedure. Tlie  discriminating  acumen  acquired  by  his  legal 
education,  gave  him  an  ability  in  drafting  judicial  and  legisla- 
tive documents,  which  was  then  as  important  as  it  was  rare, 
and  was  duly  appreciated  by  such  men  of  his  associates  as  the 
Hon.  Messrs.  Marvin,  Robinson,  Mosely,  Walbridge,  Marsh, 
Jacob,  and  Hunt. 

In  the  year  1781,  Mr.  Townsend  was  called  to  fill  the  ofiice 
of  secretary  of  state,  under  the  administration  of  the  Hon. 
Thomas  Chittenden,  and  was  continued  in  that  station  by  annual 
election  until  1788.  While  occupying  this  position,  his  habits 
of  promptitude  and  regularit}'^  enabled  him,  by  reforming  the 
looseness  and  confusion  which  had  prevailed  in  the  department, 
to  establish  system  and  order.  By  these  means,  access  to  the 
records  was  rendered  easier,  and  the  facilities  for  the  dispatch 
of  business  were  increased. 

Pending  the  controversy  between  New  York  and  Vermont, 
Micah  Townsend  was,  on  the  10th  of  July,  1784,  arrested  in  the 
city  of  New  York,  by  Seth  Smith,  "  solely  for  his  ofiiciating  in 
the  line  of  his  duty  as  clerk  of  the  county  court  of  Windham 
county,"  and  was  obliged  to  give  bail  in  the  sum  of  £2000  for 
his  appearance.  Tlie  matter  having  been  laid  before  the  Gene- 
ral Assembly  of  the  state,  an  act  of  indemnity  was  passed  at 
the  next  session  of  the  Legislature,  by  which  commissioners 
were  appointed  to  sell  lands  in  the  state  of  Vermont,  belonging 
to  citizens  of  New  York,  until  money  enough  should  be  raised 
from  the  sales,  to  reimburse  Mr.  Townsend  all  the  expenses 
consequent  upon  his  aiTest. 

For  domestic  reasons  Mr.  Townsend  resigned  his  state  secre- 
taryship in  1788,  much  to  the  regret  of  all  persons  connected 
with  the  government.  On  tendering  to  the  Legislature  the 
seals  of  his  office,  the  event  was  noticed  by  the  House  in  the 
following  complimentary  resolution : — 


704  HISTORY   OF   EASTERN   VERMONT. 

"  In  General  Assembly,  21st  October,  1788. 

"  Resolved,  that  this  House  having  accepted  the  resignation 
of  Micah  Townsend,  Esqr,,  late  Secretary  of  this  State,  feel 
themselves  obliged  to  express  the  warmest  sentiments  of  grati- 
tude to"  that  gentleman,  for  the  fidelity  and  skill  with  which  he 
has  discharged  the  duties  of  his  said  office.  That  it  is  with  re- 
luctance we  consent  that  an  officer  of  state  of  his  ingenious  ac- 
complishments, which  have  been  so  faithfully  and  to  so  general 
satisfaction  exerted  for  the  public  good,  should  so  soon  retire 
from  the  station  he  has  filled  with  advantage  to  the  state,  and 
honor  to  himself." 

His  services  were  rendered  with  great  fidelity,  and  were  left 
to  the  judgment  of  those  for  whom  he  labored,  without  any 
subsequent  effort  to  bring  them  into  notice.  The  estimation  in 
which  they  were  held  by  a  man  whose  memory  will  ever  be 
fresh  in  the  hearts  of  the  inhabitants  of  Vermont,  affords  addi- 
tional evidence  of  their  value.  "  In  the  year  1835,  I  was  in 
Middlebury,"  writes  his  son,  the  Eev.  Canon  Townsend,  "  and 
called  upon  the  Hon.  Nathaniel  Chij)man,  an  early  friend  of 
my  father,  from  whom  I  learned  the  high  estimation  in  which 
he  was  held  for  his  integrity,  the  clearness  of  his  intellect,  and 
his  legal  attainments.  This  opinion  he  illustrated  by  saying^ 
'  The  state  of  Vermont  would  this  day  have  been  far  wiser  and 
richer  could  she  have  retained  his  services  from  the  time  of  his 
resignation  to  the  present,  at  a  salary  of  ten  thousand  dollars 
per  annum.'' " 

He  now  retired  from  all  public  business  to  the  bosom  of  his 
family,  residing  still  in  Brattleborough  until  the  year  1801, 
when  he  disposed  of  his  estate  at  that  place  to  the  Hon.  Royall 
Tyler,  and  with  his  family  dwelt  in  Guilford  for  one  year.  In 
the  spring  of  1802  he  removed  to  the  township  of  Farnham, 
Lower  Canada,  where  a  grant  of  land  had  been  made  by  the 
British  government  of  twelve  hundred  acres  to  each  of  the 
children  of  Col.  Samuel  "Wells,  as  a  compensation  for  the  losses 
sustained  by  their  father  during  the  revolutionary  war.  He 
lived  here  in  retirement,  devoted  to  domestic  and  religious  du- 
ties until  1816,  when  he  changed  his  residence  to  Clarenceville, 
that  he  might  spend  the  evening  of  his  life  with  his  son,  the 
Rev.  Micajah  Townsend.  Although  for  many  years  he  had 
intended  not  to  engage  again  in  public  business,  yet  as  his 


REVIEW   OF   HIS   CIIARACTEK.  YOo 

health  was  good  and  his  faculties  iimmpaired,  he  yielded  to 
the  solicitation  of  the  people  to  make  himself  useful  among 
them  as  a  justice  of  the  peace,  and  from  the  Governor,  the  Earl 
of  Dalhousie,  he  received  the  a})pointment  of  judicial  commis- 
sioner for  the  trial  of  small  causes.  At  length  admonished  by 
the  infirmities  of  age,  he  resigned  these  ofiices,  and  filled  up  his 
time  in  gardening,  reading,  and  meditation. 

In  the  year  1831  he  was  called  to  part  with  the  faithful  wife 
of  his  youth,  who  died  on  the  27th  of  June,  at  the  age  of 
seventy-one,  in  the  peace  and  joy  of  Christian  hope.  To  her 
he  had  been  united  for  more  than  half  a  century,  and  he 
mourned  her  loss  with  deep  sorrow  and  a  chastened  submission. 
Her  departure  was  regarded  by  him  as  a  solemn  premonition 
of  his  own  decease,  at  no  distant  period,  and  this  presentiment^, 
was  soon  verified,  for  he  survived  her  but  ten  months.  About 
the  middle  of  the  following  spring  he  was  attacked  with  chills 
and  fever,  and  on  the  23d  of  April,  1832,  his  mortal  life  termi- 
nated at  the  age  of  about  eighty-three. 

He  was  a  member  of  the  Masonic  fraternity,  and,  according 
to  the  certificate  of  lodge  No.  2  of  the  province  of  New  York, 
was  elevated  to  a  Master  Mason's  degree  on  the  14th  of  June, 
1770.  His  moral  character  was  marked  for  its  truthfulness, 
integrity,  justice,  and  honesty.  His  mind  was  stored  with  va- 
ried and  extensive  knowledge.  His  style  of  writing  was  plain, 
classical,  and  elegant.  His  business  habits  were  characterized 
with  system,  order,  and  correctness.  His  disposition  was  mild, 
amiable,  and  forgiving.  His  personal  deportment  was  dignified 
yet  unforbidding,  and  his  manners  graceful,  polished,  and  gen- 
tlemanly. For  the  last  thirty  years  of  his  life,  his  daily  prac- 
tice was  to  retire  for  an  hour  at  twilight  for  meditation  and 
prayer,  and  yet  his  personal  piety  which  was  thus  sustained, 
and  was  further  evinced  by  a  constant  attendance  on  public 
worship  and  communion  in  the  Episcopal  church,  of  whicli  he 
had  been  from  youth  a  member,  was  of  a  meek  and  un^ 
obtrusive  character,  commending  itself  more  by  deeds  than 
words. 

Tliough  his  physical  activity  was  abated  by  age,  his  bodily 
health  was  unimpaired,  and  his  sight  and  hearing,  and  appetite 
for  food  and  sleep  undiminished.  His  mental  powers,  upheld 
by  the  habit  of  reading,  had  lost  but  little  of  their  vigor,  and 
he  could  compose  and  write  with  his  customary  ease  and  per- 
spicuity up  to  the  time  of  his  last  illness.     His  remains  were 

45 


^6  HISTORY   OF   EASTERN   VERMONT. 

deposited  by  the  side  of  those  of  his  wife,  in  the  cemetery  of 
the  parish  of  St.  George,  Clarenceville,  Lower  Canada.* 


AMOS   TUTE. 


The  name  of  Amos  Tute  appears  first  as  connected  with  the 
settlements  bordering  the  banks  of  the  Connecticut  river,  in  a 
muster  roll  of  a  company  of  rangers  commanded  by  Capt.  John 
Burk,  who  were  stationed  at  Hinsdale's  Fort,  in  the  year  1Y57. 
He  was  one  of  the  earliest  inhabitants  of  the  town  of  Vernon, 
and,  for  the  period  in  which  he  lived,  was  a  man  of  wealth  and 
influence.  In  the  year  1755,  Mrs.  Jemima  Howe,  who  was  af- 
terwards known  as  the  "  Fair  Captive,"  was  taken  prisoner  by 
the  Indians,  and  carried  to  Canada.  On  her  return  she  became 
the  wife  of  Mr.  Tute.  In  1768,  Mr.  Tute,  by  a  commission 
from  Cadwallader  Colden,  Lieutenant-governor  of  the  province 
of  New  York,  was  appointed,  on  the  7th  of  April,,  a  coro- 
ner for  Cumberland  county,  and  held  that  office  until  the 
breaking  out  of  the  revolutionary  war.  The  inquest  on  the 
body  of  William  French,  who  was  shot  at  the  "Westminster 
Massacre,  was  held  before  him,  and  his  name  appears  on  the 
paper  which  declared  the  result  of  this  investigation. 

To  those  curious  in  epitaphic  lore,  the  following  inscription 
may  not  prove  uninteresting.  It  is  copied  from  the  stone  which 
marks  the  grave  of  his  son  Jonathan,  in  the  burial  ground  at 
Yernon,  and  was  probably  composed  by  the  Rev.  Bunker  Gay, 
of  Hinsdale,  New  Hampshire. 

■^emento   Moj-j 


Here  lies  cut  down  like  unripe  Fruit 
A  Son  of  M""        Amos      Tute 

*  Many  of  the  facts  contained  in  this  notice  were  supplied  by  the  Rev.  Canon 
Micajah  Townsend,  of  Clarenceville,  Lower  Canada,  the  only  surviving  son  of 
Micah  Townsend.  The  other  sources  consulted  are,  the  George  Clinton  Papers, 
in  N.  Y.  State  Lib.,  vol.  viii.  doc.  2397;  vol.  xii.  doe.  3718.  Petitions  in  office 
Sec.  State  N.  Y.,  xxxiiL  104.  Journal  N.  Y.  Prov.  Cong.,  i.  603,  641,  744,  952; 
iL  464.  Laws  of  N.  Y.,  Holt's  ed.,  1777-1783,  p.  47.  Barber's  N.  Y.  Hist.  ColL, 
ed.  1841,  pp.  463,  598-601.  Journal  Gen.  Ass.  Vt.,  Oct.  1784,  pp.  13,  29.  Wil- 
liams's Hist.  Vt.,  ii.  262.  Slade's  Vt  State  Papers,  pp.  491,  611,  516,  531.  Dem- 
ing's  Cat.  Vt.  Officers,  passim. 


AMOS  TUTE.  707 

And  M"  Jemima  Tute  his  Wife 

Call'd  Jonathan  of  Whose  frail  Life 

The  days  all  Summ'd  (how  Short  th'  Account). 

Scarcely  to  fourteen  years     Amount 

Born  on  the  Twelveth  of  May  Was  He 

In  Seventeen  Hundred  Sixty       Three 

To  Death  he  fell  a  helpless        Prey 

April  the  Five  &  Twentieth      Day 

In  Seventeen  Hundred  Seventy  Seven 

Quitting  this  World    We  hope  for  Heaven 

But   tho    his    Spirits   fled   on    High 

His  body  mould'ring  here  muft         lie 

Behold   the    amazing         alteration 

Effected  by  Jnoculation 

The  Means  improv'd  his  Life  to  Save 

Hurr'ed  him  headlong  to  the  Grave. 

Full  in  the  Bloom  of  Youth    he   fell 

Alas        What   human  Tongue  can  tell 

The  Mothers  Grief  her   Anguilh  Show 

Or  paint  the  Fathers  heavier       Woe 

Who    now    no    nat'ral    offfpring     has 

His   ample  Fortune   to         poflefs 

To  All  his  Place  Stand  in  his    Stead 

Or  bear  his  Name  When  he  is  dead 

So  God  Ordain'd,  His  Ways  are  Juft 

Tho  Empires  Crumble  into  Duft 

Life  and  the  World  Mere  Bubbles  are 

Set  loofe  to  thefe,  for  Heaven  prepare. 

In  the  same  grave-yard  are  deposited  the  mortal  remains  of 
Amos  Tute.     His  memorial  is  in  these  words : — 

In  Memory  of 

Mr.  Amos  Tute, 

who  died  April  iTth 

1790  in  the  60th 

yeax  of  his 

Age. 

Were  I  so  Tall  to  Beach  the  Pole 
Or  grasp  the  Ocean  with  my  Span 
I  must  he  measured  hy  my  soul 
The  Mind's  the  standard  of  the 
Man. 


708 


HISTORY   OF   EASTERN   VERMONT. 


By  his  will  Mr.  Tute  devised  "  a  certain  tract  or  farm  of  land, 
situate  and  being  in  Brattleborough,"  for  the  use  of  the  schools 
in  that  town.* 


KOTALL   TTLEE. 


Under  the  colonial  gov- 
ernment of  Massachu- 
setts, the  Hon.  Koyall 
Tyler,  who  resided  in 
Boston,  held  several  sta- 
tions of  distinction.  At 
that  place  his  second 
son,  the  subject  of  this 
notice,  was  born,  "  in 
the  neighborhood  of 
Faneuil  Hall,"  in  the 
year  1758,  and  was  at 
first  called  Wil- 
liam Clark  Tyler. 
On  the  death  of 
his  father,  the 
name  of  the  son 
was  changed  by 
an  act  of  the  Gen- 
eral court,  and  at 
the  suggestion  of  his  mother,  to  Royall  Tyler,  and  under  this 
name  he  entered  Harvard  College,  at  the  early  age  of  fourteen. 
"While  at  this  institution,  he  evinced  a  fondness  for  study  and  a 
readiness  of  apprehension  which  gave  him  a  high  position 
among  the  members  of  his  class.  His  collegiate  career  was 
disturbed  by  the  war  of  the  revolution,  but  in  spite  of  inter- 
ruption he  maintained  an  honorable  standing,  and  on  gradu- 
ating in  1776,  received  the  usual  degree  of  B.  A.,  and  the  ap- 
pointment of  valedictorian.  In  the  same  year  the  B.  A.  degree 
was  conferred  upon  him  by  Yale  College,  as  an  honorary  dis- 
tinction. He  proceeded  Master  of  Arts  at  his  own  Alma  Mater, 
in  1779,  and  received  the  same  degree  from  the  TJ—"— oi+^  r>f 


*  Acts  and  Laws  of  Vt.,  1'794,  pp.  33,  34. 


KOYALL   TTLEE.  709 

Yermont  in  1811.  In  1802,  lie  was  chosen  a  member  of  the 
corporation  of  the  latter  institution,  which  position  he  held  until 
1813,  and  was  professor  of  jurisprudence  in  the  same  seminary 
of  learning  from  1811  to  1814. 

Soon  after  leaving  college  he  studied  law  with  Francis  Dana 
of  Cambridge.  During  the  war  he  served  for  a  short  time  as 
aide-de-camp  to  General  Lincoln,  and  was  engaged  in  the  same 
capacity  in  the  years  1786  and  1787,  "  when  that  officer  com- 
manded the  military  force  of  Massachusetts,  called  out  to  sup- 
press the  rebellion  of  Daniel  Shays."  "  He  was  also  deputed 
by  Governor  Bowdoin  to  the  government  of  New  York,  to 
make  arrangements  for  the  delivery  of  Shays  and  his  adher- 
ents to  the  authorities  of  Massachusetts,  should  they  escape  to 
that  state."  For  the  purpose  of  conducting  similar  negotiations 
with  the  government  of  Yermont,  he  was  sent  to  the  General 
Assembly  of  that  state,  during  the  month  of  October,  1786. 
His  energy  and  enterprise  in  this  emergency  were  of  great 
value  in  leading  the  neighboring  states  to  take  efficient  mea- 
sures in  preventing  the  rioters  from  receiving  external  aid. 
After  spending  the  years  of  his  early  manhood  in  the  practice 
of  the  law,  not  only  in  Boston  but  in  the  neighboring  towns,  he 
removed  to  Yermont,  and  married  Miss  Palmer,  the  daughter 
of  an  old  and  valued  friend.  Becoming  a  citizen  of  Brattle- 
borough,  he,  in  1801,  purchased  the  residence  of  Micah  Town- 
send.  His  abilities  as  a  lawyer  and  a  man  of  learning  were 
already  extensively  acknowledged,  and  he  soon  numbered 
among  his  friends  many  of  the  most  able,  polished,  and  social 
gentlemen  of  his  adopted  state. 

In  1796  he  was  appointed  state's  attorney  for  Windham 
county,  and  held  the  office  until  the  year  1800.  He  presided 
as  side  judge  of  the  Supreme  court  of  Yermont  from  1801  to 
1806,  when  he  was  chosen  chief  judge.  This  position  he  re- 
tained until  the  year  1812.  Party  strife  and  ill  health  com- 
bined were  the  causes  which  prevented  him  from  being  chosen 
to  fill  this  office  for  a  longer  period.  From  the  year  1815  to  the 
year  1821  he  was  register  of  probate  for  Windham  county,  and 
this,  it  is  believed,  was  the  last  public  station  he  was  called  to 
occupy.  An  idea  of  the  originality  of  his  style  and  manner 
in  arguing  a  case,  under  circumstances  calculated  to  produce 
embarrassment,  may  be  gained  from  the  following  anecdote. 

At  a  court  held  in  Newfane,  he  undertook  his  first  case  after 
he  left  the  bench.     lie  bad  not  practised  for  a  long  time,  and 


710  mSTORT   OF   EASTERN   VERMONT. 

many  of  the  lawyers  at  the  bar  had  never  heard  him  address  a 
jury.  At  the  period  refen-ed  to,  the  disease  of  which  he  died 
— a  cancer  on  the  left  side  of  the  nose,  near  the  eye — caused 
him  to  wear  a  patch  of  black  silk  on  his  face,  which  did  not 
tend  to  improve  his  appearance.  The  case  was  one  of  impor- 
tance, involving  tlie  property  of  his  client,  a  certain  Mr.  Rich- 
ardson. The  opposing  counsel,  in  presenting  their  pleas,  made 
frequent  reflections  upon  the  ex-chief-justice,  declaring  that  his 
faculties  were  failing,  that  he  had  a  disease  about  him,  and  that 
he  had  been  turned  from  the  bench  for  incapacity.  During  the 
delivery  of  these  sentiments  Judge  Tyler  sat  within  the  bar, 
taking  no  notes,  and  apparently  entirely  oblivious  of  what  was 
passing  around  him.  When  the  time  came  for  him  to  address 
the  jury,  he  rose  in  his  place,  and  turning  his  back  upon  the 
twelve  men  whose  minds  he  was  desirous  of  influencing,  called 
out  to  his  client : — "  Richardson  !  come  here ! "  Richardson 
started  up  in  great  astonishment,  and  made  his  way  through 
the  crowded  court-room  to  the  railing  within  which  the  lawyeis 
sat.  "  Richardson ! "  said  Judge  Tyler,  turning  to  that  indi- 
vidual, who  was  exceedingly  surprised  at  the  oddity  of  the  pro- 
ceedings, "  go  home  !  There  is  no  use  of  your  staying  here  ! 
I  thought  you  had  a  case,  a  good  case  !  "  He  then  went  on, 
with  his  back  to  the  jury  and  judge,  to  tell  his  client  all  the 
strong  points  of  his  case,  making  it  very  plain,  or,  at  least, 
making  it  appear,  that  Richardson  had  been  basely  abused  by 
the  lawyers  on  the  other  side.  "  But,"  said  he  in  conclusion, 
"  I  was  mistaken  in  supposing  you  had  any  rights  that  could  be 
maintained.  It  appears  you  have  no  case  because  my  faculties 
are  failing,  and,  what  is  worse,  you  have  no  case  at  all,  hecause 
I  have  this  patch  on  my  nose.  Go  home !  Go  home  !  I  can't 
be  expected  to  say  a  word  to  the  jury  under  such  circum- 
stances !  "  With  these  words  Judge  Tyler  sat  down.  The  op- 
posing counsel  were  dumbfoundered  at  this  mode  of  attack, 
but  the  jury  were  only  out  long  enough  to  make  up  for  Rich- 
ardson a  most  satisfactory  verdict. 

Social  in  his  disposition  and  possessing  a  mind  well  stored 
with  information  derived  both  from  books  and  their  prototypes, 
men,  he  was  the  delight  of  all  who  knew  him,  and  was  the  lead- 
ing spirit  on  those  occasions  when  the  witty,  the  learned,  and 
the  wise  were  assembled.  To  high  mental  ability  there  was 
joined  in  his  character  an  uncommonly  benevolent  and  friendly 
disposition,  which  gained  him  the  love  and  respect  of  many 


BIOGKAPHICAL   SKETCH   OF   KOYALL   TYLEK.  711 

attached  friends.  As  a  judge  lie  was  conscientious,  clear-minded, 
and  just,  both  by  a  natural  sense  of  right  and  an  extensive  know- 
ledge of  precedents.  His  humanity,  though  naturally  unbounded, 
was  so  guided  as  to  produce  the  most  beneficial  i-esults.  As  a 
citizen,  he  was  public-spirited  and  liberal ;  as  a  neighbor, 
thoughtful  and  unobti-usive ;  as  a  husband,  kind  and  attentive. 
His  widow  still  survives  him,  in  the  enjoyment  of  all  her  mental 
faculties,  though  advanced  in  the  octogenarian  rank.  The 
remains  of  Judge  Tyler  repose  in  the  burial-ground  at  Brattle- 
borough.  A  white  marble  stone,  which  marks  the  place  of  his 
sepulture,  bears  upon  its  face  the  following  inscription : 

ROYALL  TYLER 

Beip.  T.  Mont.  Cm-.  Sup.  Jurid. 

Princ. 

MOKTEM     ObIIT 

Die  XYI.  Aug.  Anno  Domini 

MDCCCXXYI. 

Etatis  Suse 

LXYHI. 

Uxor  et  liberi 

ejus 

Hoc  saxum    ponendum 

Curaverunt. 

As  a  contributor  to  the  early  literature  of  this  country.  Judge 
Tyler  deserves  to  be  held  in  honorable  remembrance.  The 
annexed  account  of  his  writings,  is  taken  from  that  most 
valuable  and  tasteful  work,  the  "Cyclopsedia  of  American 
Literature." 

"Royall  Tyler  was  a  wit,  a  poet,  and  a  chief  justice.  His 
life  certainly  deserves  to  be  narrated  with  more  particularity 
than  it  has  yet  received.  His  writings,  too,  should  be  collected 
and  placed  in  an  accessible  form.  American  Hterature  cannot  be 
charged  with  poverty,  while  it  has  such  valuables  uninvested, 

in  its  forgotten  repositories." In  the  year  1786  while  at 

New  York,  for  the  purpose  of  conducting  some  negotiations  con- 
nected with  the  suppression  of  the  Shays  rebellion,  "  a  comedy 
which  he  had  written  dm-ing  his  military  service  was  produced 
on  the  stage.  It  was  entitled  '  The  Contrast,'  and  has  the  dis- 
tinction of  being  the  first  stage  production  in  which  the  Yankee 
dialect  and  story-telling  since  so  familiar  in  the  parts  wiitten 


V12  HISTORY    OF   EASTEEN   VERMONT. 

for  Hackett,  Hill,  and  others,  v/as  employed.  It  was  more  than 
that.  It  was  the  first  American  play  which  was  ever  acted  on 
a  regular  stage  by  an  established  company  of  comedians.  It 
was  played  at  the  old  John  Street  Theatre  in  New  York,  under 
the  management  of  Hallam  and  Henry,  April  16th,  1786.* 
Its  success  was  such  as  to  induce  the  author  to  produce  a  second, 
entitled  'May  Day,  or  New  York  in  an  Uproar,'  for  the  benefit  of 
the  actor  Wignell  in  the  May  following.  . 

"  The  Country  Jonathan,  in  the  '  Contrast,'  on  a  visit  to  town, 
drops  into  the  theatre  with  the  expectation  of  seeing  '  a  hocus- 
pocus  man,'  and  sits  out  a  performance  of  the  '  School  for 
Scandal'  without  any  notion  that  he  has  visited  a  play-house. 
On  being  asked  if  he  saw  the  man  with  his  tricks :  '  Why,  I 
vow,'  says  he,  '  as  I  was  looking  out  for  him,  they  lifted  up  a 
great  green  cloth,  and  let  us  look  right  into  the  next  neighbor's 
house.'  '  Have  you  a  good  many  houses  in  New  York  made 
in  that  ere  way  ?'  he  asks ;  and  is  told,  not  many.  To  an  in- 
quiry whether  he  saw  the  family,  and  how  he  liked  them,  he 
replies  :  '  Why,  I  vow,  they  were  pretty  much  Hke  other  fami- 
lies. There  was  a  jooor,  good-natured  curse  of  a  husband,  and 
a  sad  rantipole  of  a  wife.'  At  the  close,  he  asks  for  his  money, 
as  he  has  not  had  the  show.  '  The  dogs  a  bit  of  a  sight  have  I 
seen,'  he  says,  '  unless  you  caU  listening  to  people's  private 
business  a  sight.' 

"  Tyler  not  long  after  gained  considerable  reputation  by  his 
contributions  to  that  very  pleasant  newspaper  and  miscellany, 
one  of  the  very  best  of  its  kind  ever  published  in  this  country, 
the  '  Farmer's  "Weekly  Museum,'  published  at  Walpole  in  New 
Hampshire,  by  Isaiah  Thomas  and  David  Carlisle.  When 
Demiie  became  its  editor,  Tyler  was  called  in  to  assist  him  with 
his  contributions  '  from  the  shop  of  Messrs.  Colon  and  Spondee,' 
an  amusing  melange  of  light  verse,  and  entertaining  social  and 
political  squibs,  which  he  had  already  opened  in  the  journals, 
the  '  Eagle '  at  Hanover,  the  '  Federal  Orrery '  at  Boston,  and 
the  '  Tablet.' 

"  Tyler  also  published  a  series  of  papers  with  the  title,  '  An 
Author's  Evenings,'  in  the  'Port  Folio'  for  1801,  and  subse- 
quently. A  liberal  collection  of  the  '  Colon  and  Spondee'  pa- 
pers is  included  in  a  volume  published  by  Thomas  and  Thomas 


*  He  gave  the  copyright  to  the  principal  actor  in  the  piece,  Wignell,  who  pub- 
lished it  by  Bubscription. 


BIOGRAPHICAL  SKETCH  OF  EOTALL  TYLEE.         713 

at  Walpole  in  1801,  entitled  '  The  Spirit  of  tlie  Farmer's  Mu- 
seum, and  Lay  Preacher's  Gazette.'  His  facility  in  verse  in 
these  compositions  was  remarkable.  He  had  great  command 
of  versification  and.  an  abundant  fund  of  impromptu  humor. 
His  '  Colon  and  Spondee '  articles  are  divided  between  federal 
politics,  attacks  on  French  democracy,  the  Delia  Cruscan  lite- 
rature, and  the  fashionable  frivolities  of  the  day.  The  jiara- 
graphs  in  prose  show  the  author's  wit,  taste  in  literature,  and 
strongly  marked  opinions  of  the  federal  school  in  jDolitics. 

"  In  1797,  he  wrote  a  comedy  in  three  acts,  '  The  Georgia 
Spec,  or  Land  in  the  Moon,'  in  ridicule  of  a  speculating  mania 
for  wild  Yazoo  lands.  It  was  repeatedly  performed  in  Eoston 
with  success.  He  wrote  some  other  dramatic  productions,  but 
none  of  them  have  been  published. 

"  In  1797,  appeared  from  the  press  of  David  Carlisle,  at  Wal- 
pole,  in  two  volumes,  his  '  Algerine  Captive,  or  the  Life  and 
Adventures  of  Updike  Underhill :  Six  Years  a  Prisoner  among 
the  Algerines.'  It  is  dedicated  to  the  poet  Humphreys.  This 
work  is  said  to  have  been  mistaken  by  an  English  critic  for  a 
narrative  of  actual  adventure.  It  is  a  fictitious  book  of  me- 
moirs, in  which  the  author  ventilates  his  opinions  on  various 
topics  of  American  society,  paints  the  horrors  of  the  slave- 
trade,  and  the  now  almost  incomprehensible  grievances  which 
the  European  and  American  powers  for  a  long  time  endured 
from  the  assumptions  of  the  Algerines.  In  the  close  of  the  work, 
there  are  some  sketches  of  Mahometanism.  The  book  is  written 
in  short  chapters,  with  spirit  and  neatness  of  style.  There  is 
quite  enough  of  ingenuity  in  the  thought,  coupled  with  the  de- 
scriptions of  the  manners  of  the  times,  to  redeem  this  work  from 
the  neglect  into  which  it  has  fallen.  Tliough  printed  in,  at  least, 
a  second  American  edition,  it  is  now  exceedingly  scarce. 

"  In  1799,  he  composed  a  Fourth  of  July  ode  for  the  public 
celebration  of  the  day  at  Windsor,  Vermont,  and  a  convivial 
song  for  the  same  occasion.  He  was  frequently  called  upon 
for  these  services,  and  for  the  occasional  prologues  in  vogue  at 
charitable  and  other  theatrical  benefits. 

"  In  1804,  we  notice  Tyler  as  a  contributor  of  verses  to  the 
'  Columbian  Sentinel.'  In  1809,  he  published  two  volumes  of 
'  Reports  of  Cases  in  the  Supreme  Court  of  Vermont.'  He  still 
continued  to  write  for  the  journals,  in  the  Port  Folio,  and  in 
other  quarters.  Some  of  his  latest  productions  appeared  in  the 
'New  England  Galaxy.'     In  1806,  he  was  a  contributor  to 


714  HISTOKY   OF   EASTERN    VERMONT. 

Buckingham's  monthly  periodical,  '  Tlie  Polyanthus,'  of  the 
papers  entitled  '  Trash,'  and  a  number  of  fugitive  poetical 
pieces,  and  again,  on  the  revival  of  the  publication  in  1812." 

Though  the  writings  of  Judge  Tyler  are  but  little  known  at 
the  present  day,  yet  his  ability  has  been  warmly  eulogized  by 
those  best  acquainted  with  his  scattered  productions.  "  Tyler's 
contributions  to  the  Farmer's  Museum,"  observes  the  Hon.  J. 
T.  Buckingham,  "  were  numerous,  and,  if  collected,  would  fill 
several  volumes.  He  wrote  rapidly,  and  could  vary  his  style 
'  from  grave  to  gay,  from  lively  to  severe,'  as  easily  as  he  could 
draw  on  his  glove.  Most  of  the  articles,  purporting  to  be  'from 
the  Shop  of  Messi's.  Colon  and  Spondee,'  were  written  by  him ; 
the  poetical  pieces,  I  beheve,  are  all  of  his  composition.  These 
he  generally  threw  off  with  a  dash  of  the  pen,  seldom  taking 
any  pains  to  revise  them.  They  are  noted  for  inaccuracy  of 
rhymes — a  defect  which  he  thought  hardly  worthy  of  his  atten- 
tion,— but  they  are  remarkable  for  sprightliness  of  thought  and 
expression,  and  an  easy  flow  of  language.  They  embraced 
topics  of  all  sorts,  local  and  general,  temporary  and  permanent, 
and  were  well  charged  with  wit  and  humor.  The  complexion 
of  the  political  articles  was  purely /"et^era^."  The  remarks  of 
the  Eev.  Hosea  Beckley  respecting  the  literary  efforts  of  Judge 
Tyler,  though  a  little  adulatory,  are  worthy  of  notice.  "  His 
Algerine  Captive  is  one  of  the  best  works  of  the  kind  which 
our  country  has  produced,  and  is  evidence  of  great  invention 
and  versatility  of  talents  in  the  writer.  Several  of  his  charges 
to  juries  and  condemned  criminals  were  published,  and  are 
specimens  of  elegant  composition,  as  well  as  evidence  of  his 
professional  knowledge.  He  was  a  man  of  ready  wit  and  great 
facetiousness.  So  innate  w^as  his  vein  of  humor,  that  in  his  last 
days,  under  the  painful  and  melancholy  inroads  of  a  cancer, 
scintillations  from  his  happy  genius  would  occasionally  burst 
forth.  His  pen  was  often  applied  to  correct  and  polish  manu- 
scripts designed  for  the  press."  * 

The  limits  of  this  sketch  will  not  allow  of  the  introduction  of 

*  Harv.  Coll.  Triennial  Catalogue.  Yale  Coll.  Triennial  Catalogue.  Thomp- 
son's Vt.,  Part  II.  pp.  149,  150.  Deming's  Catalogue  Vt.  Officers,  pasmn.  Ira 
Allen's  Hist.  Vt.,  p.  248.  Beckley's  Hist.  Vt.,  p.  274.  Cyclopsedia  of  Am.  Lit., 
by  R  A.  and  G.  L.  Duyckinck,  i.  415-420.  Dunlap's  Hist.  Am.  Theatre,  Londcfn 
ed.,  1833,  pp.  135-141.  Monthly  Anthology,  Boston,  ix.  344-347.  Buckingham's 
Specimens  of  Newspaper  Literature,  L  161,  162;  ii.  177,  197,  199-210,  226.  The 
Spirit  of  the  Farmer's  Museum  and  Lay  Preacher's  Gazette,  Walpole,  N.  II,  1801, 


TREATMENT   OF   SLAVES   ON   BOARD   SHIP.  715 

but  one  extract  from  his  writings.  Tliat  selected  is  a  chapter 
from  the  Algerine  Captive.  The  author,  in  this  instance,  ap- 
peal's as  a  surgeon  on  board  of  a  slaver.  The  title  of  the  chap- 
ter is — 

"  Treatment  of  the  Slaves  on  board  the  Ship. — Of  one 
hundred  and  fifty  Africans,  we  rejected  seventeen,  as  not  mer- 
chantable. While  I  was  doubting  which  to  lament  most,  those 
who  were  about  being  precipitated  into  all  the  miseries  of  an 
American  slavery,  or  those  whom  we  had  rej  ected,  as  too  wretched 
for  slaves.  Captain  Russell  was  congratulating  the  slave  con- 
tractors upon  the  immense  good  luck  they  had,  in  not  suffering 
more  by  this  lot  of  human  creatm'es.  I  understood  that,  what 
from  wounds  received  by  some  of  these  miserable  creatures  at 
their  capture,  or  in  theu'  violent  struggles  for  liberty,  or  at- 
tempts at  suicide ;  with  the  fatigue  of  a  long  journey,  partly 
over  the  burning  sands  of  a  sultry  climate,  it  was  usual  to  esti- 
mate the  loss  in  the  passage  to  the  sea-shore,  at  twenty-five  per 
cent. 

"ilN^o  sooner  was  the  purchase  completed,  than  these  wretched 
Africans  were  transported  in  herds  aboard  the  ship,  and  imme- 
diately precipitated  between  decks,  where  a  strong  chain,  at- 
tached to  a  staple  in  the  lower  deck,  was  riveted  to  tlie  bar, 
before  described ;  and  then  the  men  were  chained  in  pairs,  and 
also  handcuffed,  and  two  sailors  with  cutlasses  guarded  eveiy 
twenty :  while  the  women  and  children  were  tied  together  in 
pairs  with  ropes,  and  obliged  to  supply  the  men  with  provisions, 
and  the  slush  bucket ;  or,  if  the  young  women  were  released,  it 
was  only  to  gratify  the  brutal  lust  of  the  sailors  :  for,  though  I 
cannot  say  I  ever  was  witness  to  an  actual  rape,  yet  the  fre- 
quent shrieks  of  these  forlorn  females  in  the  berths  of  the  sea- 
men, left  me  little  charity  to  doubt  of  the  repeated  commission 
of  that  degrading  crime.  The  eve  after  we  had  received  the 
slaves  on  board,  all  hands  were  piped  on  deck,  and  ordered  to 
assist  in  manufacturing  and  knotting  cat-o'-nine-tails,  the  appli- 
cation of  which,  I  was  informed,  was  always  necessary  to  bring 
the  slaves  to  their  aj^petite.  The  night  after  they  came  on 
board,  was  spent  b/  these  wretched  people  in  sobbings,  groans, 
tears,  and  the  most  heart-rending  bursts  of  sorrow  and  despair. 
The  next  morning,  all  was  still.  Surprised  by  this  unexpected 
sUence,  I  almost  hoped  that  Providence,  in  pity  to  these  her 
miserable  children,  had  permitted  some  kindly  suffocation  to 
put  a  period  to  their  anguish.     It  was  neither  novel  nor  unex- 


T16  HISTORY   OF   EASTERN   VERMONT. 

pected  to  the  ship's  crew.  '  It  is  only  tlie  dumb  fit  come  on,' 
cried  every  one  ;  '  we  will  cure  them,'  After  breakfast,  the 
whole  ship's  crew  went  between  decks,  and  carried  with  them 
the  provisions  for  the  slaves,  which  they  one  and  all  refused  to 
eat.  A  more  affecting;  group  of  misery  was  never  seen.  These 
injured  Africans,  preferring  death  to  slavery,  or  perhaps  buoyed 
above  the  fear  of  dissolution  by  their  religion,  which  taught 
Ihem  to  look  with  an  eye  of  faith  to  a  country  beyond  the  grave, 
-where  they  should  again  meet  the  friends  and  relatives,  from 
whose  endearments  they  had  been  torn,  and  where  no  fiend 
should  torment,  or  Christian  thirst  for  gold,  had,  wanting  other 
means,  resolved  to  starve  themselves,  and  every  eye  lowered 
the  fixed  resolve  of  this  deadly  intent.  In  vain  were  the  men 
beaten.  They  refused  to  taste  one  mouthful ;  and,  I  believe, 
w^ould  have  died  under  the  operation,  if  the  ingenious  cruelty 
of  the  clerk,  Randolph,  had  not  suggested  the  plan  of  whipi:>ing 
the  women  and  children  in  sight  of  the  men  ;  assuring  the  meu 
they  should  be  tormented  until  all  had  eaten.  "What  the  tor- 
ments, exercised  on  the  bodies  of  these  brave  Africans,  failed 
to  produce,  the  feelings  of  nature  effected.  The  negro,  who 
could  undauntedly  expire  under  the  anguish  of  the  lash,  could 
not  view  the  agonies  of  his  wife,  child,  or  his  mother ;  and, 
though  repeatedly  encouraged  by  these  female  sufferers,  un- 
moved by  their  torments,  tt)  persevere  unto  death ;  yet,  though 
the  m,an  dared  to  die,  t\iQ  father  relented,  and  in  a  few  hours, 
they  all  ate  their  provisions,  mingled  with  their  tears. 

"  Our  slave  dealers  being  unable  to  fulfil  their  contract,  unless 
we  tarried  three  weeks  longer,  our  captain  concluded  to  remove 
to  some  other  market.  We  accordingly  weighed  anchor,  and 
steered  for  Benin,  and  anchored  in  the  river  Formosa,  where  we 
took  in  one  hundred  and  fifteen  more  slaves.  The  same  process 
in  the  purchase  was  pursued  here  ;  and,  though  I  frequently 
assured  the  captain,  as  a  physician,  that  it  was  impracticable  to 
stow  fifty  more  persons  between  decks,  without  endangering 
health  and  life,  the  whole  hundred  and  fifteen  were  thrust  with 
the  rest,  between  decks.  The  stagnant  confined  air  of  this 
infernal  hole,  rendered  more  deleterious  by  the  stench  of  the 
fceces,  and  violent  perspiration  of  such  a  crowd,  occasioned 
putrid  diseases  ;  and  even  while  in  the  mouth  of  the  Formosa, 
it  was  usual  to  throw  one  or  two  Negro  corpses  over  every  day. 
It  was  in  vain  I  remonstrated  to  the  captain.  In  vain  I  enforced 
the  necessity  of  more  commodious  berths,  and  a  more  free  influx 


TREATMENT   OF   SLAVES   ON   BOARD    SHIP.  717 

of  air  for  the^slaves.  In  vain  I  represented,  that  these  miserable 
people  had  been  used  to  the  vegetable  diet  and  pure  air  of  a 
country  life;  that  at  home  they  were  remarkable  for  cleanli- 
ness of  person,  the  very  rites  of  their  religion  consisting  almost 
entirely  in  frequent  ablutions.  The  captain  was,  by  this  time, 
pre]  udiced  aganist  me.  He  observed  that  he  did  not  doubt  my 
skill,  and  would  be  bound  by  my  advice,  as  to  the  health  of 
those  on  board  his  ship,  when  he  found  I  was  actuated  by  the 
interest  of  the  owners ;  but,  he  teared,  that  I  was  now  moved 
by  some  Yankee  nonsense  about  liumanity. 

"  Randolph,  the  clerk,  blamed  me  in  plain  terms.  He  said  he 
had  made  seven  African  voyages,  and  with  as  good  surgeons  as 
I  was ;  and  that  it  was  their  common  practice,  when  an  infec- 
tious disorder  prevailed  among  the  slaves,  to  make  critical  search 
for  all  those  who  had  the  slightest  symptoms  of  it,  or  whose 
habits  of  body  inclined  them  to  it ;  to  tie  them  up  and  cast  them 
over  the  ship's  side  together,  and  thus,  at  one  dash,  to  purify  the 
ship.  '  What  signifies,'  added  he,  '  the  lives  of  the  black 
devils  ?  They  love  to  die.  You  cannot  please  them  better  than 
by  chucking  them  into  the  water.' 

"  When  we  stood  out  to  sea,  the  rolling  of  the  vessel  brought 
on  the  sea-sickness,  which  increased  the  filth.  Tlie  weather 
being  rough,  we  were  obliged  to  close  some  of  the  ports  which 
ventilated  the  space  between  decks ;  and  death  raged  dreadfully 
among  the  slaves.  Above  two  thirds  were  diseased.  It  was 
affecting  to  observe  the  ghastly  smile  on  the  countenance  of  the 
dying  African,  as  if  rejoicing  to  escape  the  cruelty  of  his  oppres- 
sors. I  noticed  one  man,  v/ho  gathered  all  his  strength,  and,  in 
one  last  effort,  spoke  with  great  emphasis,  and  expired.  I 
understood  by  the  linguist,  that,  with  his  dying  breath,  he 
invited  his  wife,  and  a  boy  and  girl  to  follow  him  quickly,  and 
slake  their  thirst  with  him  at  the  cool  streams  of  their  Great 
Father,  beyond  the  reach  of  the  wild  white  beasts.  The  captain 
was  now  alarmed  for  the  success  of  his  voyage ;  and  upon  my 
urging  the  necessity  of  landing  the  slaves,  he  ordered  the  ship 
about,  and  we  anchored  near  an  uninhabited  part  of  the  gold 
coast,  I  conjecture  not  far  from  Cape  St.  Paul. 

"  Tents  were  erected  on  the  shore,  and  the  sick  landed.  Under 
my  direction  they  recovered  surprisingly.  It  was  affecting  to 
see  the  effect  gentle  usage  had  upon  these  hitherto  sullen,  obsti- 
nate people.  As  I  had  the  sole  direction  of  the  hospital,  they 
looked  on  me  as  the  source  of  this  sudden  transition  from  the 


f  IS  HISTORY    OF   EASTERN    VERMONT. 

filth  and  rigor  of  the  ship,  to  the  cleanliness  and  kindness  of 
the  shore.  Their  gratitude  was  excessive.  When  they  reco- 
vered so  far  as  to  walk  out,  happy  was  he,  who  could,  by  picking 
a  lew  berries,  gathering  the  Nvild  fruits  of  the  country,  or  doing 
any  menial  services,  manifest  his  affection  for  me.  Our  linguist 
has  told  me,  he  has  often  heard  them  behind  the  bushes,  pray- 
ing to  their  God  for  my  prosperity,  and  asking  him  with  earn- 
estness, why  he  put  my  good  hlack  soul  into  a  white  body.  In 
twelve  days  all  the  convalescents  were  returned  to  the  ship, 
except  five  who  staid  with  me  on  shore,  and  were  to  be  taken 
on  board  the  next  day."* 


Samuel  Wells. 

^  iAf  /5^  With  the  history  of  Cumberland  county, 
/f/l/yriAy£,c/^  the  name  of  Col.  Samuel  Wells  is  closely 
'I      ^dma  connected.     He  was  the  son  of  Jonathan 

^^^^l^^^^^^lZZ"^^""^^  Wells  and  Mary,  his  second  wife,  and  was 
bom  at  Deerfield,  Massachusetts,  on  the  9th  of  September,  1T30. 
He  had  three  brothers,  Jonathan,  David  and  Oliver,  and  two 
sisters,  Maiy  and  Rebecca.  He  married  Hannah  Sheldon,  and 
in  July,  1762,  settled  in  Brattleborough  on  a  farm  of  six  hun- 
dred acres,  situated  about  a  mile  north  of  the  East  village. 
Here  was  born  his  family  of  thirteen  children,  two  of  whom 
died  in  infancy.  The  remaining  five  sons  and  six  daughters,  all, 
with  the  exception  of  one  daughter,  married  in  Brattleborough. 
A  grant  of  twelve  hundred  acres  of  land  in  Canada  having 
been  made  to  each  of  them  by  the  Crown,  as  a  compensation 
for  the  losses  which  Colonel  Wells  had  suffered  during  the  Re- 
volution on  account  of  his  adherence  to  the  King,  they  all 
removed  thither  between  the  years  1798  and  1802.  The  daugh- 
ters were  married  to  Samuel  Gale,  Ephraim  Nash,  Micah 
Townsend,  Jonathan  Gorton,  Nathaniel  Church,  and  Ephraim 
Stimpson.  None  of  Col.  Wells's  children,  bearing  his  name, 
were  ever  prominent  men,  nor  yet  of  his  sons-in-law,  with  the 
exception  of  Samuel  Gale,  who  married  Rebecca,  his  first 
daughter,  and  Micah  Townsend,  who  married  his  third  daughter. 

*  The  Algerine  Captiye,  ed.  1797,  i.  195-204. 


SAIMUEL   WELLS.  719 

At  the  time  of  his  removal  to  Brattleborough,  the  population 
of  that  portion  of  the  New  Hampshire  Grants,  was  small  and 
sparse,  and  many  of  the  pioneers  of  civilization  were  contented 
when  they  were  so  fortunate  as  to  secure  a  roof  for  shelter  and 
food  to  sustain  life.  The  condition  of  Colonel  "Wells  was,  how- 
ever, superior  to  that  of  most  of  the  early  settlers  of  Vermont, 
and  the  influence  of  his  character  and  position  was  for  many 
years  extensively  acknowledged.  Upon  the  establishment  of 
Cumberland  county  by  the  government  of  New  York,  he  was 
appointed  a  judge  of  the  Inferior  court  of  Common  Pleas,  a 
justice  of  the  peace,  and  was  authorized  by  a  dedimus potestatem 
commission,  to  swear  all  who  should  take  office  in  the  county. 
The  commissions  issued  in  conformity  with  these  appointments, 
were  all  dated  the  ITth  of  July,  1766,  and  he  served  under 
them  until  the  authority  from  which  they  w^ere  derived  ceased 
to  be  acknowledged  by  the  people.  During  the  same  period 
he  was  the  chief  military  man  in  the  southern  part  of  the  county. 
"When,  in  answer  to  the  petition  of  the  inhabitants  of  this  dis- 
trict, the  Council  of  New  York,  by  an  order  dated  the  23d  of 
December,  1772,  authorized  them  to  choose  two  representatives 
to  the  General  Assembly,  Samuel  Wells  and  Crean  Brush  were 
returned,  and  took  their  seats  in  the  latter  body  on  the  2d  of 
February,  1773.  As  a  memento  of  this  election  there  is  still 
preserved  a  note,  written  to  Colonel  "Wells  by  John  Bolton,  who 
was  probably  a  successful  wire-puller,  dated  at  "  "Westminster, 
June  the  11th,  1773."  It  is  to  be  regretted  that  the  items  covered 
by  the  word  "Nesesares"  were  not  stated.  Tlie  note  is  in  tliese 
words : 

"Sir:  I  have  paid  unto  Jont.  Safford  nine  Shillings  and  Six 
pence  Lawful  money  of  the  Bay  Province,  for  Nesesares  the 
People  of  Halifax  had  when  they  Come  to  Lextion  if  you  wold 
be  so  good  as  to  pay  y®  same  to  Mr.  Whipple  y®  Bearer  by 
next  thursday  so  as  he  may  bring  it  to  me,  you  wiU  much  oblige 
your  Humble  Servt." 

At  the  time  of  the  "  Massacre"  at  Westminster  in  1775,  Co- 
lonel Wells,  although  one  of  the  court  judges,  was  in  attend- 
ance upon  the  General  Assembly  at  New  York,  and  was  not 
aware  of  the  circumstances  connected  with  the  development 
and  results  of  the  affray,  until  the  arrival  of  the  messengers 
who  had  been  dispatched  with  the  tidings.  In  connection  with 
his  colleague  Brush,  he  is  supposed  to  have  been  instrumental 
in  preparing  the  depositions  Avhich  were  signed  by  the  messen- 


720  HISTORY    OF    EASTERN   VERMONT. 

gers  and  presented  to  the  Assembly,  containing  an  account  of 
the  "  Massacre "  favorable  to  the  action  of  the  Crown  adhe- 
rents, and  condemnatory  of  the  conduct  of  the  Whigs.  In  the 
same  year,  during  the  recess  of  the  Assembly,  "  he  joined  the 
ministerial  members  in  a  letter  to  General  Gage  at  Boston," 
and  seldom  failed  to  evince  a  loyal  disposition,  even  after  po- 
licy had  dictated  an  opposite  course  of  action.  On  suspicion 
of  having  been  engaged  in  an  attempt  to  introduce  arms  into 
Cumberland  county  in  behalf  of  Great  Britain,  for  the  purpose 
of  reinstating  and  maintaining  the  administration  of  justice 
therein,  he  was  examined  before  the  New  York  committee  of 
safety  on  the  12th  of  September,  1TY5,  during  the  recess  of  the 
Provincial  Congress,  but  he  was  dismissed,  nothing  having 
been  proved  against  him.  Though  opposed  to  the  American 
cause,  he  had  sufficient  skill  and  influence  to  preserve  his  pro- 
perty from  confiscation,  but  was  not  able  wholly  to  escape  the 
odium  which  attached  to  a  Loyalist,  or  the  punishments  which 
a  profession  of  this  nature  so  often  incurred.  From  the  records 
of  the  committee  of  safety  for  Cumberland  county,  it  appears 
that  Lieut.  Leonard  Spaulding,  a  most  patriotic  member  from 
Dummerston,  allowed  his  enmity  towards  Colonel  Wells  to 
manifest  itself,  on  one  occasion,  in  a  most  improper  manner. 
The  incident  referred  to  was  noticed  by  the  committee  in  their 
proceedings  on  the  25th  of  July,  1TT6,  and  in  order  to  wipe 
out  the  disgrace  which  had  been  cast  upon  them  by  the  unwar- 
ranted act  of  the  fiery  Dummerstonian,  they  resolved  "  that 
Lieutenant  Spaulding  make  suitable  Confession  to  this  Com- 
mittee for  his  Conduct  in  Taking  Col°-  Wells  by  military  force  ; 
that  mode  of  proceeding  Being  Contrary  to  the  minds  of  this 
Committee,  and  also  a  Yiolation  of  a  Certain  Eesolve  formerly 
passed  by  this  Committee."  To  this  resolution  is  appended  the 
following  note  : — "  Mr.  Spaulding  Comply'd  with  the  above 
Vote  by  his  making  proper  Confession,  &c."  In  the  New 
York  Gazette  under  date  of  June  23d,  177Y,  it  is  stated  that 
"  Judge  Wells  of  Brattleborongh  had  been  lately  confined  to 
his  farm  and  otherwise  ill-treated,"  and  it  is  known  that,  for  a 
long  time,  permission  was  granted  to  any  one  to  shoot  him, 
should  he  be  found  beyond  the  bounds  of  his  acres. 

His  devotion  to  the  interests  of  the  mother  country,  though 
it  did  not  lead  him  to  avow  openly  the  principles  of  a  Loyalist, 
was  sufficiently  strong  to  enlist  his  services  in  a  private  manner 
in  her  behalf.     During  the  period  in  which  the  British  agents 


REVOLUTIONAKY    LETTEK-CAKRTmG.  721 

in  Canada  were  endeavoring  to  negotiate  an  alliance  with  tlie 
principal  men  in  Yermont,  for  the  purpose  of  reducing  that 
state  to  the  condition  of  a  Crown  province,  his  efforts  were 
directed  in  behalf  of  this  end.  In  a  letter  to  General  Frederick 
Haldimand,  dated  at  New  York,  May  8th,  1781,  and  written, 
it  is  supposed,  by  Beverly  Robinson,  notice  is  taken  of  the 
willingness  of  Wells  to  promote  the  interests  of  Great  Britain. 
"  Colonel  Wells  of  Brattleborough,"  said  this  writer,  "  has  sent 
his  son-in-law*  with  verbal  information  that  throws  great  light 
upon  the  conduct  of  Yermont.  We  take  him  to  be  a  friend, 
and  he  says  by  this  messenger  that  you  know  him  to  be  so.  Is 
it  true  ?  He  offers  his  services  for  a  monthly  interchange  of 
letters  between  Canada  and  the  coast  of  Connecticut,  where  we 
are  to  find  a  friend  to  give  and  receive  dispatches.  Do  you 
approve  of  this  confidence  ?" 

That  the  offer  of  Wells  was  ultimately  accepted,  and  that  he 
and  Luke  Knowlton  of  Newfane,  lent  their  aid  to  advance  the 
interests  of  Great  Britain,  is  proved  by  the  following  facts.  In 
the  month  of  April,  1782,  Christopher  Osgood  of  Brattlebo- 
rough, a  hoiisewright  by  occupation,  was  hired  by  Knowlton  to 
carry  a  letter  to  William  Smith  of  the  city  of  New  York,  who 
had  formerly  been  chief  justice  of  the  province.  Thp  letter,  it 
was  supposed,  was  from  General  Haldimand,  and  was  brought 
from  Canada  to  Newfane  by  Solomon  Ball.  Osgood  received 
from  Knowlton  twenty-eight  dollars  for  this  service,  and  on  his 
return  early  in  June,  received  from  Smith  an  undirected  letter, 
with  verbal  orders  to  deliver  it  to  Knowlton  and  a  reward  of 
thirty  guineas  for  his  trouble.  In  the  month  of  August  follow- 
ing Shadrach  Ball  arrived  at  Brattleborough  with  another  letter 
from  Canada  directed  to  Smith.  Osgood  was  on  this  occasion 
employed  by  Wells,  who  gave  him  five  pounds  to  take  the  let- 
ter to  New  York.  After  remaining  a  few  days  in  that  city,  he 
set  out  on  his  return,  being  the  bearer  of  a  letter  without  direc- 
tion from  the  British  secretary  Morgan,  which  he  had  orders  to 
deliver  to  Wells.  For  this  last  service  he  was  rewarded  with 
fifty  guineas.  Of  the  information  communicated  he  was  igno- 
rant, but  w^as  commanded  to  destroy  the  letters  in  the  event  of 
his  capture. 

The  fact  that  an  embassy  of  this  character  had  been  estab- 

*  Samuel  Gale  is  probably  referred  to.  His  associates  were  among  the  British 
military,  and  his  sympathies  openly  and  wholly  with  royalty. 

46 


722  msTOEY  OF  eastern  vekmont. 

lislied  becoming  known  to  the  authorities  of  Rhode  Island, 
measures  were  immediately  taken  to  end  it.  In  the  latter  part 
of  October,  or  early  in  ^November,  the  sheriff  of  that  state  ar- 
rived in  Brattleborough,  arrested  Christopher  Osgood  and  carried 
him  to  Providence.  Here  on  the  13th  of  November,  at  a  ses- 
sion of  the  court  of  assize  and  general  jail  delivery,  he  was 
brought  before  the  Hon.  Paul  Mumford,  chief  justice  of  the 
Superior  court  of  judicature,  and  upon  examination  detailed 
the  facts  above  stated.  The  "  Information  of  Christopher 
Osgood"  was  on  the  19th,  sent  by  the  Lieutenant  Governor  of 
Rhode  Island  to  Congress,  accompanied  by  a  letter  from  that 
official.  These  documents,  "  containing  evidence  "  as  was  then 
stated,  "  that  some  of  the  leaders  in  Vermont,  and  particularly 
Luke  Knowlton,  who  had  been  deputed  in  the  year  1780  to  Con- 
gress as  agent  for  that  party  opposed  to  its  independence,  but  who 
had  since  changed  sides,  had  been  intriguing  with  the  enemy 
in  New  York"' — these  documents  were  read  in  Congress  on  the 
25th,  and  were  referred  to  Samuel  Osgood,  Daniel  Carroll,  and 
John  Rutledge. 

In  acting  upon  their  re[)ort,  which  was  presented  on  the  2Yth, 
Congress,  by  a  resolution  passed  in  secret  session,  directed  the 
commander-in-chief  "to  take  immediate  measm'es  for  appre- 
hending and  securing  Luke  Knowlton  of  Newfane,  and  Samuel 
Wells  of  Brattleborough,  both  of  the  district  of  country  common- 
ly called  the  New  Hampshire  Grants,  west  of  Connecticut  river, 
and  such  others  within  the  district  aforesaid  as  there  may  be 
good  reason  to  apprehend  have  been  concerned  with  the  said 
Knowlton  and  Wells  in  a  dangerous  correspondence  and  inter- 
course with  the  enemy."  Permission  was  also  granted  to  the  com- 
mander-in-chief to  notify  to  those  "  exercising  authority  in  the 
district  aforesaid"  the  grounds  upon  which  the  arrest  was  de- 
manded. At  the  same  time,  the  subject  of  the  independence 
of  Vermont  was  discussed,  and  representatives  from  a  number 
of  the  states  declared  their  views  on  the  subject. 

On  the  3d  of  December,  the  same  toj)ic  was  again  brought  for- 
ward, and  the  opinion  was  openly  expressed  that  the  leaders  of 
Vermont  were  "  perfidious  men."  In  order  to  warn  the  northern 
states  of  the  dangers  to  which  they  were  exposed  by  the 
machinations  of  internal  foes,  Congress  resolved,  in  secret  ses- 
sion, to  furnish  a  copy  of  Christopher  Osgood's  declaration  to 
the  "supreme  executives  of  the  states  of  New  Hampshire. 
Massachusetts,   Connecticut,  and  New  York."    Tlie   charges 


FLIGHT   OF   WELLS    AND   KNOWLTON.  723 

contained  in  his  "information,"  implicating  as  they  did,  certain 
citizens  of  each  of  these  states  in  "  treasonable  practices,"  ren- 
dered this  com'se  necessary  for  the  safety  of  all.  Pursuant  to 
the  resolution  of  the  27th  of  November,  an  officer  was  sent  into 
Vermont  to  arrest  "Wells  and  Knowlton,  but  they  had  been  pre- 
viously informed  that  such  an  attempt  would  be  made,  and  had 
left  the  state  before  the  officer  arrived.  An  account  of  this 
proceeding  was  sent  to  Congress  by  General  Washington,  to- 
gether with  the  report  of  the  officer  who  had  been  sent  to  make 
the  arrest.  From  the  representation  of  the  latter,  it  appeared 
on  the  statement  of  Israel  Smith  of  Brattleborough,  "that 
Knowlton  and  Wells  had  received  a  letter  from  Jonathan 
Arnold,  Esquire,  at  Congress,  part  of  which  was  made  public, 
which  informed  them  that  affairs  in  Congress  were  unfavorable 
to  them,  and  would  have  them  to  look  out  for  themselves." 
The  subject  was  again  considered  on  the  27th  of  January,  1783, 
and  Mr.  Arnold,  who  was  present  when  the  papers  were  read, 
expressed  his  surprise  at  the  declarations  which  they  contained 
respecting  himself;  denied  that  he  had  ever  held  any  corre- 
spondence with  either  Knowlton  or  Wells ;  and  requested  a  copy 
of  the  above  charge.  In  this  request  he  was  indulged  without 
opposition,  "but  it  was  generally  considered,"  Mr.  Madison  ob- 
serves, "  notwithstanding  his  denial  of  the  correspondence,  that 
he  had,  at  least  at  second  hand,  conveyed  the  intelligence  to 
Vermont."  A  similiar  opinion  was  entertained  by  Governor 
Clinton.  In  a  letter  to  Colonel  Floyd,  dated  the  6th  of  February, 
1783,  he  said : — "  Wells  and  Knowlton  have  both  fled  the  coun- 
try, and  there  is  strong  reason  to  suspect  they  had  notice  of  the 
measures  which  were  taken  for  their  apprehension,  from  a 
quarter  too,  where  secrecy  should  have  been  observed.  A  letter 
from  a  member  of  Congress  to  a  person  in  that  quarter,  is  said  to 
have  given  them  the  alarm."  As  to  the  design  of  Wells  in  this 
affair,  there  can  be  but  little  doubt  that  he  aimed  to  reduce 
Vermont  to  a  Crown  dependency.  Of  the  conduct  of  Knowl- 
ton, it  is  a  fair  inference  that  he  was  influenced  by  Wells  to 
engage  temporarily  in  advancing  the  views  of  that  stern  old 
Loyalist.  His  subsequent  conduct,  however,  proved  his  hearty 
adherence  to  the  American  cause,  and  his  true  devotion  to  the 
best  interests  of  Vermont." 


*  There  is  reason  foi*  supposing,  that  Wells,  while  engaged  in  liehalf  of  the 
British  in  the  transactions  det^iiled  in  the  text,  was  regarded  by  the  principal 


724  HISTOKY   OF   EASTEKN   VERMONT. 

Colonel  Wells  maintained  his  principles  as  a  Loyalist  firmly 
to  the  last.  The  opening  sentence  of  his  will,  which  was  exe- 
cuted on  the  28th  of  October,  1784,  was  in  these  words  :  "  In 
the  name  of  God,  Amen,  I,  Samuel  Wells  of  Brattleborough, 
formerly  in  the  county  of  Cumberland,  in  the  province  of  New 
York,  but  now  the  territory  called  and  known  by  the  name  of 
the  state  of  Vermont,  do  make  my  last  Mali  and  testament  in 
manner  and  form  following,"  etc.  Micah  Townsend,  his  son-in- 
law,  being  one  of  the  heirs  and  administrators  under  the  will, 
and  at  the  same  time  probate  judge  of  the  district  of  Marl- 
borough, which  district  included  Brattleborough,  the  General 
Assembly,  by  an  act  passed  on  the  21st  of  October,  1786,  per- 
mitted the  probate  judge  of  the  district  of  Westminster  to 
administer  on  the  will,  "  as  fully  and  as  amply  as  if  the  said 
Samuel  Wells  had  died  in  the  district  of  Westminster."  Wells 
died  deeply  insolvent,  his  estate  being  valued  at  £1577  6s.  '2hd.; 
and  his  debts  amounting  to  £5880  2s.  7^(1.  Among  his  creditore 
were  Abraham  Lot,  Goldsbrow  Banyar,  William  Wickham,  the 
Hon.  William  Smith,  Stephen  Greenleaf,  the  estate  of  Crean 
Brush,  and  the  estate  of  Josiah  Willard.* 


men  of  Vermont  as  friendly  to  their  interests,  and  that  he  was  admitted  to  their 
counsels.  This  opinion  is  supported  by  the  following  extract  from  Ira  Allen's 
History  of  Vermont,  in  which  an  account  is  given  of  the  flight  of  Wells. 

'*In  January,  1783,  the  late  Colonel  Samuel  Wells  of  Brattleborough,  being 
engaged  in  transmitting  letters  from  Canada  to  New  York,  one  of  his  packets 
was  intercepted,  and  fell  into  the  hands  of  some  of  the  officers  of  the  Continental 
troops.  In  consequence  of  which,  a  captain,  with  a  company  from  Albany,  was 
dispatched  to  seize  the  Colonel,  who,  on  being  informed  of  this  circumstance,  left 
his  house  to  take  shelter  in  Canada.  In  his  flight  he  put  up  at  Captain  Otly's,  at 
Bromley,  in  the  Green  Mountains.  While  at  supper,  the  [Albany]  captain  and 
his  men  came  to  the  house,  and  put  up  for  the  night.  Notwithstanding  Colonel 
Wells  was  fully  apprised  of  the  captain's  business,  yet,  reflecting  that  there  was 
no  dwelling  at  hand  to  which  he  could  escape,  and  that  such  an  attempt,  besides, 
might  awaken  suspicions  in  the  captain  who  was  about  to  retire  to  rest,  the 
Colonel  went  to  bed,  and  remained  there  till  his  pursuers  set  out  to  Brattleborough, 
in  hopes  to  find  him  there.  Colonel  Wells  proceeded  to  Kunderland,  to  consult 
with  General  [Ethan]  and  Colonel  [Ira]  Allen,  who  advised  him  to  set  out  for 
New  York  about  twelve  o'clock  at  night.  A  sleigh  was  accordingly  provided  for 
that  purpose,  which  was  brought  to  General  Allen's  door  at  the  appointed  hour, 
Colonel  Wells  set  out  in  it,  and  having  pursued  his  instructions,  in  the  course  of 
a  few  nights  he  arrived  at  New  York  in  safety."     p.  245. 

*  Doc.  Hist.  N.  Y.,  iv.  696-699.  Journal  N.  Y.  Prov.  Cong.,  i.  145.  Madison 
Papers,  i.  206,  209-212,  281,  282.  Secret  Journal  of  the  Acts  and  Proceedings  of 
Congress,  i.  245,  246.  Deposition  of  Elijah  Prouty,  Jan.  31st,  1783.  George  Clin- 
ton Papers,  in  office  Sec.  State  N.  Y.,  vol.  xvii.  doc.  4926.  Probate  Records  of 
Windham  Co.     Journals  Gen.  Ass.  Vt.,  Oct.,  1Y86,  pp.  56,  59.     Journal  Ass.  N.  J. 


DANIEL   WHIPPLE.  T25 

The  firmness  with  whicli  he  adhered  to  the  cause  of  royalty 
during  the  struggles  of  the  Revolution,  subjected  him,  as  has  been 
shown,  to  many  annoyances  and  losses,  and  led  him  to  engage 
privately  in  attempts  to  advance  the  interests  of  the  mother 
country.  Still  he  was  an  intelligent,  wealthy,  and  influential 
gentleman,  and  was  much  esteemed  and  beloved  in  his  private 
character.  Three  years  after  the  peace  of  '83,  he  died  in 
Brattleborough.  A  plain,  white  marble  head-stone  in  the  old 
burying  ground,  marks  the  spot  where  his  mortal  remains  repose, 
and  bears  the  following  inscription : — 


I 


n  Memory  of  Col°  Samuel  Wells  of  this  town,  a  Judge  of 
Cumberland  County  Court,  and  a  Member  of  the  Aflembly 
of  the  Province  of  New  York,  who  departed  this  life  the  6"" 
of  Aug^  1786,  the  55""  year  of  his  age. 

His  friends,  the  ftranger  and  the  poor  have  loft 

A  kind  companion  and  a  generous  hofl: : 

When  he  fell — the  ftatefman  fell. 

And  left  the  world  his  worth  to  tell. 


DANIEL   WHIPPLE. 

Daniel  "Whipple  of  Brattleborough  was  appointed  on  the  lYth 
of  April,  1770,  by  commission  from  the  colonial  government  of 
New  York,  to  the  shrievalty  of  Cumberland  county,  in  the  place 
of  John  Arms  resigned,  and  held  that  position  until  the  latter 
part  of  the  year  1772.  Of  his  honesty  and  ability  different 
views  were  entertained  by  the  judges  presiding  in  the  courts 
within  his  bailiwick.  In  a  letter  to  Governor  Tryon,  dated  the 
6th  of  February,  1772,  Judge  Thomas  Chandler  stated  that 
Whipple's  conduct  in  striving  to  apprehend  a  party  of  rioters 
who  had  created  much  disturbance  at  "Windsor,  had  led  "  His 
late  Excellency  the  Earl  of  Dunmore,  and  the  Honorable  His 
Maj  osty's  Council,"  to  grant  him  a  township  of  land  as  a  reward 
for  his  services.  Whipple  presented  this  communication  to 
Governor  Tryon,  but  it  does  not  appear  that  his  application  for 

1782,  p.  10.  Journal  Council  N.  J.,  1782,  p.  7.  M3.  Letter  from  Rev.  Cauon 
ilicajah  Townseud,  dated  July  1st,  185ti.     See  a7ite,  pp.  485,  503,  504. 


726'  HISTOEY   OF   EASTERN   VERMONT. 

a  patent  of  the  grant  was  allowed.  On  the  10th  of  October 
following,  Samuel  Wells  and  Noah  Sabin,  associate  judges  with 
Chandler,  represented  to  Governor  Trjon  the  unfitness  of 
Whipple  for  his  place.  They  accused  him  of  charging  and 
receiving  mileage  fees,  when  by  law  he  was  entitled  to  none ; 
of  remissness  and  negligence  in  the  execution  of  his  office,  mani- 
fested by  committing  "  almost  the  whole  care  thereof"  to  depu- 
ties ill-chosen  and  unfit  for  the  trust ;  of  exacting  exorbitant 
and  unlawful  fees ;  and  of  refusing  to  receive  prisoners  into 
custody  who  had  been  taken  on  execution.  Conduct  like  this 
they  declared  to  be  "  totally  subversive  of  the  authority  of  the 
civil  magistracy"  in  the  county,  and  "highly  prejudicial  and 
displeasing  to  the  well  disposed  inhabitants"  therein  residing. 
Tliese  statements  were  confirmed  by  Crean  Brush,  clerk  of  the 
county,  and  Whipple  was  soon  after  dismissed  from  office.  He 
was  succeeded  by  William  Paterson,  who  was  afterwards  con- 
spicuous at  the  "  Westminster  Massacre."  The  time  of  his  death 
is  not  known,  but  the  letters  of  administration  taken  out  by  Mary 
Whipple,  administratrix  upon  his  estate,  were  dated  at  New 
York  on  the  15th  of  April,  1775.* 


JOSIAH   WILLAED. 

CoL.  JosiAH  WiLLARD,  the  commandcr  at  Fort  Dummer  from 
1740  to  1750,  was  the  son  of  Henry  Willard,  who  married  Dor- 
cas Cutler  of  Lancaster,  Massachusetts.  At  this  place  he  was 
born  about  the  year  1693,  and  here  he  married  Haimah  Wilder. 
He  was  among  the  first  settlers — a  founder  in  fact — of  Lunen- 
burgh,  in  the  present  county  of  Worcester,  Massachusetts,  for  a 
long  time  a  frontier  town.  His  grandfather  Major  Simon  Wil- 
lard, who  came  to  this  country  as  early  as  1655,  was  one  of  the 
first  settlers  of  Concord,  Massachusetts,  and  was  "highly  dis- 
tinguished both  as  a  civil  and  military  character."  His  uncle, 
the  Rev.  Samuel  Willard,  was  for  a  time  vice-president  of 
Harvard  College.  Colonel  Willard  died  on  the  8th  of  Decem- 
ber, 1750.  He  bore  the  character  of  a  faithful  and  intelligent 
public  officer,  and  was  without  reproach  in  the  relations  of  pri- 
vate and  domestic  life. 

*  K  Y.  Colonial  MSS.,  in  office  Sec.  State  K  Y.,  vol.  xcix. 


JOSIAH   WILLAED   JK.  Y27 


JOSIAH   WILLAED   JE. 

JosiAH  WiLLAED  Jr.,  r  son  of  the  former,  was  born  in  January, 
1716,  and  married  Hannah  Hubbard  of  Groton.  For  several 
years  he  was  intrusted  with  the  charge  of  a  garrison  at  Ashue- 
lot  (now  Keene),  New  Hampshire,  and  in  1749  removed  to 
Winchester  in  that  province.  On  the  death  of  his  father  he 
was  promoted  to  the  station  he  had  held.  Notice  of  this  ap- 
pointment was  conveyed  to  the  son  by  another  Josiah  "Willard, 
a  cousin,  who  for  thirty-nine  years  was  secretary  of  the  pro- 
vince of  Massachusetts  by  a  royal  commission.  "I  heartily 
join  with  yovi  and  your  family,"  wrote  the  secretary  in  his  let- 
ter dated  the  18th  of  December,  1750,  "in  your  Mourning  for 
the  Death  of  your  Father,  esteeming  it  a  great  publick  loss. 
His  Honor,  the  Lieutenant-Governor,  has  been  pleased  to  ap- 
point you  to  succeed  him  in  the  command  of  Fort  Dummer,  as 
will  appear  by  the  enclosed  commission."  With  the  ofhce  he 
also  received  the  title  which  his  father  had  boi'ne.  He  was  a 
member  of  the  Assembly  of  the  province  of  New  Hampshire, 
and  possessed  great  influence  among  the  inhabitants  on  the 
"  Grants."  He  died  at  Winchester  in  1786,  at  which  place  the 
death  of  his  widow  occurred  in  August,  1791.  The  following 
notice  of  his  death  appeared  in  one  of  the  gazettes  of  that  pe- 
riod : — "  Winchester,  November  19th,  1786.  This  day  departed 
this  life,  in  sure  hope  of  a  glorious  immortality,  in  the  seventy- 
second  year  of  his  age,  to  the  great  loss  of  his  family  and 
friends,  as  well  as  the  public  in  general,  Josiah  Willard,  Esqr., 
an  affectionate  husband,  a  tender  parent,  a  faithful  friend,  and 
a  generous  benefactor."* 

*  N.  Y.  Colonial  MSS.,  Dunmore,  Tryon,  in  office  Sec.  State  N.  Y.,  January 
30th,  1771,  voL  xcTii.  Doc.  Hist.  N.  Y,  iv.  675.  MS.  Letter  from  Joseph  Wil- 
lard, Esq.,  of  Boston.     Worcester  Magazine,  1786. 


—     ^^'^^^^V^*^ 


f^S  HI8T0EY   OF   EASTEKN   VEEMONT. 


WILLIAM   WILLIAMS. 

In  the  year  1769, 
Capt.  William 
Williams  moved 
from  Northbo- 
rougb,  Massa- 
chusetts, with  his  family,  and  settled  in  the  town  of  Marlbo- 
rough, Vermont.  He  was  very  active  in  promoting  the  inte- 
rests of  the  new  settlement,  and  through  his  instrumentality 
Capt.  Kathaniel  Whitney  and  his  brothers,  Samuel  and  Jonas 
from  Shrewsbury,  Massachusetts,  were  induced  to  visit  the 
place.  Pleased  with  the  locality,  they  purchased  lands,  be- 
came residents,  and  were  always  regarded  as  the  most  useful 
and  influential  citizens  of  Marlborough.  To  Capt.  Williams  is 
ascribed  the  credit  of  having  erected  the  first  framed  building 
in  the  town.  It  was  a  barn,  and  was  built  on  the  farm  subse- 
quently owned  by  Simeon  Adams. 

Previous  to  his  removal  to  Vermont,  Capt.  Williams  had 
been  engaged  in  the  service  of  the  colonies  in  the  war  which 
terminated  with  the  peace  of  Paris,  signed  on  the  10th  of  Feb- 
ruary, 1T63.  At  the  commencement  of  the  war  of  the  Revolu- 
tion he  early  became  interested  in  behalf  of  the  American 
cause,  and  acknowledging  the  jurisdiction  of  JSTew  York  over 
the  New  Hampshire  Grants,  was  elected  a  delegate  to  the  first 
Provincial  Congress  of  that  state,  which  commenced  its  session 
on  the  22d  of  May,  1775.  He  was  returned  to  the  same  posi- 
tion during  the  sessions  which  commenced  on  the  6th  of  De- 
cember, 1775,  and  on  the  14th  of  May,  1776.  Desirous  of  aid- 
ing in  the  cause  which  he  had  embraced,  he,  on  the  9th  of 
June,  1775,  in  connection  with  Benjamin  Wait  and  Joab  Hoi- 
sington,  offered  his  services  to  the-  Provincial  Congress,  promis- 
ing, in  case  they  should  be  accepted,  to  use  his  utmost  endea- 
vors to  "  raise  a  regiment  of  good,  active,  enterprising  soldiers." 
The  object  of  these  patriots,  as  stated  by  themselves,  was  to 
form  in  Cumberland  county  a  body  of  minute-men,  who  would 

be  "  duly  prepared  at  the  least  notice to  keep  under 

proper  subjection,  regulars,  Roman  Catholics,  and  the  savages 
at  tJie  northward  ;  as  also,  to  be  ready  at  all  times,  to  defend  our 
rights  and  privileges  against  ministerial  tyranny  and  oppression." 


WILLIAM   WILLIAMS.  72^ 

Of  the  appreciation  in  which  he  was  held  as  a  soldier,  an 
opinion  may  be  formed  from  the  following  passage,  taken  from 
a  letter  written  by  Ethan  Allen  and  Seth  Warner  to  Eliplialet 
Dyer  and  Silas  Dean,  dated  at  Philadelphia,  July  4th,  1775. 
"  Capt.  William  Williams,  who  served  in  that  rank  in  the 
ranging  service  with  honour  during  the  last  war,  and  since  has 
been  a  major  of  militia  in  Cumberland  county,  is  desirous  to 
join  the  battalion  of  Green  Mountain  Boys  in  rank  of  major, 
and  complete  a  fuU  regiment ;  and  though  the  Green  Mountain 
Boys  are  fully  satisfied  by  the  present  arrangement,  neverthe- 
less, if  the  exigency  of  war  shall  render  it  expedient  to  make  us 
a  complete  regiment,  this  gentleman  will  on  notice,  be  at  your 
Honours'  service.  His  connections  with  many  old  rangers  and 
marksmen,  with  his  military  abilities  in  such  a  department, 
would  render  him  conspicuous,  and  very  agreeable  to  our 
corps." 

At  the  commencement  of  the  campaign  of  177Y,  efforts  were 
made  to  place  the  northern  frontier  in  a  state  of  defence,  and 
to  accomplish  in  part  this  purpose,  General  Schuyler  was  em- 
powered, by  a  resolution  of  the  New  York  Provincial  Congress, 
to  dispatch  one-fifth  part  of  the  militia  of  Cumberland  county 
to  reinforce  the  gari'ison  at  Ticonderoga.  In  reply  to  the  requi- 
sition made  upon  Colonel  Williams,  in  consequence  of  this 
resolve,  he  stated,  in  a  letter  dated  the  13th  of  April,  1777,  that 
the  inhabitants  were  unwilling  to  serve  in  the  battalions  of  the 
state  of  New  York,  but  were  ready  to  act  as  the  militia  of  the 
New  Hampshire  Grants,  or  of  a  new  state.  Althougli  it  does 
not  appear  that  he  was  present  at  the  evacuation  of  Ticonde- 
roga, which  soon  after  took  place,  yet  he  distinguished  himself 
at  the  head  of  a  regiment  in  the  battle  of  Bennington,  on  the 
16th  of  August  following,  and  shared  in  the  glory  of  the  victory 
which  crowned  the  efforts  of  that  day. 

He  did  not  long  continue  a  resident  of  Marlborough.  In 
1777  he  was  a  citizen  of  Wilmington,  and  during  the  years  that 
followed,  frequently  changed  the  place  of  his  abode.  Having 
at  last  settled  in  the  province  of  Lower  Canada,  he  continued 
to  reside  there  nntil  the  time  of  his  decease,  in  1823,  the  same 
year  in  which  occurred  the  death  of  his  wife.  As  an  officer, 
he  was  brave,  energetic,  skilful,  and  humane  :  as  a  citizen,  en- 
terprising, active,  and  progressive :  as  a  neighbor,  kind,  polite, 
and  attentive.  The  elegance  and  symmetry  of  his  form  were 
as  perfect  as  his  manners  were  agreeable.     He  was  held  in 


730  mSTORT   OF   EASTERN   VERMONT. 

high  estimation  by  the  inhabitants  of  the  various  towns  in 
which  he  dwelt  at  different  times,  and  though  of  a  wandering 
disposition,  could  easily  accommodate  himself  to  any  circum- 
stances in  which  he  might  be  placed.* 


AZARIAH  WRIGHT, 

.  WHO  borQ  a  prominent  part 

QyT^iTLciJu  1,/C^'/^/f-'       '^    *^^    proceedings    con- 
^/^^ccc4t.  lAZ-i^t^U/  nected  with   the    "West- 

minster Massacre,"  was 
noted  for  the  boldness  of  his  nature,  and  the  eccentricity  of  his 
conduct.  Of  the  time  and  place  of  his  birth,  and  of  the  period 
at  which  he  removed  to  Vermont,  nothing  is  known.  In  the 
old  French  war,  he  served  as  a  frontier  soldier  in  Capt.  John 
Bm'k's  company  of  rangers,  and  was  stationed  at  Hinsdale's 
Foi-t  in  1757.  Peculiarly  fitted  for  the  rough  life  of  a  pioneer, 
he  delighted  to  act  in  those  scenes  which  tended  fully  to  develop 
his  capacity  to  overcome  the  obstacles  of  an  unknown  wilder- 
ness, and  never  failed  to  exhibit  an  energy  and  a  perseverance 
which  commanded  success.  As  early  as  the  year  1770,  he  was 
the  captain  of  a  militia  company  at  "Westminster,  and,  owing 
to  the  precision  with  which,  as  a  soldier,  he  had  been  taught  to 
obey,  became  a  most  strict  disciplinarian,  and  trained  his  men 
with  all  the  severity  and  rigor  of  a  martinet.  Of  the  part 
which  he  performed  in  the  affray  which  occurred  at  Westmin- 
ster on  the  13th  of  March,  1775,  an  account  has  been  already 
given.  During  the  winter  of  1776,  he  went  to  Quebec  with 
twelve  men,  but  of  his  exploits  on  this  occasion,  no  record  has 
been  preserved. 

Being  a  staunch  supporter  of  the  cause  of  the  colonies,  he 
regarded  with  suspicion  those  who  had  rendered  themselves 
liable  to  the  charge  of  Toryism,  and  did  not  fail  to  express  his 
views  of  them  in  the  plainest  terms.  In  the  month  of  Septem- 
ber, 1779,  Tliomas  Chandler  Jr.,  of  Chester,  was  chosen  to 
represent  that  town  in  the  General  Assembly  of  Vermont,  and 

*  ilS.  Hist,  of  Marlborough,  by  Rev.  E.  H.  Newton.  Journal  N.  Y.  TroT. 
Cong.,  L  800;  ii.  61,  431. 


AZAKIAH   WRIGHT.  731 

in  the  following  October  was  elected  speaker  of  the  House. 
Eegarding  Chandler  as  an  unfit  person  for  these  positions, 
"Wright  determined  to  obtain  his  removal.  To  effect  this  end, 
he  addressed  two  letters  to  the  Governor  and  Council  during 
the  session  of  the  Legislature,  dated  March  14th,  1Y80,  in  which, 
in  uncouth  language,  he  blindly  expressed  his  views  as  to  the 
character  of  Chandler.     The  first  letter  was  in  these  words : — 

"  To  his  Excellency  Governor  in  Chief,  Left  Governor  and 
prudent  Council  of  Freemen  with  Greeting,  I  send,  not  forgeting 
the  Independent  State  of  Yermont.  Fortitude  Good  Manners 
Honisty  resolution  makes  a  Free  people,  being  not  thoughtless 
of  the  fountain  from  whence,  &c.  Now  Gentlemen  I  beg 
assistance  as  one  Mr.  Pompee  of  Chester  has  Borrowed  of  me 
the  value  of  Six  or  Eight  Silver  Dollars  in  horse  tackling  which 
when  required  to  return  the  Chief  Speaker  his  Agent  Thomas 
Chandler  Esq''  answers  for  him  in  wrighting.  Not  Gentlemen 
that  I  should  grieve  myself  for  the  loss  of  6  or  8  Dollars,  but 
with  and,  &c.,  that  said  Esq""  Chandler  should  be  Chief  Speaker 
for  the  black  Ethiopian  not  for  Whites,  if  your  Honours  Can 
do  any  thing  I  should  remain  your  most  obedient 

"  Azariah  Wright. 

"  put  Law  in  force  sift  the  House." 

The  offence  charged  in  this  letter  seems  to  have  been  that 
Thomas  Chandler  Jr.,  while  speaker,  had  appeared  as  an  attor- 
ney in  behalf  of  Pompey  Brakkee,  a  negro.*  The  other  note 
was  as  follows : 

"  Great  is  amarica,  there  terror  starts  all  Yourope,  Exolted 
be  Yarmount  tho  Little  May  be  head,  and  ware  the  Crown  of 
gustus,  ferfull  am  I  of  that,  while  Deceit  is  att  head,  Not  to 
condemn  the  whole,  nor  gustify  any  only  by  marit,  it  is  amazing 
that  People  that  have  ben  led  to  the  Slaughter  by  Deceit  Should 
trust  the  same  man  for  there  Counceller,  thomas  Chandler  Esq"" 
I  ment,  who  vrrote  to  Incurrige  the  ferse  Soons  of  Liberty  to 
assembel  att  Westminster,  Declaring  he  new  his  farthers  mind, 
and  by  Deceit  we  lost  two  brave  herooes  these  are  to  Pemind 
Deceit  and  Shun  Destruction  To  the  Exclet  Governers  and 
Councle  from  your  most  obedent  Azariah  Wright. 

"  Westminster  March  the— 14— 1780." 

Tlie  contents  of  these  notes  soon  became  publicly  known,  and, 
singular  as  it  may  seem.  Chandler  was  in  consequence  "  brought 

*  See  ante,  p.  331,  note. 


732  HISTORY   OF   EASTERN   VERMONT. 

into  great  discredit "  among  the  representatives,  and  lost  his  seat 
as  speaker.  He  immediately  commenced  a  suit  against  Wright 
for  libel,  and  laid  his  damages  at  £10,000  lawful  money.  On 
the  trial  which  occurred  in  the  month  of  June  following,  Wright 
pleaded  not  guilty,  and  the  case  having  gone  before  a  jury,  the 
plaintiff  obtained  judgment  for  £3  damages  besides  costs. 
Within  twenty-four  hours  after  the  decision  was  rendered,  the 
case  was  reviewed.  At  an  adjourned  session  of  the  court,  held 
in  August,  Chandler  obtained  judgment  against  the  defendant 
for  the  sum  of  £6,  lawful  money,  damages,  and  £216,  lawful 
money,  costs  of  suit.  Execution  having  been  granted  upon  the 
property  of  Wright,  it  was  satisfied  in  October,  by  the  payment 
of  eight  hundred  and  six  continental  dollars. 

But  the  peculiarities  of  his  disposition  were  not  displayed  in 
libellous  publications  alone.  According  to  a  complaint  presented 
by  his  wife,  Miriam,  it  appears  that  on  the  evening  of  the  6th 
of  December,  1Y80,  he  did  "  violently  assault  and  beat  her;" 
and  that  on  the  11th  of  the  same  month,  he  did  put  her  "  in  fear 
of  her  life  and  safety,"  by  "  taking  his  sword  and  other  weapons 
dangerous,"  and  brandishing  them  over  her  in  a  threatening 
manner.  On  being  brought  before  the  justices  he  was  declared 
guilty  of  "  a  high  breach  of  the  peace,"  and  was  recognized  in 
the  sum  of  £500  lawful  money,  to  appear  before  the  county 
court  at  their  next  session.  Of  the  proceedings  on  this  occasion 
there  is  no  record,  but  it  may  be  reasonably  supposed,  that 
influences  were  exerted  to  induce  him  to  exercise  his  pugilistic, 
propensities  in  a  more  praiseworthy  manner. 

Captain  Wright,  or  as  he  was  familiarly  called  "  Uncle  'Riah," 
was  an  Ethan  Allen  on  a  smaller  scale.  He  was  bold,  rough, 
independent  and  outspoken.  The  singular  recklessness  of  his 
character  was  often  manifested  in  acts  as  thoughtless  as  they 
were  strange.  When  the  Rev.  Joseph  BuUen  was  first  settled 
at  Westminster,  Uncle  'Riah,  who  was  a  church  member  in 
good  standing,  adhered  strongly  to  the  cause  of  the  Rev.  Mr. 
Goodell  whose  evil  conduct  had  induced  him  to  depart  secretly 
from  the  town.*  His  antipathy  to  Mr.  Bullen  was  as  great  as 
his  friendship  to  Mr.  Goodell  was  strong.  So  far  did  he  cany 
his  dislike  to  the  former,  as  to  administer  to  him  a  tweak  of 
the  nose,  a  cuif  on  the  cheek,  and  "  many  other  enormities," 
for  which  he  was  prosecuted,  fined,  and  put  under  bonds  to  keep 

*  See  ante,  p.  211,  note. 


EXCOMMUNICATION   OF    CAPTAIN    WRIGHT.  T33 

the  peace.  Notwitlistandiiig  these  punishments,  he  committed 
another  assault  upon  Mr.  BuUeu,  in  consequence  of  which  the 
church  resolved  to  excommunicate  theii*  rebellious  member. 
On  the  Sunday  appointed  for  this  purpose,  Uncle  'Riah  made 
his  appearance  at  church,  duly  equipped  with  his  trusty 
"Queen's  Arms,"  with  which  he  paced  the  aisle  during  the 
whole  of  the  time  of  service.  As  the  exercises  were  closing, 
Ml*.  Bullen  drew  forth  the  letter  of  excommunication,  and  as 
he  did  so  Uncle  'Riah  stopped  in  his  militaiy  march  and 
faced  him.  As  the  paper  was  being  opened,  Uncle  'Riah 
brought  the  gun  to  his  shoulder.  The  minister  began  to 
read.  "Make  ready!"  shouted  the  captain,  suiting  the  action 
to  the  order.  Mr.  Bullen,  though  intimidated,  proceeded  with 
the  reading,  but  had  enunciated  only  a  few  words,  when  Uncle 
'Riah  said  and  did,  "Take  aim."  Penetrated  with  a  thrilling 
fear,  that  any  further  attempt  on  his  part  to  publish  the  pro- 
scription, might  put  an  untimely  period  not  only  to  the  present 
proceedings  but  to  his  own  preaching,  the  minister  passed  the 
oifensive  order  to  John  Sessions,  his  eldest  deacon.  Scarcely 
had  the  deacon  commenced  to  read,  when  Captain  Wright, 
with  threatening  look,  brought  his  piece  to  bear  upon  him. 
"All  things  are  la^vful  but  some  things  are  not  expedient," 
remarked  Deacon  Sessions  to  Parson  Bullen,  in  the  language 
of  St.  Paul,  and  returned  the  paper  to  his  reverence.  A  con- 
sultation was  then  held  among  the  spiritual  officers  of  the 
church,  which  resulted  in  a  decision  favorable  to  a  stay  of  pro- 
ceedings. Tliereupon  the  letter  of  excommunication  was  folded 
up,  the  benediction  was  pronounced,  and  Uncle  'Riah  marched 
home  in  triumph.* 

*  Tliis  story  is  detailed  in  a  different  form  and  with  numerous  embellishments, 
by  Dr.  John  Andrew  Graham,  in  his  "Descriptive  Sketch  of  the  present  state  of 
Vermont,"  published  at  London,  in  1797.  According  to  his  account,  which  is  in 
a  measure  apocryphal,  Captain  Wright  was  "  a  man  more  sinned  against  than 
sinning."     The  version  given  by  the  credulous  doctor  is  as  follows : — 

"  Before  we  take  leave  of  Westminster,  it  may  not  be  unworthy  of  remark,  that 
the  second  Protestant  church  in  the  state  was  built  at  this  place.  1  shall  also  add 
an  anecdote  of  an  honest  farmer  (one  of  the  original  settlers),  whicli  happened  at 
Westminster,  and  which  will  serve  to  show  the  fanatical  spirit  which  then  pre- 
vailed— so  contrary  to  that  liberal  toleration  now  prevalent  over  America,  and 
which  so  happily  unites  every  denomination  of  Christians  in  the  bond  of  charity 
and  love.     But  to  my  story. 

"The  farmer  in  question  was  a  plain,  pious  man,  regular  in  the  discharge  of  his 
duty,  both  to  God  and  his  neighbor;  but  unluckily  he  happened  to  live  near  one 
with  whom  he  was  not  inclined  to  cultivate  either  civil  or  friendly  terms.  Tliis 
troublesome  personage  was  no  other  than  a  monstrous  over-grown  he-bear,  that 


YS-i  HISTORY   OF   EASTERN   VERMONT. 

Tradition  lias  preserved  the  shadowy  outline  of  other  events, 
in  which  the  wayward  old  captain  bore  a  part.  Enough,  how- 
ever, has  been  said  to  set  forth  the  character  of  the  man.  He 
was  the  representative  of  a  class,  whose  services  as  pioneers  in 
the  settlement  of  a  new  country  are  always  of  the  highest  im- 
portance, and  whose  indomitable  perseverance  and  courage, 
when  rightly  directed,  are  sure  to  lead  to  eminence  in  the  more 
daring  pursuits  of  life.* 

descended  from  the  mountains,  trod  down  and  destroyed  the  corn-fields,  and 
carried  off  whatever  he  laid  his  paws  upon.  The  plundered  sufferer  watched 
him  in  vain,  the  ferocious  aad  cunning  animal  ever  finding  methods  to  elude  his 
utmost  vigilance.  At  last  it  had  learned  its  cue  so  thoroughly,  as  only  to  com- 
mit its  depredations  on  the  Lord's  day,  when  it  knew,  from  experience,  the  coast 
was  clear.  Wearied  out  with  these  oft-repeated  trespasses,  the  good  man  resolved 
on  the  next  Sunday  to  stay  in  his  fields,  where  with  his  gun  he  concealed  himself. 
The  bear  came  according  to  custom.  He  fired  and  shot  it  dead.  The  explosion 
threw  the  whole  congregation  (for  it  was  about  the  hour  of  people's  assembling 
to  worship)  into  consternation.  The  cause  was  inquired  into,  and  as  soon  as  the 
pastor,  deacon  and  elders  became  acquainted  with  it,  they  called  a  special  meet- 
ing of  the  church,  and  cited  their  offending  brother  before  them,  to  show  cause, 
if  any  he  had,  why  he  should  not  be  excommunicated  out  of  Christ's  church,  for 
this  daring  and  unexampled  impiety.  In  vain  did  he  urge  from  the  Scriptures 
themselves  that  it  was  lawful  to  do  good  on  the  Sabbath  day.  He  pleaded  before 
judges  determined  to  condemn  him,  and  the  righteous  parson,  elders  and  church, 
una  voce,  agreed  to  drive  him  out  from  amongst  them  as  polluted  and  accursed. 
Accordingly  he  was  enjoined  (as  is  customary  on  such  occasions)  on  the  next 
Sunday  to  attend  his  excommunication,  in  the  church.  He  did  attend,  but  not 
entirely  satisfied  with  the  justice  of  the  sentence,  and  too  much  of  a  soldier  to  be 
scandalized  in  so  public  a  manner  for  any  action  which  he  conceived  to  be  his 
duty,  he  resolved  to  have  recourse  to  stratagem.  He  therefore  went  to  the 
appointment  with  his  gun  loaded  with  a  brace  of  balls,  his  sword  and  cartridge- 
box  by  his  side,  and  his  knapsack  on  his  back  with  six  days'  provision  in  it. 
Service  was  about  half  over  when  he  entered  the  sanctuary  in  this  martial  array. 
He  marched  leisurely  into  a  corner  and  took  his  position.  As  soon  as  the  bene- 
diction was  ended,  the  holy  parson  began  the  excommunication,  but  scarcely  had 
he  pronounced  the  words,  "  Offending  brother,"  when  the  honest  old  veteran 
cocked  and  levelled  his  weapon  of  destruction,  at  the  same  time  crying  out  with  a 
loud  voice,  "  Proceed  if  you  dare ;  proceed,  and  you  are  a  dead  man."  At  this 
unexpected  attack,  the  astonished  clergyman  shrunk  behind  his  desk,  and  his 
opponent  with  great  deliberation  recovered  his  arms.  Some  moments  elapsed  be- 
fore the  pai'son  had  courage  to  peep  from  behind  his  ecclesiastical  battery.  On 
finding  the  old  hero  had  come  to  a  rest,  he  tremblingly  reached  the  order  to  his 
eldest  deacon,  desiring  him  to  read  it.  The  deacon,  with  stammering  accents  and 
eyes  staring  wild  affright,  began  as  he  was  commanded;  but  no  sooner  had  he 
done  so,  than  the  devoted  victim  again  levelled  his  piece,  and  more  vehemently 
,than  before  exclaimed,  "  Desist  and  march.  I  will  not  live  with  shame.  Desist 
and  march,  I  say,  or  you  are  all  dead  men."  Little  need  had  he  to  repeat  his 
threats.  Tlie  man  of  God  leaped  from  the  desk  and  escaped.  The  deacon,  elders, 
and  congregation  followed  in  equal  trepidation.  The  greatest  confusion  prevailed. 
The  women  with  shrieks  and  cries  sought  their  homes,  and  the  victor  was  left 
undisturbed  master  of  the  field,  and  of  the  church,  too,  the  doors  of  which  he 
calmly  locked,  put  the  keys  in  his  pocket,  and  sent  them,  with  his  respects,  to  the 
pastor.  He  then  marched  home  with  all  the  honors  of  war,  lived  fourteen  years 
afterwards,  and  died  a  brother  in  full  communion."     pp.  111-115. 

*  MS.  Court  Papers.     Vermont  Republican,  Friday,  February  9th,  1855. 


APPENDIX   A.  735 


APPENDIXES. 


APPENDIX  A. 

THE   EQUrVALENl    LANDS. 

Referred  to  on  p.  14. 

"Boston,  28th  December,  1713.  Grants  made  by  the  Government  of  the  Massa- 
chusetts Bay,  for  whicli  Equivalents  are  to  be  granted,  being  so  much  that  falls  to 
the  Southard  of  the  Colony  Line  lately  run. 

"  To  his  Excellency  Joseph  Dudley  Esqr  .     .     .     .  1,500  acres. 

To  the  Honble  William  Stoughton  Esqr      ...  818  " 

To  Robert  Thompson  Esqr 2,000  " 

To  CoL  WiUiara  Whitmg 1,000  " 

To  Mr  Thomas  Freak  now  Mr  Woolcots     .     .     .  2,000  " 

To  Mr  John  Collms 500  " 

To  Mr  John  CoUins  Heirs 500  " 

To  Mr  John  Gore 500  " 

To  Andrew  Gardiner  and  Benjamin  Gamling  .     .  500  " 
To  Black  James  and  company  with  their  Assigns 

Lt  Col  William  Dudley 2,228  " 

The  town  of  Woodstock 30,419  " 

Sr  Richard  Saltonstall's  Farm  of  2000  acres,  the 

one  half 1,000  " 

The  other  half  included  in  Enfield  Tract  lying 

south  of  the  line 36,180  " 

Springfield 640  '• 

79,785 
"  The  withm  fourteen  articles  of  Land  belonging  to  the  Towns  and  Persons  set  down 
severally  on  the  aforegoing  side,  are  Grants  of  the  General  Assembly  of  the  Colony 
of  the  Massachusetts  Bay  and  taken  up  and  surveyed  accordingly,  and  by  the  running 
of  the  South  Line  of  the  Massachusetts  Province  are  now  found  to  fall  to  the  south- 
ward of  the  said  Line,  amounting  to  the  number  of  79,785  acres  and  the  colony  of 
Connecticut  must  have  an  equivalent  granted  them  for  the  same. 

"The  number  of  acres  79,785  to  bo  allowed  to  Connecticut  are  to  be  taken  up  on 
the  East  side  of  Connecticut  River." 
West  of  Connecticut  river  there  was  granted  by  Massachusetts  of  lands  belonging 


736 


HISTORY   OF   EASTERN   VERMONT. 


to  Connecticut,  to  Springfield,  287  acres;  to  Suffield,  2 2, IT 2  acres;  to  "Westfield, 
5,549  acres;  making  in  all  28,008  acres,  wliich  added  to  79,785  acres,  gives  107,793 
acres — the  quantity  of  tlie  land  belonging  to  Connecticut  which  had  been  granted 
by  Massachusetts. 

"Dec.  29,  1713.  [Connecticut]  agreed  to  take  for  79,785  acres,  the  same  from 
Mass.,  1.  e.  40,000  in  one  place,  30,000  in  another,  9,785  where  it  can  be  found, 
taking  one  side  of  the  Great  River." 

The  commissioners  appointed  to  locate  the  equivalent  lands,  were  Joseph  Dudley, 
Governor  of  Massachusetts ;  Gurdon  Saltonstall,  Governor  of  Connecticut ;  Elisha 
Hutchinson  and  Isaac  Addington  of  Massachusetts;  "W^liam  Pitkm  and  "WiUiam 
Wliiting  of  Connecticut.  On  the  10th  of  November,  1715,  these  gentlemen  reported 
that  they  had  laid  out  "  21,976  acres  East  of  Hadly  town  (now  Belchertown) ;  29,874 
acres  North  of  the  first  surveyed  piece  (Pelham,  &c.) ;  43,943  acres.  Within  the 
Limits  of  the  2d  Province  on  Connecticut  River  above  the  former  settlements."  The 
boundaries  of  the  last  portion  are  given  in  the  text.  It  is  uncertain  where  the  other 
11,992  acres,  which  make  up  the  complement  107,793,  were  located. — Records  in 
office  Sec.  State  Conn.,  entitled  "  Colonial  Boundaries.  Vol,  III,  Massachusetts, 
1670-1827." 

The  equivalent  lands  were  sold  at  Hartford,  on  the  24th  and  25th  of  April,  1716. 
The  purchasers  were : 


Gurdon  Saltonstall 

New  London 

Esqr 

one  share 

Paul  Dudley 

Boston 

II 

Addington  Davenport       " 

(I 

Thomas  Fitch 

(1 

II 

Anthony  Stoddard 

K 

II 

William  Brattle 

Cambridge 

Clerk 

Ebenezer  Pemberton 

Boston 

11 

William  Dummer 

(1 

Merchant 

one  half  share 

Jeremiah  Dummer 

u 

Esqr 

11 

Jonathan  Belcher 

(I 

Merchant 

one  share 

John  White, 

11 

Gentleman 

II 

William  Clark 

u 

Merchant 

<i 

John  Wainwright 

If 

u 

one  third  share 

Henry  Newman 

London 

Esqr 

(1 

John  Caswell 

II 

Merchant 

<i 

Mary  Saltonstall 

New  London 

Dame 

one  share 

Nathan  Gold 

Fan-field 

Esqr 

one  half  share 

Peter  Burr 

II 

u 

« 

John  Stoddard 

Northampton 

11 

II 

Elisha  Williams 

Weathersfield  Gentleman 

II 

John  Read 

Lone  Town 

11 

one  share." 

jrds  in  office  Sec.  State  Mass.,  ii.  278 

APPENDIX  B. 

RENEWAL    or   THE   TREATY. 

Referred  to  on 

p.  24, 

"Province  of  the  Massachusetts  Bay — Fort  Dammer,  1737. 

"  Pursuant  to  an  order  trom  his  Excellency  the  Governor  to  us  the  subscribera 


APPENDIX   B.  737 

directed,  appointing  us  to  confer  with  Ontaussoogoe  and  other  delegates  of  the  Cag- 
nawaga  tribe  of  Indians,  we  came  to  Fort  Dummer  aforesaid,  where  we  arrived  on 
the  5th  of  October  Anno  Domini  1737. 

■'  "\\'e  acquainted  the  said  delegates  that  his  Excellency  the  Governor  having  been 
informed  tliat  they  were  come  to  Fort  Dummer  to  treat  about  some  publick  affairs,  he 
had  tliereupon  ordered  and  appointed  us  on  behalf  of  the  Government  of  the  said 
Province  to  confer  with  them  of  such  matters  as  were  given  them  in  charge,  and 
that  we  should  be  ready  to  hear  what  they  had  to  say  when  they  were  prepared  to 
speak.     The  usual  ceremonies  being  over,  tliey  withdrew. 

"  October  6.  Being  met  in  the  morning,  Ontaussoogoe  said  to  us  as  follows  vizt. 
'  Brother  the  Broadway,  two  years  past  I  was  at  Deerfield ;  the  matter  then 
delivered  to  us  by  you  was,  that  the  old  covenant  of  peace  and  unity  between  our 
brother  the  Broadway  and  us  might  be  continued. 

"  '  We  now  return  in  answer  for  our  three  tribes,  that  our  desire  is  that  it  might 
remain  firm  and  unshaken,  and  do  from  our  heart  promise  that  the  covenant  shall 
not  be  broken  on  our  part,  but  if  ever  there  should  be  any  breach,  it  shall  begin  on 
yours,  and  the  God  of  Heaven  who  now  sees  us  and  knows  what  we  are  doing,  be 
witness  of  our  sincerity.'     Then  laid  down  a  belt  of 'Wampum. 

"  Ontaussoogoe  then  said  again,  '  We  your  brethren  of  the  three  tribes  have  learned 
by  hear  say,  that  our  Brother  the  Broadway  has  lost  his  wife.  Such  losses  ought 
to  be  made  up.  We  did  not  know  whether  the  Govr  would  be  capable  of  a  Treaty 
under  his  affliction,  but  find  that  he  is,  and  are  thankful  for  it.'  Then  gave  a  belt 
of  Wampum  to  quiet  the  Govrs  mind  and  remove  his  grief  for  the  loss  of  his  wife, 
and  added,  '  I  rowl  myself  in  the  dust  for  the  loss  of  our  great  men.' 

"  Ontaussoogoe  said  again,  '  We  do  in  the  name  of  our  three  tribes  salute  the  Govt 
and  all  the  Gentlemen  belonging  to  him  Tho'  at  a  great  distance  and  strangers,  yet 
something  acquamted.  This  was  their  desire  and  our  design  when  we  came  from 
home  thus  to  salute  you  with  this  belt,  wishing  you  happiness,  and  prosperity  ;'  laid 
it  down,  and  said  they  had  done  speaking. 

"  We  then  said  to  them,  we  would  take  what  they  had  delivered  into  conside- 
ration, and  return  answer  thereto  in  the  afternoon.  We  then  drank  King  George's 
health  to  them.     They  also  drinked  King  George's  health  and  the  Governors  and 

to  U.S. 

"  In  the  afternoon  being  met,  We  said  to  them,  '  You  have  in  strong  terms  assured 
US  that  the  covenant  of  friendship  renewed  two  years  ago  at  Deerfield  between  this 
Government  and  the  Cagnawaga  tribe  shall  always  remain  firm  and  unshaken,  and 
we  do  in  the  name  and  behalf  of  the  Government,  assure  you  that  they  will  cultivate 
the  friendship  they  have  contracted  with  your  tribe,  and  that  nothing  in  our  own 
hearts,  nor  the  instigation  of  others,  shall  ever  prevail  upon  us  to  break  our  solemn 
engagements  to  you,  but  we  shall  always  hold  ourselves  under  the  strongest  obliga- 
tions to  a  punctual  observance  of  wliat  we  have  promised.'  We  then  gave  a  Belt 
of  Wampum. 

"  '  You  have  in  your  speech  to  us  this  day  condoled  the  death  of  the  Governour's 
Lady.  Her  death  was  the  cause  of  much  grief  to  him.  We  doubt  not  but  your 
sympathizing  with  him,  will  tend  to  abate  and  lighten  his  sorrow.  We  take  this 
occasion  to  express  our  concern  for  the  death  of  your  friends  and  to  comfort  your 
hearts  under  your  afflictions,'     We  then  gave  three  black  Blankets  instead  of  a  Belt. 

"  'We  kindly  accept  the  salutation  of  your  people,  and  esteem  it  a  token  of  their 
respect  and  friendship  to  us,  and  we  do  in  tho  name  of  the  Government  return  the 
like  salutation  to  your  old  men  and  young,  both  to  your  counsellors  and  to  your  men 
of  war,  to  all  of  them  we  wish  prosperity  and  happiness  for  ever.'  Then  we  gave  a 
Belt  of  Wampum. 

"  Ontaussoogoe  said,  '  Gentn,  I  return  thanks,  you  have  rehearsed  all  that  has  been 

47 


738  HISTOKY   OF   EASTERN   VERMONT. 

said  this  day — are  glad  your  hearts  are  disposed  as  we  find  they  are  to  Mendship  and 
desire  that  they  always  may,  and  declare  that  ours  ever  will,  and  thank  Grod  for  it — 
and  wishes  well  to  all' 

"  We  then  driiiked  the  Govrs  health. 

"  The  speeches  being  ended,  we  then  in  the  name  of  the  Govt  Gave  a  present  to 
them  of  the  value  of  seventy  pounds  ten  shillings. 

"John  Stoddard,  Eleazr  Porter,  Thos  Wallis, 

Joseph  Kellogg,  Isr.  Williams,  Comrs." 
— Records  in  office  Sec.  State  Mass.,  xxix.  333-335. 


APPENDIX  C. 

TOWNSHIP  NTJMBER  ONE. 

Eeferred  to  on  p.  58. 

The  names  of  those  persons  who  were  admitted  grantees,  or  proprietors  of  town- 
ship No.  1,  on  the  19th  of  November,  1736,  were: 

Capt.  Joseph  Tisdale,  Deacon  Samuel  Sumner, 

James  Williams,  Ensign  Seth  Sumner, 

Capt.  James  Leonard,  Lieut.  Morgan  Cobb  2d, 

Edmond  Andrews,  Lieut.  John  Harney, 

James  Leonard  3d,  Ensign  Edward  Blake, 

Joseph  Willis,  Eliakim  Walker, 

Josiah  Lincoln,  Jonathan  Paddleford,  Jr., 

Joseph  Barney,  John  Smith  2d, 

Joseph  WUbore,  Jonathan  Barney, 

Ebenezer  Dean,  James  Walker, 

Joseph  Eddy,  James  Leonard  2d, 

Ezra  Dean,  Ephraim  Dean, 

Ebenezer  Cobb,  Israel  Tisdale. 

Capt.  Joseph  Tisdale  on  the  rights  of  John  Crossman,  Benjamin  Grossman,  Samuel 
Darby,  Joseph  Jones,  Jeremiah  Wittnell,  and  Stephen  Wilbore. 

Deacon  Samuel  Sumner  on  the  rights  of  Benjamin  Willis  and  Stephen  Macomber. 
Thomas  Clapp  on  the  rights  of  Nicholas  Stephens  and  Samuel  Pratt. 
Lieut.  Eliphalet  Leonard  on  the  rights  of  William  Hodges  2d,  Henry  Hodges, 
Francis  Liscomb,  Stephen  Wood,  and  William  Hoskins. 

Jonathan  Paddleford,  Jr.  on  the  rights  of  Thomas  Lincoln  3d,  and  Samuel  Wil- 
liams 2d. 

Joseph  Tisdale,  Jr.  on  the  rights  of  John  Tisdale,  Robert  Woodward,  and  Joseph 
Drake. 
Joseph  Eddy  on  the  rights  of  Nathaniel  Caswell  and  William  Leonard. 

Capt.  James  Leonard  on  tlie  rights  of  David  Cobb  and  Morgan  Cobb. 

Benjamin  Ruggles         on  the  right  of    Henry  Richmond. 

James  Williams  "  "  Abraham  Tisdale. 

Seth  Staples  "  "  Jolin  Andrews. 

Ensign  Seth  Sumner  "  "  Isaac  Merrick. 

Lieut.  John  Harney  "  "  Stephen  Gary. 

Ebenezer  Dean  "  "         Joseph  Richmond. 


APPENDIX   D. 


739 


Ebenezer  Smith  on  the  right  of  Thomas  Gilbert 

James  Walker,  Jr.  "  "         James  "Walker. 

Lieut.  Morgan  Cobb  2d     "  "  Simeon  Cobb. 

Wimam  Ware  "  "  William  Thayer. 

In  addition  to  the  allotments  made  to  these  grantees,  two  rights  were  set  apart 
for  the  first  and  second  settled  ministers,  and  one  right  was  assigned  for  school 
purposes. 


APPENDIX  D. 


PEOPELETOKS  OF  WESTMINSTER. 


Eeferred  to  on  p.  61. 


The  names  of  the  proprietors  of  Westminster,  subsequent  to  the  granting  of  the 
charter  by  Governor  Benning  Wentworth  of  New  Hampshire,  on  the  9th  of  Novem- 
ber, 1752,  are  contained  in  the  annexed  list,  taken  from  the  "Records  of  West- 
minster," under  the  date  of  July  26th,  1753. 

"  Proprietors.     Josiah  Willard  for  and  in  behalf  of 


Samuel  Greely, 
James  HUls, 
John  Hunt, 
Benjamin  Farwell, 
Robert  Usher, 
Samuel  Cummings, 
Josiah  Brown, 
Peter  Powers, 
John  Chamberlain, 
Jonathan  Cummings, 
John  Usher, 
Robert  Fletcher, 
Jonathan  Cummings,  Jur., 
Jonathan  Willard, 
Prentice  Willard, 
Solomon  Willard, 
Ebenezer  Field, 


John  Pierce, 
Nathaniel  Mattoon, 
William  Wilson, 
John  Taylor, 
Jonathan  Hubbard, 
Jeames  Jewel, 
Joseph  Ashley, 
Samuel  Ashley, 
Josiah  Willard,  Jur., 
WiUiam  WiUard, 
BiUy  WiUard, 
Ephraim  Dean, 
WDder  Willard, 
Jetliro  Wheeler, 
John  Averill, 
Michael  Gilson." 


APPENDIX  B. 

THE  FIGHT  AT  JOHN   KILBDRN'S   FORT. 


Referred  to  on  p.  74. 

No  one  who  loves  to  commemorate  and  record  the  deeds  of  his  ancestors,  can 
withhold  his  tribute  of  approbation  from  those  who  were  instrumental  in  consecrat- 
ing a  monument  to  the  memory  of  their  worthy  progenitor.  Col.  Benjamin  Bellows, 


740  HISTORY   OF   EASTERN   VERMONT. 

at  Walpole,  New  Hampshire,  on  the  11th  of  October,  1854.  From  the  valuable 
address  made  by  the  Rev.  Henry  W.  Bellows,  D.D.,  on  this  occasion,  which  has 
since  been  published  with  other  information  in  a  memorial  monograph  of  125  pages, 
the  following  minute  account  of  the  transactions  referred  to  in  the  text  is  taken : — 

"Colonel  Bellows's  fort  ....  was  situated  a  little  north  of  his  dweUing-houso 
(built  in  1762  and  still  standing),  just  on  the  brow  of  the  terrace  overlooking  his 
magnificent  meadows.  It  was  shaped  like  an  L,  about  a  hundred  feet  long  in  the 
arms,  and  twenty  feet  broad,  built  of  logs  and  earth,  and  surrounded  by  an  outer 
palisade.  Although  a  private  garrisoned  house,  it  was  yet  of  such  importance  as  to 
be  named  among  the  fortresses  maintained  at  the  public  expense,  at  Fort  Dummer, 
Westmoreland,  and  Charlestown,  being  No.  3  in  this  chain  of  defences.  The  royal 
government  supplied  each  of  these  forts  with  a  heavy  iron  gun,  for  the  pubUc  pro- 
tection." 

Apprehensive  of  danger.  Colonel  Bellows  and  John  Kilburn  took  every  precaution 
which  their  hmited  resources  could  command,  to  insure  the  defence  of  their  own 
and  the  neiglibouring  settlements.  The  necessity  of  tliis  course  was  soon  after  made 
fully  apparent. 

"Two  men,  by  name  Daniel  Twichel  and  John  Flynt,  in  the  summer  of  1755 
(somewhere  between  the  third  Wednesday  in  March,  1755,  when  Daniel  Twichel  was 
appointed  select-man,  and  the  17tli  of  August,  when  the  Kilbum  fight  took  place, 
but  probably  in  August),  had  gone  back  to  the  hills,  about  a  mile  and  a  half  north- 
east, on  what  is  now  the  Drewsville  road,  to  procure  some  timber  for  oars.  Hero 
they  were  shot  by  the  Indians.  One  of  them  was  scalped,  the  other  cut  open,  his 
heart  taken  out  and  laid  in  pieces  upon  his  breast.  This  was  the  first  Cliristian  blood 
spilt  in  Walpole.  The  bodies  wore  buried  on  the  spot,  which  is  accurately  pointed 
out  at  this  day.  This  event  made  a  solemn  impression  on  the  settlers.  They 
imagined  that  Twichel's  spirit  continued  to  hover  over  them,  warning  them  of  the 
wiles  of  the  savages,  and  crying  for  vengeance  on  them.  A  remarkable  rock  in 
Connecticut  river,  where  he  used  to  fish  with  unfailing  success,  was  for  a  long  time 
held  in  religious  veneration ;  anda  nglers  are  still  tempted  to  Twichel's  Rock,  as  to  a 
place  where  their  luck  is  under  the  propitious  influence  of  his  memory. 

•'  Shortly  before  this,  an  Indian  by  the  name  of  Pliilip  had  visited  Kilburn's  house 
in  a  friendly  way,  pretending  to  be  in  want  of  provisions.  He  was  supplied  with 
flints,  flour,  etc.,  and  dismissed.  Soon  after  it  was  ascertained  that  this  same  Indian 
had  visited  all  the  settlements  on  tlie  river,  doubtless  to  procure  information  of  the 
state  of  their  defences.  Governor  Shirley  about  this  time  sent  information  to  all  the 
forts  in  this  region,  that  five  hundred  Indians  were  collecting  in  Canada,  whose  aim 
was  the  butchery  and  extinction  of  tlio  whole  white  population  on  the  river. 
Greatly  alarmed,  the  sparse  population,  unwilling  to  abandon  their  crops,  had 
strengthened  their  feeble  garrisons,  and  bravely  determined  to  stand  by  tlieu-  rude 
but  promising  homes. 

.  "  Col.  Benjamin  Bellows  had  at  this  time  about  thirty  men  at  his  fort,  about  half 
a  mile  south  of  Kilburn's  house,  but  too  distant  from  it  to  aff'ord  him  any  aid.  About 
noon  on  the  17tli  of  August,  1755,  Kilbum  and  his  son  John,  in  his  eighteenth  year, 
a  man  by  the  name  of  Peak  and  his  son,  were  returning  home  to  dinner  from  the 
field,  when  one  of  them  discovered  the  red  legs  of  the  Indians  among  tlie  alders,  '  as 
thick  as  grasshoppers.'  They  instantly  made  for  the  house,  fastened  the  door,  and 
prepared  for  an  obstinate  defence.  Kilburn's  wife  Ruth  and  his  daughter  Hetty 
were  already  in  the  liouso.  In  about  fifteen  minutes,  tlie  savages  were  seen  crawl- 
ing up  the  bank  east  of  the  house,  and  as  they  crossed  a  footpath,  one  by  one,  one 
hundred  and  ninety-seven  were  counted.  About  tlio  same  number,  it  afterwards 
proved,  liad  remained  in  ambush,  near  tlie  nioutli  of  Cold  river,  but  joined  tiio 
attacking  party  soon. 


APPENDIX   E.  741 

"  The  savages  appeared  to  have  learned  that  Colonel  Bellows  and  his  men  were 
at  work  at  his  mill  about  a  mile  oast  (on  what  is  called  tlio  Blanchard  brook,  near 
whore  it  is  crossed  by  the  Drewsville  road,  it  being  built  at  that  distance  from  the 
fort  on  account  of  the  convenience  of  a  waterfall),  and  they  intended  to  waylay  and 
murder  them  before  attacking  Kilburn's  house.  Colonel  Bellows  and  Ids  men  were 
now  returning  home,  each  with  a  bag  of  meal  on  his  back,  when  the  dogs  began  to 
growl  and  betray  the  neighborhood  of  an  enemy.  The  Colonel,  knowing  the  lan- 
guage of  the  dogs  and  the  wiles  of  the  Indians,  instantly  adopted  his  policy.  He 
directed  his  men,  throwing  oil"  the  meal,  to  crawl  carefully  to  the  rise  of  the  laud, 
and  on  reaching  the  top  of  the  bank,  to  spring  together  to  thoir  feet,  give  one  whoop, 
and  instantly  drop  into  tlie  sweet  fern.  This  manoeuvre  had  the  desired  effect  to 
draw  the  Indians  from  their  ambush.  At  the  sound  of  the  whoop,  fancying  them- 
selves discovered,  the  wliole  body  of  the  savages  arose  from  the  bushes  in  a  semi- 
circle round  the  path  Colonel  Bellows  was  to  have  followed.  His  men  improved 
instantly  the  excellent  opportunity  for  a  shot  ofl'ered  by  the  enemy,  who  were  so 
disconcerted,  that  without  firing  a  gun,  they  darted  into  the  bushes  and  disappeared. 
The  Colonel,  sensible  of  his  unequal  force,  hurried  his  men  off  by  the  shortest  cut  to 
the  fort,  and  prepared  for  its  defence. 

"  The  cowardly  savages  had,  however,  no  intention  of  coming  again  into  the  range 
of  his  guns.  They  determined  to  take  their  vengeance  out  of  a  weaker  partj^,  and 
soon  after  appeared  on  the  eminence  east  of  Kilburn's  house.  Here  the  same 
treacherous  Philip,  who  had  visited  him  and  partaken  his  hospitality  so  short  a  time 
before,  came  forward  under  shelter  of  a  tree  and  summoned  the  little  garrison  to 
surrender.  '  Old  John,  Young  John,'  was  his  cry,  '  I  know  ye.  Come  out  here- 
We  give  you  good  quarter.'  'Quarter!'  vociferated  old  Kilburn,  in  a  voice  of 
thunder.  '  You  black  rascals,  begone,  or  we'll  quarter  you.'  It  was  a  brave  reply 
for  four  men  to  make  to  four  hundred  I  Pliilip  returned,  and  after  a  short  consul- 
tation the  war-whoop  rang  out,  as  if,  to  use  the  language  of  an  ear- witness,  '  all  the 
devils  in  hell  had  been  let  loose.'  Kilburn  was  lucky  and  prudent  enough  to  get  the 
first  fire,  before  the  smoke  of  the  battle  perplexed  his  aun,  and  was  confident  he  saw 
Philip  himself  fall.  The  fire  from  tlie  little  garrison  was  returned  by  a  shower  of 
balls  from  the  savages,  who  rushed  forward  to  the  attack.  The  roof  was  a  perfect 
'  riddle-sieve.'  Some  of  the  Indians  fell  at  once  to  butchering  the  cattle,  others  to  a 
wanton  destruction  of  the  grain,  while  the  larger  part  kept  up  an  incessant  fire  at 
the  house.  Meanwhile,  Kilburn  and  his  men — aye,  and  his  women — wore  all  busily 
at  work.  Their  powder  they  poured  into  their  hats  for  greater  convenience ;  the 
women  loaded  the  guns,  of  which  they  had  several  spare  ones — all  of  them  being 
kept  hot  by  incessant  use.  As  their  stock  of  lead  grew  sliort,  they  suspended 
blankets  over  their  heads  to  catch  the  balls  of  the  enemy,  which  penetrated  one  side 
of  the  roof,  and  fell  short  of  the  other.  These  wore  immediately  run  by  these 
Spartan  women  into  bullets,  and  before  they  had  time  to  cool,  wore  sent  back  to  the 
enemy  from  whom  they  came. . . .  Several  attempts  were  made  to  force  the  door,  but 
tlie  unerring  aim  of  the  marksmen  within  sent  such  certain  death  to  these  assailants, 
that  they  soon  desisted  from  their  efibrts.  Most  of  the  time  the  Indians  kept  behind 
logs  and  stumps,  and  avoided  as  they  best  could  the  fire  of  the  little  Gibraltar.  The 
whole  afternoon,  even  till  sun-down,  the  battle  continued,  until,  as  the  sun  set,  the 
savages,  unable  to  conquer  go  small  a  fortress,  discouraged  and  baffled,  forsook  the 
ground,  and,  as  was  supposed,  returned  to  Canada,  abandoning  the  expedition  on 
which  they  had  set  out.  It  ia  not  unreasonable  to  suppose  that  thoir  fatal  experience 
here,  through  the  matchless  defence  of  those  Walpole  heroes  and  heroines,  was 
instrumental  in  saving  hundreds  of  the  dwellers  on  the  frontiers  from  the  horrors  of 
an  Indian  massacre. 

"  Seldom  did  it  fall  to  the  lot  of  our  forefathers  to  win  a  more  brilliant  crown  than 


742  HISTORY    OF   EASTERN   VERMONT. 

John  Kilbum  earned  in  this  glorious  exploit.  Peak  got  the  only  wound  of  his  party, 
receiving  a  ball  in  the  hip,  from  exposure  at  a  port-hole,  which  unhappily,  for  lack 
of  surgical  care,  caused  his  death  on  the  fifth  day.  The  Indians  never  again  appeared 
in  Walpole,  although  the  war  did  not  terminate  until  eight  years  afterwards.  John 
Kilbum  hved  to  see  his  fourth  generation  on  the  stage,  and  enjoying  the  benefits  of 
a  high  civilization  on  the  spot  he  had  rescued  from  the  savages.  He  possessed  an 
honest  heart,  lived  uprightly,  and  died  in  peace.  A  plain  stone  in  Walpole  burying 
ground  thus  commemorates  his  departure,  and  speaks  his  eulogy  in  a  brief|  expressive 
phrase: — 

IN    MEMORY 
OF 

JOHN   KILBURN 

Who  departed  this  life  for  a  better 

April  8,  1789, 

In  the  85th  year  of  his  age. 

He  was  the  first  settler  of  this  town  in 
1749. 

"  In  1814,  his  son,  young  John,  last  visited  the  scene  of  his  youthful  exploits 
He  died  among  his  children,  in  Shrewsbury,  Vermont,  in  1822.  One  of  liis  sons 
died  in  this  town  only  a  year  or  two  since. 

"  What  amount  of  destruction  Kilbum  made  among  the  savages  it  was  impossible 
to  tell,  as  it  is  well  known  they  carefully  carry  off  and  conceal  their  dead.  It  is 
said  that  Indian  graves  have  been  dug  up  at  Cold  river,  and  on  the  line  of  the  rail- 
road in  that  neighborhood,  and  six  graves  were  found  on  the  site  of  the  Island 
House  at  the  Falls,  in  1833,  which  may  possibly  have  been  those  of  victims  in  this 
fight." — Historical  Sketch  of  Col.  Benjamin  Bellows,  pp.  24-29. 


APPENDIX  F. 

PROPRIETORS   OF   WESTMINSTER. 

Referred  to  on  p.  93. 

The  names  of  the  proprietors  of  the  township  of  Westminster  on  the  11th  of  June, 

1760,  when  the  tune  for  fulfilling  the  conditions  of  the  charter  was  extended, 
were: 

John  Hulburt,  John  Hunt, 

Josiah  Willard,  John  Taylor, 

William  Willard,  John  Peirce, 

Valentine  Butler,  Anthony  Peirce, 

Joseph  Alexander,  Andrew  Gardner,  Jr., 

Nathan  Willard,  James  Jewel, 

Susannah  Gilson,  Manassah  Divel, 

Oliver  Willard,  Simon  Hunt, 


APPENDIX   F.  743 

John  Arms,  "William  Wilson, 

Wilder  WOlard,  John  Arms,  Jur., 

John  Moor,  Solomon  Willard, 

John  Moor,  Jr.,  Ebenezer  Fields, 

Daniel  Whitmore,  Samuel  Allen, 

William  Willard,  Jr.,  Billey  WUlard, 

Prentice  Willard,  Caleb  How, 

Ephraim  Dean,  Jonathan  Hubbard, 

Elijah  Cady,  James  Hills, 

Asa  Douglass,  Josiah  Willard,  Jur., 

Samuel  Ashley,  Benjamin  Farwell, 

John  Alexander,  Samuel  Cummings, 

Samuel  Greely,  Josiah  Brown, 

Jethro  Wheeler,  Peter  Powers, 

Jonathan  Thare,  Robert  Fletcher,  Jr., 

Joshua  Wells,  Timothy  Latherbee, 

Submit  Foster,  Minister, 

Nathan  Willard,  Jr.,  Henry  Sherburn, 

Joseph  Hubbard,  Samuel  Smith, 

Joseph  Ashley,  John  Downing, 

Nathaniel  Mattoon,  Samson  Sheafif. 

Jonathan  Willard. 
Besides  these  fifty-nine  shares,  there  Were  also  fourteen  others  located  at  the 
north  end  of  the  town,  of  which  two  were  held  by  His  Excellency  Benning  Went- 
worth,  and  one  each  by  John  Wentworth,  Robert  Usher,  Jolm  Chamberlain,  Jona- 
than Cummings,  John  Usher,  Jonathan  Cummings,  Jr.,  David  Steams,  Byfield 
Lloyd,  Richard  Wibird,  and  Theodore  Atkinson.  One  share  was  appropriated  for 
a  Glebe  for  the  Church  of  England,  as  by  law  established,  and  another  for  the  bene- 
fit of  the  Incorporated  Society  for  the  Propagation  of  the  Gospel  in  Foreign  Parts. 


APPENDIX  G. 

DIVISION  OP  CUMBERL.VND  COUNTY  INTO  DISTRICTS. 

Referred  to  on  p.  184. 

"  Cumberland  County,  6th  May,  1772. 
"Public  Notice  is  hereby  given,  that  the  third  Tuesday  in  May  Instant  is 
appointed  by  Law  for  the  Freeholders  and  Inhabitants  of  each  respective  Township 
in  the  said  County,  and  of  each  respective  District  (an  abstract  whereof  is  hereunto 
subjoined)  to  Elect  and  Choose  from  among  the  Freeholders  and  Inhabitants  of  the 
same  respectively,  one  Supervisor,  two  Assessors,  two  Collectors,  two  Overseers  of 
the  Poor,  three  Commissioners  for  laying  out  the  Highways,  and  also  so  many 
Persons  to  be  Surveyors  and  Overseers  of  the  Highways,  as  the  Major  part  of  the 
Freeholders  and  Inhabitants  of  each  Town  and  District  shall  judge  necessary,  two 
Fence  viewers  and  four  Constables.  And  that  the  last  Tuesday  in  May  Instant  ia 
likewise  appointed  the  Day  for  the  Supervisors  so  Elected  for  each  Township  and 
District,  to  Assemble  and  meet  together  at  the  Court  House,  in  the  Townsliip  of 
Chester  in  the  said  County,  then  and  there  by  Plurality  of  voices  to  agree  upon. 


7M  HISTORY    OF   EASTERN   VERMONT. 

determine,  and  Ascertain  the  Township  or  place  within  the  said  County,  where  a 
Court  House  and  Gaol  shall  be  Erected  and  Built. 

"  An  abstract  of  such  parts  of  the  County  of  Cumberland  as  are  formed  into 
Districts. 
"  The  1st  District  comprehends  Hartford,  and  extends  North  to  the  County  line. 

"  2d  District  comprehends  Pomfret  and  Bernard,  and  extends  North  and  West 
to  the  North  and  "West  lines  of  the  County. 

"  3d  District  comprehends  such  parts  of  "Woodstock  and  Bridgewater  as  lye  in 
the  County,  and  extends  "West  to  the  County  line. 

"  4th  District  comprehends  Reading  and  Saltash,  and  extends  West  to  the  West 
bounds  of  the  County. 

"  5th  District  comprehends  Wethersfield. 

"  6th  District  comprehends  Cavendish  and  Ludlow,  and  the  Lands  to  the  West 
thereof  not  erected  into  Townships,  until  it  extends  to  the  West 
line  of  the  County. 

"  1th  District  comprehends  Andover,  and  the  lands  to  the  West  bounds  of  the 
County. 

"  8th  District  comprehends  Springfield. 

"  9th  District  comprehends  Rockingham. 

"  10th  District  comprehends  Tomlinson,  and  the  Lands  to  the  Southward  not 
erected  into  a  Township,  as  far  South  as  To^\^lsend  line,  and  to  the 
Northward  of  an  East  and  West  line  from  thence,  to  the  West 
bounds  of  Westminster,  and  the  Lands  not  Erected  into  Townships 
to  the  Westward,  as  far  as  the  West  bounds  of  tlie  County. 

"  11th  District  comprehends  Townsend  and  the  Lands  partly  to  the  Eastward 
thereof  not  erected  into  a  Township,  and  the  Lands  to  the  AVest- 
ward  thereof  not  erected  into  Townships  to  the  West  bounds  of  the 
Count}'. 

"  12th  District  comprehends  New  Fane,  and  the  Lands  not  erected  into  a  Town- 
ship to  the  West  thereof,  so  far  as  the  West  bounds  of  the 
County. 

"  13th  District  comprehends  Fulham. 

"  14th  District  comprehends  Marlborough. 

"  15th  District  comprehends  so  much  of  Wilmington  or  Draper  as  lieth  within 
the  Count}'-,  and  extends  West  to  the  County  line. 

"  16th  District  comprehends  Halifax. 

"  17th  District  comprehends  Guilford. 

"  18th  District  comprehends  Hinsdale. 

"A  full  description  of  the  above  Districts  is  lodged  with  the 
Subscriber,  to  which  Recourse  may  bo  had  if  necessary. 

"  Crean  Brush,  CI." 


APPENDIX   H. 


745 


APPENDIX   H. 

CENSUS  OF  JANUARY  16TH,  1771. 

Referred  to  on  p.  188. 

CUMBERLAND   COUNTY. 


Towns. 

S 

St 

•If 
II 

ja  a 

Is 

£  a 

1 

•a 
s 

4) 

^ 
^ 

1 
"S 

Andover 

Bromley 

4 

103 

38 

3 

9 

102 

35 

4 

1 

8 
4 

8 

110 

45 

3 

6 
79 
30 

4 

1 

28 
403 
152 

14 

5 

75 

30 

4 

Kent 

Brattleborough . . . 
Chester 

Cumberland 

Fulliam 

54 
124 
100 

46 

48 
28 

64 
92 
83 
48 
31 
28 

3 
6 

4 

1 
5 

37 
116 
74 
66 
35 
16 

40 
94 
68 
40 
28 
30 

1 
3 

2 
1 

189 
436 
329 
190 
144 
107 

44 
75 
55 
13 
25 
19 

Guilford 

Halifax 

Hartford 

Hertford 

Hinsdale 

Marlborough    .... 
Newfane 

6 
12 

24 
14 

1 
1 

6 
14 

12 
11 

1 

50 
52 

22 
8 

Norwich 

63 
13 
94 

48 

66 
14 

74 
62 

4 
4 

39 

4 

60 

52 

48 

6 

69 

57 

1 
1 

1 
1 

20tj 

39 

301 

225 

40 

6 

51 

50 

Ponifret 

Putney 

Rockingham 

Sharon  

17 
43 

19 
30 

1 
1 

14 
36 

17 
31 

68 
141 

12 
27 

Sprinijfleld   

Townshend 

33 

40 

1 

35 

26 

1 

136 

25 

"Weiithersfield 

2 

8 

6 

4 

20 

4 

Westminster  ...... 

136 

107 

8 

110 

117 

478 

77 

Wilmington 

16 

19 

6 

17 

14 

71 

14 

Windsor 

50 
9 

57 
13 

3 

46 
10 

46 
10 

1 

203 
42 

35 
10 

Woodstock 

Total 

1080 

1033 

60 

949 

887 

7 

8 

4024 

744 

GLOUCESTER  COUNTY. 


Total 

S 
"St© 

1? 

i  a 
^  a 

m  a 

1^ 

a  a 

Is 

^  a 

a    . 

|S 
£M 

S 
"3 

1 

a! 

"a 

a 

"3 
1 

178 

185 

8 

193 

151 

6 

1 

722 

Williams's  Hist.  Vt.,  ii.  478.    Doc.  Hist.  N.  Y.,  iv.  1034.     Brattleborough 

Somi- Weekly  Eagle,  Thursday  Evening,  May  2d,  1850,  vol.  iii.  No.  76. 


746  HISTORY   OF   EASTERN   VERMONT. 

APPENDIX  I. 
THE  "WESTMINSTER  MASSACRE." 

Referred  to  on  p.  241. 

The  more  accessible  sources  from  which  the  account  of  the  "  Westminster  Mas- 
sacre" has  been  drawn,  are  named  in  the  annexed  list. 

March  21st,  1775.  MS.  Council  Mmutes  in  office  Sec.  State  N.  Y.,  1765-1783,  xxvi. 
425,  426.     Doc.  Hist.  N.  Y.,  iv.  903,  904. 
"     22d,  1775.   Depositions  of  Oliver  Church  and  Joseph  Hancock,  in  Doc.  Hist. 
N.  Y.,  iv.  904-910.      Brattleborough  (Vt.)  Semi-Weekly  Eagle, 
Thursday  Evening,  September  20th,  1849,  vol.  iii.,  No.  13. 
"     23d,  1775.   "A  relation  of  the  proceedings  of  the  people  of  the  County  of 
Cumberland  and  Province  of  New  York,"  by  Reuben  Jones,  in 
Slade's  Vt.  State   Papers,  55-59.     American  Archives,  Fourth 
Series,   1775,   vol.  ii.,  cols.  218-222.     Journals  of  the  General 
Assembly  of  the  Province  of  New  York. 
"     28th,  1775.  Deposition  of  John  Griffin,  in  Doc.  Hist.   N.  Y.,  iv.  910-914. 
Brattleborough  (Vt.)  Semi- Weekly  Eagle,  Monday  Evening,  Sep- 
tember, 17th,  1849,  vol.  iii.,  No.  12. 
"     30th,  1775.  Journals  of  the  General  Assembly  of  the  Province  of  New  York. 
American  Archives,  Fourth  Series,  1775,  vol.  i.,  cols.  1321-1324. 
April  3d,  1775.  See  authorities  cited  under  March  30th,  1775. 

"     5th,  1775.  Dispatches  of  Lieutenant  Governor  Golden  to  Lord  Dartmouth,  in 
MSS.   Loudon   Documents  in  office  Sec.  State  N.  Y.,  xlv.     Doc. 
Hist.  N.  Y.,  iv.  914-916. 
May  5th,  1775.  MSS.  Council  Minutes  in  office  Sec.  State  N.  Y.,  1765-1783.  xxvi 
435.  Doc.  Hist.  N.  Y.,  iv.  917,  918.  Brattleborough  (Vt.)  Semi- Weekly 
Eagle,  Monday  Evening,  September  24:th,  1849.  vol.  iii..  No.  14. 
The  "  State  of  the  Facts"  made  by  the  judges  of  the  court,  and  epitomized  on  p. 
223,  is  in  these  words: — 

"New  York  County  of  Cumberiand  court  of  common  Pleas,  And  court  of  General 
Sessions  of  the  Peace  holden  at  the  court  House  in  Westminster  this  Fourteenth  Day 
of  March  A.  D.  1775.  Whereas  a  very  melanchollj-  and  unhappy  affixir  Happened 
at  this  Place  in  the  evening  of  yesterday  The  thirteenth  Instant  and  Whereas  it 
may  be  that  the  Same  may  Be  represented  verj^  Different  From  what  The  same  really 
was  We  his  majesty's  Judges  and  Justices  of  the  said  Courts  being  chiefly  there 
Present  have  Thought  it  our  Duty  thus  to  relate  a  true  state  of  the  Facts  Exactly  as 
they  happened. 

"  Many  threats  having  for  several  Terms  past  been  Thrown  out  by  evil  minded 
persons  that  they  would  With  Violence  break  up  and  Destroy  the  courts  of  our 
Sovereign  Lord  tlie  king  in  this  county  and  tlircats  of  A  more  Daring  and  absolute 
nature  than  formerly  having  been  thrown  out  by  certain  Evil  Minded  persons  Against 
the  setting  of  this  present  Court  the  Sheriff  tho't  it  Essentially  necessary  to  raise  a 
Posse  For  the  Courts  Protection  and  having  Raised  about  si.xty  Men  armed  some 
With  Guns  and  some  with  staves  he  arrived  At  there  head  betbre  the  Court  House 
about  five  o'clock  In  the  afternoon  of  yesterday  When  to  the  Great  Surprise  of  tlie 
said  Sheriff  and  Posse  they  found  the  court  house  Taken  into  Possession  and  the 
several  Doors  thereof  Guarded  By  a  large  number  of  Rioters  (supposed  to  be  about 
an  Hundred  in  the  whole)  armed  With  clubs  and  some  Few  fire  arms.     The  Sheriff 


APPENDIX   I.  747 

then  endeavored  to  Gro  in  at  the  Door  of  the  court-house,  but  was  prevented  by 
Threats  And  menaces ;  whereupon  he  read  the  King's  Proclamation,  with  a  very 
loud  voice  commanding  In  his  Majesty's  name  all  persons  unlawfully  assembled 
Immediately  to  Depart,  and  thereupon  Demanded  Entrance  again  But  was  again 
refused  and  Prevented  by  threats  and  menaces  as  Before.  The  Sherifi'  then  told  the 
Rioters  that  he  would  Leave  them  a  short  time  to  consider  of  their  behaviour  And 
to  Disperse,  and  if  they  would  not  afterwards  allow  Him  Entrance  into  the  said  court- 
house That  he  would  Absolutely  Enter  it  by  force.  But  the  Rioters  made  scoff  at 
this  Measure  replying  the  hardest  must  fend  off.  The  Rioters  a  little  time  after- 
wards wanted  to  choose  committees  to  Parley  but  was  answered  that  they  could  not 
Parley  to  consider  whether  the  King's  Court  Should  proceed  or  not.  Judge  Chan- 
dler informed  them  that  if  they  had  any  real  grievances  to  complain  of  if  they  would 
Present  a  Petition  to  the  court  when  sitting  it  should  be  heard  the  Sherifif  then  gave 
the  Posse  Liberty  To  refresh  themselves  and  about  two  Houers  afterward  He 
Brought  the  said  Posse  Before  the  courthouse  again  and  then  again  Demanded 
Entrance  in  his  majesty's  Name  but  was  again  refused  in  like  manner  as  Before. 
"Whereupon  he  told  them  that  he  would  Absolutely  enter  it  Either  Quietly  or  by 
force  and  commanded  the  Posse  to  follow  close  to  him  which  they  Accordingly  Did 
and  getting  near  The  Door  he  was  struck  several  Blows  with  clubs,  which  he  had 
the  Goodness  in  General  to  fend  off  so  far  at  least  as  not  to  Receive  Any  very  Great 
Damage  but  several  of  their  clubs  striking  Him  as  ho  was  goeing  up  the  steps,  and 
The  Rioters  Persisting  in  maintaining  Their  Ground,  he  ordered  some  of  the  Posse 
to  fire,  which  they  accordingly  did.  The  Rioters  then  fought  Violently  with  their 
clubs  and  fired  some  few  fire  arms  at  the  Posse  by  which  Mr.  Justice  Butterfield 
received  a  slight  shot  in  the  arm  and  another  of  the  Posse  received  a  slight  shot  in 
the  head  with  Pistol  Bullets :  but  happily  none  of  the  Posse  were  mortally  wounded. 
Two  persons  of  the  Rioters  were  Dangerously  wounded  (one  of  whom  is  since  dead) 
and  several  others  of  the  Rioters  were  also  wounded  but  not  Dangerously  so.  Eight 
of  the  Rioters  were  taken  prisoners  (including  The  one  which  is  since  Dead)  &  the 
wounded  were  taken  care  of  by  Doct.  Day,  Doct.  Hill  and  Doct.  Chase.  The  latter  of 
which  was  immediately  sent  for  on  Purpose.  The  rest  of  the  Rioters  Dispersed 
giving  out  Threats  that  they  would  collect  all  the  force  Possible  and  would  return 
as  on  this  Day  to  revenge  themselves  on  the  Sherifi'  and  on  several  others  of  the 
Posse. 

"  This  Being  a  true  state  of  the  facts  without  the  least  Exaggeration  on  the  one 
sdde  or  Diminution  on  the  other  We  humbly  submit  to  Every  Reasonable  Inhabit- 
ant whether  his  majesty's  courts  of  Justice  the  Grand  and  only  security  For  the 
life  liberty  and  property  of  the  publick  should  Be  trampled  on  and  Destroyed 
whereby  said  persons  and  properties  of  individuals  must  at  all  times  be  exposed  to 
the  Rage  of  a  Riotous  and  Tumultuous  assembly  or  whether  it  Does  not  Behove 
Every  of  his  Majesty's  Liege  subjects  In  the  said  county  to  assemble  themselves  forth- 
with for  the  Protection  of  the  Laws  and  maintenance  of  Justice. 

"  Dated  in  open  Court  the  Day  and  Year  Aforesaid. 

"  Thomas  Chandler, 

Noah  Sabin, 

Step'h  Grcenlcaf, 

Benj'a  Butterfield, 

Bildad  Andross, 

S.  Gale,  Clk." 

The  following  account  of  the  affray  was  published  at  Salem,  Massachusetts,  in  the 
Essex  Gazette,  under  the  date  of  March  14th-21st,  1775: — 

"  We  hear  a  body  of  people  armed  with  clubs  and  some  few  fire  arms,  to  the  number 


748  HISTORY   OF   EASTERN   VERMONT. 

of  about  one  hundred,  assembled  at  Westminster  in  the  County  of  Cumberland  in 
the  province  of  New  York,  on  the  evening  of  the  13th  day  of  this  mstant,  being  the 
evening  before  the  day  of  the  sitting  of  the  Court  of  Common  Pleas  for  said  County, 
for  tlie  purpose  of  preventing  the  Courts  sitting  there,  and  took  possession  of  the 
Court  House.  The  Sheriff"  of  the  County  being  previously  advertised  of  their  design, 
raised  the  Posse  Comitatus  to  oppose  them,  and  came  up  to  the  Court  House  a  short 
time  after  the  rioters  had  seized  it  and  attempted  to  enter  the  same,  but  was  opposed 
by  them.  He  informed  the  rioters  that  the  Court  House  was  the  property  of  his 
Majesty,  and  that  he  was  the  keeper  of  it,  and  demanded  entrance  into  it,  and  ordered 
them  to  disperse,  which  they  peremptorily  refused  to  do.  Several  attempts  were  made 
by  the  Sheriff  and  the  Posse  to  enter  the  house  without  force,  which  were  resisted 
by  the  mob.  The  Sheriff  then  informed  the  rioters  that  he  was  determined  at  aJl 
events,  to  have  possession  of  the  house ;  if  he  could  not  get  it  without,  he  would  get 
it  by  force.  He  then  read  the  riot  act  to  them,  and  ordered  them  to  disperse  within 
one  hour,  and  told  tliem,  that  if  they  did  not  disperse  within  that  time,  and  cease 
their  oppositioi'';  to  his  entrance  into  tlio  Court  House,  he  would  most  certainly  order 
the  Posse  to  fire  on  them ;  to  which  they  replied,  '  Fire  and  be  damned !  If  you  do, 
the  hardest  fend  off.'  The  Sheriff  told  the  rioters  he  would  not  have  them  flatter 
themselves  that  he  would  not  fire  on  them,  for  he  was  absolutely  determined  to  do  it 
if  they  continued  obstinate.  He  then  with  his  Posse,  left  the  house  for  tlie  space  of 
about  three  hours,  during  which  time  all  possible  arguments  were  used  to  dissuade 
the  rioters  from  their  purpose,  which  they  treated  with  neglect.  They  then  sent  to 
those  of  the  Judges  of  the  Court  then  in  tlie  town,  to  know  if  they  would  treat  with 
a  committee  from  tlieir  body,  whether  the  Court  should  do  business.  The  Judges 
returned  this  answer :  That  they  could  not  treat  with  them  whether  his  Majesty's 
business  should  be  done  or  not,  but  that  if  they  thought  themselves  aggrieved  and 
would  apply  to  them  in  a  proper  way,  they  would  give  them  redress  if  it  was  iu 
their  power.  But  this  was  by  no  means  satisfactory  to  them.  At  the  expiration 
of  the  three  hours,  the  Sheriff  and  Posse  returned  to  the  Court  House  and  again 
attempted  to  enter  it,  but  were  beat  back  by  the  rioters  with  their  clubs.  He  told 
them  he  would  most  certainly  fire  on  them,  if  they  did  not  desist.  They  answered, 
'  Fire  and  be  damned  !  Fire  and  be  damned !'  The  Sheriff  then  ordered  his  men  to 
fire  upon  them,  which  they  did  and  wounded  one  mortally  (who  is  since  dead)  a)»d 
several  others  very  badly,  one  of  whom  is  thouglit  to  be  dangerous.  The  Sheriff, 
after  a  few  shots,  ordered  the  fire  to  cease,  and  his  men  to  enter  the  house  with 
clubs,  which  they  did,  when  a  stout  resistance  was  made  by  the  rioters  for  some 
time ;  but  they  were  finally  disposseased  and  nine  or  ten  of  them  taken  prisoners. 
The  rioters  fired  once  or  twice  on  the  Sheriff's  party,  but  did  no  damage.  The  next 
day  the  rioters  were  reinforced  by  a  large  number,  armed  witli  muskets,  and  being 
much  superior  to  the  Sheriffs  party,  took  him  and  about  twelve  others  and  confined 
them  in  close  gaol." 

Another  newspaper  account  was  given  by  John  Holt,  iu  his  New  York  Journal  or 
General  Advertiser,  under  date  of  Thursday,  March  23d,  1775.  It  may  be  found  in 
the  American  Arcliives,  Fourth  Series,  1775,  vol.  ii.  cols.  214,  215.  The  foUowing 
is  a  copy : 

"  On  Monday  afternoon,  expresses  arrived  in  Town  from  the  County  of  Cumber- 
land, in  this  province,  who  bring  accounts  from  thence  of  a  very  extraordinary  and 
alarming  nature.  On  the  Monday  afternoon  preceding,  Marcli  13th,  the  day  for  hold- 
ing the  luferiour  Courts,  several  rioters  and  disorderly  persons,  to  the  numlier  of 
between  80  and  90,  assembled  at  the  Court  House,  of  wliich  they  took  possession, 
with  an  avowed  intent  of  preventing  the  Court  from  being  held  the  next  day  ;  many 
of  them  had  anns,  and  those  who  were  unprovided  for,  were  collecting  both  arms 
and  ammunition  with  all  possible  dispatch.      Many  of  the  Magistrates  liaving  come 


APPENDIX   I.  f^ 

to  Town,  it  waa  thought  advisable  that  the  Sheriff  should  make  the  usual  proclama- 
tion against  riotous  assemblies,  and  demand  possession  of  the  Court  House  and  JaU ; 
which  being  refused  several  times,  about  9  o'clock  at  night  a  party  assembled  in 
order  to  disperse  the  rioters.  These  proceeded  with  the  Sheriff  and  some  magistrates 
to  the  Court  House  where  proclamation  was  again  made  by  the  Sheriff  for  the  rioters 
to  disperse,  and  sundry  attempts  were  made  to  get  in,  without  using  fire  arms,  but 
this  proving  ineffectual,  three  guns  were  fired  over  the  door  in  hopes  the  rioters 
would  be  intimidated  and  retire ;  but  so  determined  were  they  in  their  undertaking, 
that  the  fire  was  immediately  returned  from  the  Court  House,  by  which  one  of  the 
Magistrates  was  slightly  wounded,  and  another  person  shot  through  his  clothes. 
The  Magistrates  seeing  the  imminent  danger  they  were  in,  so  well  exerted  them- 
selves that  tliey  forced  the  front  door,  and  after  a  very  smart  engagement,  wherein 
one  of  the  rioters  was  killed,  and  many  persons  on  both  sides  wounded,  the  Court 
House  was  cleared,  and  proper  measures  taken  to  preserve  the  peace  for  that  night. 
The  next  morning  all  was  tumult  and  disorder.  The  Judges,  however,  opened  the 
Court  at  the  usual  hour,  and  adjourned  till  3  o'clock  in  the  afternoon ;  but  by  this 
time,  the  body  of  rioters  beginning  to  assemble  in  large  parties  from  Xew  Hampshire, 
and  places  adjacent,  and  particularly  from  Bennington,  in  the  neighboring  County  of 
Albany,  with  a  hostile  appearance,  and  the  Court  foreseeing  no  probabUity  of  being 
able  to  proceed  to  business,  adjourned  till  next  June  term.  The  body  of  rioters, 
which  soon  amounted  to  upwards  of  500,  surrounded  the  Court  House,  took  the 
Judges,  the  Justices,  the  Sheriff,  the  Clerk,  and  as  many  more  of  their  friends  as  they 
could  find,  into  close  custody,  and  sent  parties  out,  who  were  daily  returning  with 
more  prisoners.  The  roads  and  passages  were  guarded  with  armed  men,  who  indis- 
criminately laid  hold  of  all  passengers  against  whom  any  of  the  party  intimated  the 
lea^  suspicion ;  and  the  mob,  stimulated  by  their  leaders  to  the  utmost  fury  and 
revenge,  breathed  nothing  but  blood  and  slaughter  against  the  unfortunate  persona 
in  their  power.  The  only  thing  which  suspended  their  fate  was  a  difference  of 
opinion  as  to  the  manner  of  destroying  them.  And  from  the  violence  and  inlmmanity 
of  the  disposition  apparent  in  the  rioters,  it  is  greatly  to  be  feared  that  some  of  the 
worthy  men  in  confinement  will  fall  a  sacrifice  to  the  brutal  fury  of  a  band  of  ruf- 
fians, before  timely  aid  can  be  brought  to  their  assistance." 

The  annexed  extracts  from  the  Journal  of  the  New  York  Provincial  Congress 
show  that  strenuous  measures  would  have  been  adopted  by  the  Briti-sh,  to  quell  the 
insurrectionary  spirit  in  Cumberland  county,  evinced  by  the  events  of  the  13th  of 
Marcli,  had  not  more  important  scenes  demanded  the  attention  of  the  Crown. 

"Tuesday,  9  o'clock,  a.m. 

"September  12th,  1775. 

"Ordered,  That  Samuel  Wells,  Esq.,  of  Cumberland  county,  be  requested  to 
attend  before  this  Committee  of  Safety*  at  five  o'clock  this  afternoon. 

"Tuesday,  4  ho.  p.  M.  Sept.  12th,  1775. 

"  Samuel  Wells,  Esq.,  according  to  order,  attending  at  the  door  was  called  and 
examined.  Says,  '  That  no  arms  were  sent  to  Cumberland  county  by  government — 
did  hear  that  Gov.  Colden  applied  to  Gen.  Gage  for  arms,  and  heard  the  arms  came — 
but  the  affair  at  Lexington  put  an  end  to  it — of  the  £1,000  granted  for  Cumberland 
county,  £200  of  the  money  has  been  received — it  was  employed  to  remiburse  the 
aherifi'  and  Mr.  Gale,  the  expense  of  themselves  and  the  other  prisoners  and 
expresses — heard  the  arms  were  put  on  board  the  King's  Fisher — has  forgot  how  he 
heard  it,  and  does  not  know  how  they  were  dispcsed  of.' " — i.  144,  145.  See  also 
American  Archives,  Fourth  Series,  1775,  vol.  iii.  col.  890. 

*  A  Committee  of  Safety  usually  sat  during  the  recess  of  the  Provincial  Congress,  with  tempo- 
rary powers  equal  to  those  of  the  latter  body. 


750  HISTORY   OF   EASTERN   VERMONT. 

In  the  "  Records  of  DummerBton,"  reference  is  frequently  made  to  the  affray.  The 
feelings  to  which  it  gave  birth  may  be  judged  of  by  the  language  employed  in  these 
records.  In  one  instance  the  Court-house  is  styled,  "that  blood  Stained  Star- 
chamber  in  Westminster."  In  an  accouat  of  a  meeting  of  the  inhabitants  of  that 
town,  held  on  the  22d  of  August,  1775,  occurs  an  entry  which  shows  that  the  people 
of  the  county  were  engaged  in  preparing  an  elaborate  account  of  the  disturbances 
which  had  happened  in  the  month  of  March  previous.  The  entry  is  in  these  words : — 
"  Votid  that  it  tis  the  SenCe  of  this  toun  that  the  Letters  that  are  in  the  hand  of 
D'  Soloman  Har-vy  are  Not  any  EvidanCe  in  the  Case  which  the  Commite  is  Colect- 
ting  for  the  Evidance  whiCh  tha  are  to  ColeCt  is  the  Bad  ConduCt  of  the  Cort  from 
its  fust  Setting  up  the  Cort  Doun  to  the  fust  of  MarCh  Last  and  that  those  Letters 
only  Shue  that  the  Peple  ware  Displeaised  at  the  Earbitary  ConduCt  of  ofiQseirs  of 
the  Cort  and  ware  Raday  to  Rise  and  Stop  the  Cort  be  fore  that  time :  and  those 
Letters  Show  Like  wise  the  unity  of  the  People  and  purfix  the  time :  and  we  think 
it  Best  not  to  have  those  Letors  goe  to  "Westminister."  On  the  12th  of  March,  1776, 
a  meeting  was  held  at  Brattleborough  for  the  purpose  of  securing  the  punishment  of 
those  of  the  Court  party  and  Sheriffs  posse,  who  had  been  engaged  in  the  "  West- 
minster Massacre."  This  appears  by  the  following  passage  from  the  old  records 
before  mentioned.  At  a  town  meeting  held  on  the  26th  of  February,  1776,  "  Votid 
to  Send  a  man  to  Jine  the  County  Comitte  on  the  twelfth  of  marCh  at  the  hows  of  Mr- 
John  Sergants  at  Brattleborough  at  Nine  of  the  o  Clock  in  the  fore  Noon  to  Draw 
up  a  Remonstrance  to  Send  to  the  Contanalshall  Congras  at  Phile  Dalpha  Consarning 
those  that  perpatratid  the  Blody  Massecree  on  the  thurteeinth  of  march  Last." 

In  a  pamphlet  written  by  Ira  Allen,  entitled,  "Miscellaneous  Remarks  on  the 
Proceedings  of  the  State  of  New  York  against  the  State  of  Vermont,  &c.,"  and 
published  in  the  year  1777,  the  author  referring  to  the  colonial  government  of  New 
York,  observes : — "  In  open  violation  to  the  laws  of  the  crown,  the  legislative  and 
executive  powers,  assumed  to  themselves  authority  to  hold  courts :  their  conduct 
was  so  notorious  that  it  was  the  cause  of  that  odious  and  never  to  be  forgotten 
massacre  at  the  Court  House  in  said  Cumberland  County,  on  the  evening  of  the  thir- 
teenth of  March  1775,  in  which  several  persons  were  actually  murdered.  0  1  horrid 
scene !  " 

Another  pamphlet,  entitled,  "Vermont's  Appeal  to  the  Candid  and  Impartial 
World,"  the  production  of  Stephen  Row  Bradley  of  Westminster,  which  was 
published  early  in  the  year  1780,  contains  an  allusion  to  the  events  under  considera- 
tion in  these  words: — "But  above  all,  have  they  [the  people  of  Vermont]  suffered, 
from  the  cruelty  of  Great  Britain  and  her  emissaries. — For  the  truth  of  these  things 
we  can  appeal  to  many  undeniable  facts.  So  late  as  March,  1775,  previous  to  the 
battle  of  Lexington,  the  judges  of  New  York,  were  led  in  fetters  of  iron,  within  the 
gates  of  their  own  city,  for  shedding  innocent  blood  at  Westminster,  in  murderously 
Attempting  to  enforce  the  laws  of  that  province  upon  the  people  of  Vermont." 

Six  years  after  the  affray,  on  the  election  of  certain  men  to  civil  offices  in  Wind- 
ham county,  who  previous  to  the  Revolution  had  been  obnoxious  to  the  mass  of  the 
people,  some  of  the  inhabitants  of  Rockingham  requested  the  Governor  and  Council 
of  the  state  to  keep  back  their  commissions,  inasmuch  as  they  were  "  known  Ene- 
mies to  this  and  the  United  States."  In  proof  of  this  charge  they  declared  that  these 
men  had  been  "  active  and  accessory  to  the  shedding  the  first  Blood  that  was  shed 
in  America  to  support  Brittanic  Government,  at  the  Horrid  and  Never  to  be  forGot 
Massacre  Committed  at  Westminister  Cortt  House  on  the  Night  of  the  13th  of  March, 
1775.     0  horred  Cean  [scene]." 

In  the  year  1781,  Vermont  increased  her  territory,  by  admitting  within  her  juris- 

"  dictional  Umits  thirty-five  towns  which  had  seceded  from  the  government  of  New 

Hampshire.     This  movement  aroused  the  apprehensions  of  the  people  of  the  latter 


APPENDIX   I.  751 

state,  and  strenuous  attempts  were  made  to  recover  the  seceding  towns.  Among 
the  memorials  prepared  by  the  citizens  of  New  Hampsliire  on  this  subject,  was  one, 
entitled,  "  An  address  to  the  people  of  New  Hampshire,  and  of  the  other  United 
States."  In  this  paper  the  events  connected  with  the  "  "Westminster  Massacre"  were 
referred  to  as  follows : — 

"  The  Inhabitants  of  a  certain  Tract  of  Land  west  of  Connecticut  River,  commonly 
known  by  the  name  of  the  New  Hampshire  Grants,  being  by  the  order  of  the  King 
of  Britain  in  Council,  annexed  to  the  Province  of  New  York,  and  put  under  that 
government,  did  so  continue,  not  without  some  uneasiness,  chiefly  iu  the  Western 
part  of  sd  Territory,  until  the  March  1775,  preceding  the  ever  memorable  commence- 
ment of  Hostilities  between  us  and  Britain  at  Lexington ;  where  some  Persons  dis- 
aflected  to  the  New  York  Government,  attempting  to  break  up  the  court  at  "West- 
minster, one  of  their  number  being  slain  and  another  mortally  wounded  by  the 
Sheriff  and  his  Posse,  in  his  endeavors  to  Suppress  the  insurgents,  that  unhappy 
event  so  occasioned  the  addition  of  Spirit  and  numbers  to  the  opposers  of  that 
Government  as  enabled  them  to  effect  their  design.  The  People  concerned  in  that 
transaction.  Supposed  themselves  to  be  engaged  in  the  Common  cause  of  the  Colonies, 
and  generally  expected  the  Court  party  to  be  opposed  to  the  same,  and  as  many  of 
them  afterwards  either  from  principle  or  by  reason  of  what  they  esteemed  persecu- 
tion, proved  to  be  Tories,  this  served  to  give  a  more  plausible  colouring  to  the  truth 
of  the  above  supposition.  In  addition  to  the  Name  of  Tories  which  the  generality 
of  the  Court  supporters  had  obtained,  the  Title  of  Yorkers  was  joined,  and  to  serve 
a  turn  were  made  synonymous.  The  other  part  of  the  People  under  the  direction 
of  some  warm  Leaders  alwaj's  inimical  to  New  York,  taking  advantage  of  the  times 
when  this  and  York  state  who  each  had  claims  of  Jurisdiction  over  them,  were  busily 
engaged  against  the  common  Enemy,  did  erect  themselves  into  an  Independent  State 
by  the  name  of  Vermont.  The  Yorkers  were  pretty  generally  deniers  of  the  pre- 
tended authority  of  said  Vermont  State  and  acted  as  they  were  able  under  the 
Government  of  New  York. 

"  The  principal  and  most  zealous  promoters  of  this  Union  [the  union  of  the  New 
Hampshire  towns  with  Vermont],  are  the  Yorkers  on  the  other  side,  with  the  Tories 
on  this  side  of  the  river,  together  with  many  of  those  who  formerly  persecuted  the 
former  mentioned  persons  as  Murderers  and  enemies  to  their  Country.  Men  put  and 
now  lying  under  bonds,  others  subjected  to  imprisonment  and  confinement  with  their 
judges  and  witnesses  against  them,  are  now  preferred  to  the  first  ofiSces  of  Govern- 
ment. The  former  not  retracting  or  professing  a  change  of  Sentiments  as  to  the 
justice  of  our  common  cause,  but  rather  avowing  their  opinion  to  be  right  that  our 
cause  is  not  good,  and  consider  in  the  conduct  of  people  towards  them  in  their 
present  preferment  as  a  compensation  for  their  former  ill  treatment  for  acting  the 
part  of  honest  men  in  refusing  to  follow  the  multitude  in  what  they  thought  and  still 
think  not  right. 

"  On  the  other  side  of  the  River  the  authority  departuig  from  their  Constitution 
(not  the  first  time)  to  the  infringement  of  the  Freedom  of  Election  did  in  print  nomi- 
nate to  the  choice  of  the  Counties  for  civil  officers,  if  not  Mihtary  also,  men  by  them 
before  esteemed  (being  Yorkers)  enemies  to  their  Coimtry,  nay  Murderers  for  being 
concerned  in  the  "Westminster  affray." 

In  his  "Descriptive  Sketch"  of  Vermont,  pubhshed  in  1797,  Dr.  John  Andrew 
Graham  has,  with  his  usual  inaccuracy  and  superficialness,  recounted  the  events  of 
the  affray  in  these  words: — 

"  "W'estminster  is  a  delightful  place,  and  contains  several  superb  houses.  Here 
were  formerly  held  the  Courts  of  Judicature,  under  the  State  of  New  York,  but  the 
settlers,  in  March,  1775,  were  so  highly  exasperated  at  the  oppressive  conduct  and 
insolence  of  the  Governor  of  that  State,  and  his  junto  of  land-jobbers,  that  they 


752  HISTORY    OF   EASTERN   VERMONT. 

assembled  in  arms,  stopped  the  Court  from  sitting,  drove  them  from  tlieir  territory, 
and  would  never  after  suffer  the  Government  of  New  York  to  have  the  slightest 
jurisdiction  over  them." — p.  107. 

Ira  Allen,  in  a  pretentious  volume,  entitled,  "  The  Natural  and  Political  History 
of  the  State  of  Vermont,"  &c.,  pubhshed  in  1798,  has  disposed  of  the  "Westminster 
Massacre  "  in  a  summary  manner. 

"In  March,  1775,  an  attempt  was  made  to  hold  a  court  of  justice  at  Westminster, 
in  the  county  of  Cumberland,  which  was  prevented  by  the  people,  who  had  early 
taken  possession  of  the  Court-house,  and  the  Judges  were  refused  entrance  at  the 
usual  hour  when  the  Courts  were  opened ;  therefore  they  and  the  officers  of  the 
Court  retired,  until  about  eleven  o'clock  at  night,  when  they  returned,  and  were 
again  refused  admittance ;  whereupon  they  fired  into  the  house,  and  killed  one  man 
and  wounded  several.  This  inflamed  the  minds  of  the  people  to  a  high  degree,  who 
next  day  flocked  from  every  part  of  the  county ;  a  coroner's  inquest  sat  on  the  body, 
and  brought  in  a  verdict  that  the  man  was  wilfully  murdered  by  the  Court  party 
some  of  whom  they  seized,  and  sent  to  Northampton  gaol  in  Massachusetts,  but  who, 
were  released  on  application  to  the  Chief  Justice  of  New  York." — pp.  55,  56. 

The  epitome  of  the  transactions  connected  with  the  13th  of  March,  1775,  as  given 
by  the  Rev.  Hosea  Beckley,  in  a  little  work  called,  "  The  History  of  Vermont," 
resembles  the  citations  from  Graham  and  Allen.  Of  the  person  who  was  killed  on 
this  occasion,  Mr.  Beckley  observes : — "  His  name  was  William  French,  of  Brattle- 
borough  ;  where  and  in  Dummerston  branches  of  his  family  have  since  resided  in 
respectable  standing;  and  from  which  several  enterprising  individuals  have  gone 
forth  into  the  Union ;  and  one,  a  missionary  under  the  American  Board,  to  Asia." — 
pp.  70,  99. 

In  an  anonymous  ballad  published  in  the  year  1779,  the  original  of  which  is  now  in 
the  possession  of  Frank  Moore,  Esq.,  the  genial  editor  of  the  "  Songs  and  Ballads  of 
the  American  Revolution,"  reference  is  made  to  the  death  of  William  French.  The 
stanza  in  which  the  allusion  occurs  and  the  note  of  illustration  accompanying  it,  are 
in  these  words : — 

"But  Vengeance  let  us  Wreak,  my  Boys, 
For  Matron,  Maid,  and  Spinster : 
Whose  joys  are  fled,  whose  Homes  are  sad, 
For  the  Youth*  of  Ked  Westminster." 

Although  the  courts  in  Cumberland  county  were  badly  managed  in  many  instan. 
ces,  previous  to  the  time  when  they  were  stopped,  yet  the  administration  of  justice 
in  this  portion  of  the  province  of  New  York  was  not  wholly  neglected  by  the  pro- 
vincial judges.  There  is  still  extant  an  affidavit  of  Richard  Morris,  clerk  of  the 
court  of  Oyer  and  Terminer  and  General  Gaol  Delivery  in  the  province  of  New 
York,  dated  the  26th  of  August,  1774,  in  which  that .  gentleman  testified  before 
Lieut.-Gov.  Cadwallader  Colden,  that  the  Hon.  Robert  R.  Livingston,  one  of  the 
judges  of  the  Supreme  Court  of  judicature  for  the  province  of  New  York,  attended 
the  session  of  the  court  of  Oyer  and  Terminer  and  General  Gaol  Delivery,  held  at 
Westminster  in  July,  1774. 

In'the  east  parish  of  Westminster,  "  the  Liberty  men  "  were  few  and  far  between. 
In  the  west  parish,  the  majority  of  the  inhabitants  were  "  pure  Whigs."  The  men 
who  served  under  Capt.  Azariah  Wright  on  the  13th  of  March,  were  mostly  from 
the  latter  parish.  Captain  Wright's  company  was  organized  between  the  years  1768 
and  1770.     It  is  not  known  whence  he  obtained  his  captaincy,  but  it  is  evident  that 

♦  "A  young  man  who  was  killed  by  the  Tories,  near  the  Great  Falls  of  the  river  Connecticut, 
tn  the  spring  of  the  year  1775." 


APPENDIX   I.  753 

his  force  at  the  time  of  the  outbreak,  was  of  the  people  and  supported  the  people's 
cause.  For  several  years  he  had  been  accustomed  to  call  his  company  together  for 
drill,  at  his  own  house,  and  if  the  policy  of  the  Whigs  had  not  interdicted  the  use  of 
fire  arms,  his  men  would  have  evinced  their  skill  as  marksmen  in  such  a  manner  a« 
would  have  caused  no  discredit  to  their  leader.  As  far  as  can  now  be  ascertained, 
the  organization  of  the  company  was  as  follows : — Captain,  Azariah  "Wright ;  Lieu- 
tenant, Jabez  Perry;  First  Sergeant,  Simeon  Burke-  Second  Sergeant,  Jesse 
Burke. 

PRIVATES. 

Jacob  Albee,  Francis  Holden, 

John  Albee,  John  Holt, 

Lemuel  Ames,  Ichabod  Ide, 

Asa  Averill,  Israel  Ide, 

John  Averill,  Joseph  Ide, 

Thomas  Averill,  Robert  Miller, 

Jabez  Bates,  John  Petty, 

Silas  Burke,  Atwater  Phippen, 

Atherton  Chaffee,  Joseph  Phippen. 

Andrew  Crook,  Samuel  Phippen, 

Robert  Crook,  Robert  Rand, 

"William  Crook,  James  Richardson, 

David  Daley,  Nathaniel  Robertson, 

Jonathan  Fuller,  Reuben  Robertson, 

Seth  Goold,  Edmund  Shipman, 

"William  Goold,  Jehiel  "Webb, 
John  "Wells. 

The  ofiScers  of  the  Rockingham  company  were,  as  far  as  remembered,  Captain, 
Stephen  Sargeant ;  Lieutenant,  Philip  Safford ;  Surgeon,  Reuben  Jones.  Nothing 
is  known  of  the  organization  of  the  companies  from  Guilford  or  "Walpole.  It  had 
long  been  the  custom  of  Judge  Thomas  Chandler,  to  procure  commissions  of  one 
kind  and  another  from  New  York,  and  bestow  them  on  such  as  he  favored.  In  this 
way  several  military  officers  had  been  appointed  in  different  parts  of  the  county. 
Those  persons  in  Westminster  who  had  obtained  the  titles  which  they  bore  in  this 
manner,  were  Major  John  Norton,  Captain  Benjamin  Burt,  Lieutenant  Medad 
Wright,  and  Ensign  WiUiam  Willard,  but  it  is  behoved  that  no  company  was  ever 
organized  under  these  officers. 

The  manner  in  which  the  Court  party  treated  the  "  rioters  "  on  the  night  of  the 
affray,  was  to  the  former  an  especial  topic  of  congratulation  among  themselves.  One 
of  them,  William  Willard,  a  justice  of  the  peace,  even  while  a  prisoner  in  the  Court- 
house, " made  a  brag  that  he  struck  French"  and  knocked  him  down.  After  his 
enlargement,  he  went  to  New  York,  and  on  his  return,  appeared  in  a  new  suit  of 
clothes,  which,  it  was  said,  had  been  given  him  by  the  Lieutenant  Governor,  in 
acknowledgment  of  his  valiant  conduct.  He  died  at  Brattleborough.  In  his  last 
days  he  was  insane,  and  his  final  sickness,  being  hemorrhagic  in  its  character,  was 
regarded  by  the  old  people  as  a  judgment  upon  him  from  God,  for  the  part  he  had 
taken  in  shedding  the  blood  of  French. 

A  door  of  the  old  Court-house,  which  was  perforated  by  a  bullet  on  the  memor- 
able night  of  the  rencontre,  was  for  many  years  preserved  by  a  citizen  of  Westminster 
and  did  him  good  service  as  a  door  in  his  own  dwelling. 

Concerning  Dr.  Reuben  Jones  who  acted  so  prominent  a  part  among  the  Whigs, 

48 


754  HISTORY   OF   EASTERN   VERMONT. 

but  little  is  known.  That  he  was  a  man  of  intelligence,  is  proved  by  his  "  Relation 
of  the  proceedings  of  the  people  of  the  County  of  Cumberland,  and  Province  of  New 
York,"  which  has  been  already  referred  to.  At  the  meeting  held  at  "Westminster  on 
the  11th  of  April,  1775,  for  the  purpose  of  devising  means  to  resist  the  progress  of 
oppression.  Dr.  Jones  served  as  clerk.  On  account  of  his  facility  in  composition  and 
his  general  accuracy,  he  was  often  chosen  to  similar  positions  on  more  important 
occasions.  He  was  the  delegate  from  Rockingham  in  the  convention  held  at  Dorset 
on  the  25th  of  September,  1776,  and  represented  the  former  town  in  the  G-eneral 
Assembly  of  Vermont  during  the  sessions  of  1778,  1779,  and  1780.  He  then 
removed  to  Chester,  and  in  1781  was  the  representative  from  that  town  in  the  Gene- 
ral Assembly.  Like  many  of  the  early  settlers  of  Vermont,  he  became  involved  in 
debt.  Having  been  seized  in  New  Hampshire,  at  the  instance  of  an  inhabitant  of 
that  state,  he  was  confined  in  the  jaQ  of  Cheshire  county,  during  a  part  of  the  sum- 
mer of  1785.  On  the  16th  of  August,  in  that  year,  he  effected  his  escape  from  pri- 
son. On  the  22d,  a  warrant  was  issued  by  Simeon  Olcott,  a  justice  of  the  peace  for 
Cheshire  county,  directmg  his  arrest  if  found  vrithin  the  bailiwick  of  the  sheriff  of 
that  county.  To  evade  the  officers  of  the  law,  Dr.  Jones  repaired  to  Vermont. 
Simon  Stevens,  a  justice  of  the  peace  for  Windsor  county,  issued  an  order  for  his 
arrest  on  the  27th,  and  on  the  29th  the  unfortunate  physician  was  taken  at  Chester 
by  John  Griswold  of  Springfield.  But  even  now  his  friends  did  not  desert  him. 
As  Griswold  was  taking  Mm  off,  John  Caryl  and  Amos  Fisher,  citizens  of  Ches- 
ter, made  an  attack  upon  the  officer,  and  delivered  Dr.  Jones  from  his  hands.  At 
the  session  of  the  Supreme  court  held  at  "Windsor,  "  on  the  second  Tuesday,  next 
following  the  fourth  Tuesday  of  August,"  1785,  the  grand  jurors  found  a  true  bill 
against  the  Doctor  and  his  two  friends  for  resistmg  an  officer,  but  the  result  of  the 
trial  which  followed  does  not  appear. 

It  may  not  be  generally  known  that  an  attempt  has  already  been  made,  by  many 
of  the  most  distinguished  and  patriotic  citizens  of  Vermont,  to  obtain  from  the  Legisla- 
ture of  that  state  an  appropriation  for  the  purpose  of  erecting  a  monument  to  the 
memory  of  "Wilham  French.  At  the  session  in  1852,  the  following  petition  was 
read  in  the  house : — 

"  To  the  General  Assembly  of  the  State  of  Vermont : 

"  The  undersigned  citizens  of  this  State,  beUeving  that  it  is  not  only  a  duty,  but 
inseparable  from  the  love  of  country  and  the  support  of  free  institutions,  to  cherish 
the  memory  of  those  who,  on  momentous  occasions,  have  offered  up  their  lives  for  the 
public  good,  beg  leave  to  call  the  attention  of  the  Legislature  to  the  perishing  state 
of  the  memorial  erected  at  "Westminster,  in  1775,  over  the  body  of  "William  French, 
the  proto- martyr  of  Vermont  independence,  if  not  that  of  America.  "We  think  that 
there  is  a  turning  point  in  every  revolution,  giving  it  a  fixed  and  decisive  character, 
namely,  the  first  resistance  unto  blood ;  and  it  is  almost  needless  to  say  with  what 
spirit  and  patriotism  this  was  done  by  the  young  man  just  mentioned,  or  what  an 
immense  impulse  was  given  by  his  devoted  sacrifice  to  the  follower^  of  Chittenden, 
Allen,  and  "Warner,  resulting  at  last  in  the  freedom  and  independence  of  the  State  of 
Vermont.  The  monument  of  orumbling  slate,  with  its  rude  but  emphatic  inscription, 
erected  by  what  we  may  now  call  the  pious  hands  of  the  men  of  those  days,  is  now 
fast  perishing  away,  and,  unless  some  steps  are  taken  to  save  it,  will  soon  wholly 
disappear.  Feeling  that  this  ought  not  to  be,  and  that  the  duty  of  preventing  it  will 
be  performed  in  a  more  honorable  and  un  posing  manner,  and  be  much  more  indicative 
of  the  spirit  of  our  whole  people,  if  done  by  the  State,  we  venture  to  pray  that  such 
means  maybe  taken  by  the  Legislature  as  are  most  meet  and  proper  for  that  purpose." 

To  this  petition  were  appended  the  names  of  Charles  K.  "WilUams,  "William  C. 


APPENDIX   J.  755 

Bradley,  Carlog  Coolidge,  Daniel  Kellogg,  Jacob  CoUamer,  Charles  K.  Field,  and  fifty- 
seven  other  persons,  together  with  the  names  of  eighteen  of  the  relatives  of  William 
French.  The  subject  was  referred  to  a  select  committee,  composed  of  George  W. 
Grandey,  George  Lyman,  Jarvis  F.  Burrows,  Hiram  Ford,  and  Thomas  Browning. 
A  very  able  report,  favorable  to  the  request  of  the  petitioners,  and  containing  much 
historical  information  of  value,  was  prepared  by  these  gentlemen,  and  presented  to 
the  House  on  the  9th  of  November.  At  the  same  time  they  reported  the  following 
bill,  and  respectfully  recommended  its  passage: — 

"  An  Act  making  an  appropriation  for  a  Monument  to  "William  French. 

"  It  is  hereby  enacted  by  the  General  Assembly  of  the  State  of  Vermont,  as 
follows : 

"  Section  1.  A  sum  not  exceeding  twenty-five  hundred  dollars  is  hereby  appro- 
priated, to  be  expended  under  the  direction  of  the  Governor,  in  the  erection  of  a 
granite  Monument  over  the  grave  of  William  French,  at  Westminster;  and  the 
Auditor  of  Accounts  is  directed  to  audit  the  accounts  of  the  Governor  for  the  expen- 
diture herein  provided,  and  draw  orders  on  the  Treasurer  of  the  State  for  the  same. 

"  Section  2.  This  act  shall  take  efiect  fi-om  its  passage." 

The  petition,  report,  and  bill  were  laid  on  the  table,  and  the  clerk  was  "ordered 
to  procure  the  printing  of  five  hundred  copies  for  the  use  of  the  house."  On  its 
introduction  subsequently,  the  bill  was  advocated  by  the  Hon.  WiUiam  C.  Bradley, 
of  Westminster,  in  a  speech  replete  witli  patriotic  sentiments,  forcible  arguments 
and  historic  facts  of  the  most  interesting  character.  To  the  great  regret  of  a  very 
large  minority  the  bill  was  defeated  by  a  few  votes,  on  its  third  reading. 


APPENDIX  J. 

OPINIONS  EESPECTTNa  A  SEPARATION  FEOM  NEW  YORK. 

Referred  to  on  p.  325. 

The  annexed  report,  prepared  by  the  committees  of  Cumberland  county,  and 
which  forms  the  basis  of  the  abstract  given  in  the  text,  is  taken  fi-om  the  MS. 
George  Chnton  Papers,  in  N.  T.  State  Lib.,  vol.  v.  doc.  1645. 

"  Copies  of  Returns  made  by  Committees  of  Sundry  Towns  in  the  County  of 
Cumberland  of  the  Number  of  Inhabitants  in  their  Towns,  and  an  account  of  their 
Principles,  so  far  as  respects  a  separation  from  New  York. 

"  Those  in  Hinsdale  that  are  for  the  State  of  New  York,  11th  August  1778, 

are  in  number  ......        .39 

"For  the  State  of  Vermont         .  .  .  .  l 

"Neuters  ......         2 

"Total      .....        42 

"The  Town  of  Guilford  did  not  make  a  Return,  but  they  reckon  53  Voters  for 
New  York,  not  so  many  for  Vermont,  and  a  number  of  Neuters. 

"In  Halifax,   For  New  York,  August  11,  1778  .  .        63 

"For  Vermont       .....        36 
"Neuters  .  .  .  .  .  .20 

"Total 119 


756  HISTORY   OF   EASTERN   VERMONT. 

"  The  Number  of  Voters  in  Brattleborough  who  dissent  from  the  pre- 
tended State  of  Vermont,  August  11,  1  ITS  .  ,  .     165 
"  Number  who  are  for  Vermont  ....         1 

"Total        .  .  .  .  .166 

"  The  Town  of  Marlborough  sent  a  Representative  to  y^  first  Session  of  Assembly 
for  Vermont,  but  have  lately  as  a  Town,  Voted  not  to  intermeddle  further  in  the 
Dispute  until  Congress  shall  declare  their  sense  upon  the  matter. 

"In  "Wilmington  (or  Draper)  for  New  York,  August  7,  1178  .  .         12 

"  For  Vermont   ......         15 

"Neuters  ......  8 

"Total      .....         35 

"  From  Fulham,  no  Return  is  yet  made,  but  upon  a  Division  of  the  Town,  y« 
major  part  were  against  Vermont,  y«  chief  of  which  are  also  against  New  York. 

"  From  New  Fane,  no  Return  made,  but  y«  Inhabitants  being  about  equally 
divided,  have  come  to  some  agreement  of  neutrality. 

"  The  Account  and  Number  of  the  Inhabitants  of  the  Town  of  Putney  fi-om  the 
age  of  16  and  upwards,  taken  the  10th  of  August,  1778,  [is]  as  followeth: 
"  Men  of  Age  that  signed  to  continue  under  the  State  of  New  York,  in 

Number  .......        69 

"  The  account  of  those  of  the  Inhabitants  that  have  signed  and  sworn  to 

the  State  of  Vermont,  is  .    «        .  .  .  .26 

"  The  Remaining  part  of  the  Inhabitants  of  Age  and  under  Age,  are  .         41 

"Total      .....       136 
"  Taken  by  us,  the  Subscribers,  as  Committeemen  for  y*  said  Town  of  Putney. 

"  James  Clay,  Samuel  Minott. 

"  "Westminster  sent  no  Return  ;  is  about  equally  divided — the  Number  of 

Voters  for  New  York  about  .  .  .  .40 

"  Rockingham  Committee  did  not  come  or  send. 


"  In  Springfield,  For  New  York 
"  For  Vermont 
"  Neuters 


"  Total 


"la  "Weathersfield,  For  New  York , 
"  For  Vermont 


'Total 


21 

19 

4 

44 

11 
12 

23 


"  No  Towns  Higher  up  the  River  have  chosen  Committees  for  the  Purpose  of 
opposing  the  pretended  State  of  Vermont." 

Another  calculation  as  to  the  numerical  strength  of  the  Yorkers  in  Cumberland 
county,  may  be  stated  as  follows.  "When  in  the  month  of  July,  in  the  year  1780,  a 
company  of  fifty  men  was  formed  in  Cumberland  county,  by  the  advice  of  Governor 
CUnton,  for  the  continental  service,  every  twelfth  or  thirteenth  person  of  those 
required  to  bear  arms,  was  drafted  for  that  purpose.  The  number  of  Yorkers, 
therefore,  between  the  ages  of  sixteen  and  sixty,  must  at  that  time  have  amounted 
to  more  than  six  hundred. — See  George  Clinton  Papers  in  N.  Y.  State  Lib.,  vol.  x. 
doc.  3081. 


APPENDIX   K. 


757 


APPENDIX  K. 

THE  EJECOMPENSE  IN  LANDS. 

Referred  to  on  p.  546. 


No.  of 
Lot. 

Name  of  Grantee. 

Part  of 
Lot 

No. 
of  Acres. 

"When  Granted. 

35 

Timothy  Church,     . 

whole 

640 

July  11th,  1786 

36 

"William  Shattuck,   . 

i( 

640 

(1        11       II 

37 

Hezekiah  StoweU,   . 

u 

640 

(1        ((       (I 

38  1 

Joseph  Wells, 

1st 

360 

II        II       i< 

Asa  Parker,     . 

2d 

280 

II               l<             u 

39  1 

James  Davidson, 

1st 

500 

<l          11          II 

James  "Wallace, 

2d 

140 

<l          II         II 

40 

David  Thurber, 

whole 

640 

<i           (1          a 

' 

Shubael  Bullock,     . 

1st 

90 

II           II          <i 

Daniel  "Wilkins  Jr., . 

2d 

90 

<l               II             u 

41- 

Paul  Nichols,  . 

3d 

140 

II           II          II 

Cyril  Carpenter, 

4th 

220 

II           <i          II 

Henry  Evans  Jr.,    . 

5th 

100 

II           II          II 

«.; 

Nathan  Avery, 

1st 

132 

II           II          ti 

Charles  Phelps, 

2d 

508 

(1               CI             « 

Rutherford  Hays,     . 

1st 

180 

September  14th  1786 

43- 

James  Stewart, 

2d 

100 

11                 a          a 

Ebenezer  Roberts,  . 

3d 

180 

II                a         II 

John  Sherburne, 

4th 

180 

a                a         II 

44J 

Jonathan  Dunkley, 

1st 

175 

July  11th,  1786 

Elijah  Prouty, 

2d 

465 

a          a          11 

45 

Philip  Frisbee  and  others 

) 

whole 

640 

February  26th,  1793 

Joshua  Lynd, 

1st 

180 

September  14th,  1786 

46^ 

Zephaniah  Shepardson, 

2d 

100 

II            11       11 

Giles  Roberts, 

3d 

180 

a                a          a 

Lemuel  Lynd, 

4th 

180 

a               a         a 

47 

Timothy  Church, 

whole 

640 

July  11th,  1786 

( 

Jolm  Olden,    . 

1st 

160 

a          a         II 

48  ■] 

Seth  Clark,      . 

2d 

160 

a          a         a 

( 

James  Packer, 

3d 

320 

a          a         CI 

49  j 

David  Goodenough, 

1st 

340 

cc          a         cc 

Edward  Carpenter, . 

2d 

300 

a          cc         a 

50 

Gospel  and  Schools, 

whole 

640 

April  6th,  1786 

51 

For  Promoting  Literature 

I 

" 

640 

CI         a         II 

52 

Francis  Prouty, 

II 

640 

July  11th,  1786 

53 

"William  Shattuck,  . 

II 

640 

II        11       11 

54 

Setii  Smith,     . 

II 

640 

September  12th,  1786 

( 

Newell  Earl,   . 

1st 

200 

July  11th,  1786 

55] 

Josepli  Coleman,     . 

2d 

240 

a          a         cc 

iJosiah  Rice,     . 

3d 

200 

II          a         II 

(  Edmund  Bemus, 

1st 

220 

a           a          a 

56-{  iDavidTlmrber  Jr.,  . 

2d 

200 

a           cc          cc 

i 

Asa  Stowell,   . 

3d 

220 

a          a         a 

Joseph  "Whipple,     . 

1st 

180 

a          (c         cc 

57^ 

Dean  Chase,    . 

2d 

100 

CI           cc           l( 

Daniel  Whitney, 

3d 

180 

a          a         cc 

■ 

Artemas  Goodenough,     . 

4th 

180 

a          (c         cc 

T58 


mSTOKY   OF   EASTERN   VEKMONT. 


No.  of 
Lot. 

Name  of  Grantee. 

Part  of 
Lot, 

No. 
of  Acres. 

When  Granted, 

r 

Reuben  Smith, 

1st 

170 

July  11th,  1786 

58- 

Ephraim  Knapp, 

2d 

100 

11               U             11 

Axtemas  How, 

3d 

200 

11          11         11 

David  How,    .... 

4th 

170 

11          11          11 

( 

Samuel  Curtis, 

1st 

180 

11         II        11 

59  •{ 

John  Gault,    .... 

2d 

280 

11          11         11 

( 

Hale  SaUsbury, 

3d 

180 

11         11        (1 

60 

Timothy  Church,     . 

whole 

640 

11         11        11 

61 

Philip  Frisbee  and  others, 

u 

640 

February  26th,  1793 

( 

Amos  Taw  Jr.,       .        . 

1st 

214 

July  11th,  1786 

62-^ 

Nathan  Culver, 

2d 

212 

11        11       11 

( 

Ichabod  Packer, 

3d 

214 

11          11          u 

63  1 

Samuel  Clark, 

1st 

180 

((         11        11 

Hezekiah  Stowell,  . 

2d 

200 

11               11             u 

Orlando  Bridgman, . 

3d 

260 

11          11          11 

" 

John  Adams,  .... 

1st 

160 

It               U             11 

64- 

Jonathan  Stoddard  Jr.,    . 

2d 

160 

11         11        11 

Benjamin  Ballow,    . 

3d 

160 

((         11        11 

Charles  Packer, 

4th 

160 

11          It         11 

65 

Wilham  Shattuck,  . 

whole 

640 

u          (1         u 

66- 

OUver  Teall,    .... 

1st 

260 

11            11           u 

Joseph  Chamberlain, 

2d 

380 

11          11         11 

■ 

Jonathan  Church,    . 

1st 

217 

<l          11          11 

67. 

Joseph  Shepardson, 

2d 

263 

11          ((         11 

John  Collins,  .... 

3d 

160 

It          (1         II 

68 

Joseph  Peck,  .... 

whole 

640 

II          II          It 

' 

Asa  Clark,       .... 

1st 

97 

It          It         It 

69] 

Matthew  EUis, 

2d 

97 

11          11         11 

Ithamar  Goodenough, 

3d 

96 

It          II          It 

Asaph  Carpenter,    . 

4th 

350 

It         It         11 

( 

John  Burrows, 

1st 

180 

11         11         It 

10-^ 

Tunothy  Phelps,      . 

2d 

280 

11          II          11 

I 

Samuel  Cudworth,  . 

3d 

180 

11         It         11 

71 

Timothy  Church,     . 

whole 

640 

II         It        II 

' 

Joshua  Nurse, 

1st 

77  0  30 

September  12th,  1786 

72J 

Simon  Calkins, 

2d 

96  1  25 

11           It       11 

Jotham  Spaulding,  . 

3d 

96  1  25 

11           (1       It 

Seth  Smith,     .... 

4th 

347  0  10 

11           11       It 

73 

Henry  Evans, 

whole 

640 

July  11th,  1786 

( 

Noah  Shepardson,  . 

1st 

90 

11        It       It 

74^ 

Joel  Bigelow,  .... 

2d 

350 

II        II       11 

/ 

Joshua  Nurse, 

3d 

200 

11        11       11 

75] 

Thomas  Baker, 

1st 

260 

March  20th,  1788 

Samuel  Bixby, 

2d 

380 

It         It       11 

76] 

Amariah  Parks, 

1st 

92  0  30 

September  14th,  1786 

Israel  Smith,  .... 

2d 

497  3  10 

11            It       It 

( 

John  Alexander,     . 

1st 

280 

July  11th,  1786 

77^ 

Reuben  Church, 

2d 

180 

11                U               11 

( 

Isaac  Crosby,  .... 

3d 

180 

11          11         11 

78 

William  Shattuck,  . 

whole 

640 

11          11         11 

79 

Henry  Evans, 

11 

640 

11         It        11 

80 

Henry  Evans, 

William  Guthrie,     .         .        ^ 

11 

640 

11          11         11 

H 

William  Guthrie  Jr.,        .         I 
Reuben  Kirby,         .         .        ) 

(( 

640 

March  20th,  1788 

82 

William  Shattuck,  . 

II 

040 

July  11th,  1786 

83 

WUliam  White, 

11 

640 

a           11          11 

APPENDIX   K. 


Yo9 


No.  of 
Lot. 

Name  of  Grantee. 

Part  of 
Lot. 

No. 
of  Acres. 

When  Granted. 

84 

Timothy  Church,     , 

whole 

640 

July  11th,  1786 

' 

Francis  Comins, 

1st 

128 

September  12tli,  1786 

85- 

James  Comins, 

2d 

256 

U                        lA              H 

James  Comins  Jr.,  . 

3d 

128 

l(                        It              1( 

William  Pierce, 

4th 

128 

(t                        <(               If 

86- 

Francis  Prouty, 

Ist 

540 

July  11th,  1786 

Isaac  Kendall, 

2d 

100 

(1              U             11 

87  i 

Abraham  Avery,     . 

1st 

430 

a          t(         <i 

«7| 

William  Gault, 

2d 

210 

II          II         It 

88 

Daniel  Ashcraft, 

whole 

640 

U              II             II 

( 

Jacob  Stoddard, 

1st 

170 

11          II         II 

89-^ 

David  Lamb,  . 

2d 

300 

CI               II             l( 

( 

Samuel  Earl,  . 

3d 

170 

11          II         II 

90 

Timothy  Church,     . 

whole 

640 

II          11         II 

( 

Adonijah  Putnam,  . 

1st 

212 

II          11         11 

91^ 

Thomas  Whipple,    . 

2d 

214 

11         11        11 

( 

Samuel  Noble, 

3d 

214 

II          11         11 

( 

Amos  Taw,     . 

1st 

193  3  27i 

II         11        11 

92 -J 

Eleazer  Tobe, . 

2d 

193  3  T[\ 

II          II         11 

( 

David  Culver, 

3d 

203  0  25 

II          11         II 

' 

Elijah  Curtis,  . 

1st 

180 

11         11        II 

93- 

Elijah  Clark,    . 

2d 

100 

11          11         11 

Caleb  Ellis,     . 

3d 

180 

11         II        II 

Isaac  Slater,    . 

4th 

180 

II          II         11 

( 

Jonathan  Stoddard, 

1st 

200 

11          II         11 

94-^ 

David  Thurber  Jr.,  . 

2d 

200 

11         11        11 

/ 

Caleb  Nurse,   . 

3d 

240 

II          II         11 

( 

Moses  Taw,    . 

1st 

180 

II          11         11 

95-] 

Israel  Field,    . 

2d 

180 

11         11        II 

( 

Daniel  Shepardson,  . 

3d 

280 

I(          11         l( 

f 

Jotham  Bigelow,     . 

1st 

168 

11         II        11 

96-^ 

Nathaniel  Carpenter, 

2d 

263 

II         II        It 

/ 

Samuel  Colefax, 

3d 

168 

II          II         II 

( 

Ehsha  Pierce, 

1st 

200 

II              11             u 

97^ 

Richard  B.  Church, 

2d 

180 

U              II             11 

/ 

Eleazer  Church, 

3d 

260 

11               II              u 

98  j 

Jonathan  S.  Alexander, 

1st 

220 

II          11         11 

Samuel  Melendy,     . 

2d 

420 

II          II         II 

99  1 

Obadiah  Wells, 

1st 

220 

September  14th,  1786 

Joseph  Elliott, 

2d 

420 

II            11       II 

' 

Hezekiah  Broad, 

1st 

328  0  20 

July  11th,  1786 

100- 

Benjamin  Baker, 

2d 

90  3  30 

II        11       11 

Ephraim  Rice, 

3d 

90  3  30 

II        11       It 

' 

Joseph  Garcey, 

4th 

90 

11        II       II 

Township  No.  2,  or  Clinton,  was  surveyed  by  Simeon  De  Witt,  on  the  6th  of 
April,  1786,  and  at  the  same  time  was  divided  into  one  hundred  lots,  each  of  which 
it  was  intended  should  contain  640  acres.  Lot  No.  50  was  appropriated  to  the  use 
of  "  Gospel  and  Schools,"  and  lot  No.  51  "  For  promoting  Literature."  On  the  6th 
of  May  following,  the  commissioners  of  the  land  office  resolved  to  compensate  those 
who  had  suffered  in  opposing  the  government  of  Vermont,  by  giving  to  them  lota 
Nos.  35-100,  inclusive,  comprising,  as  was  supposed  (lots  50  and  51  being  excepted), 
sixty-four  lots,  or  40,960  acres.  On  the  11th  of  July,  in  the  same  year,  the  com- 
missioners  divided  fifty-four  lots,  or  34,560  acres,  among  the  one  hundred  and  seven 
persons  who  had  been  reported  by  Timothy  Church  and  William  Shattuck,  as  deserv- 
ing of  reward,  and  reserved  ten  lots,  or  6,400  acres,  for  the  purpose  of  satisfying  the 


760  HISTORY    OF   EASTERN    VERMONT. 

claims  of  such  of  the  sufferers  as  were  not  included  in  the  list  which  Church  and  his 
friends  had  presented.  On  this  occasion,  lot  No.  81  was  granted,  260  acres  of  it  to 
Thomas  Baker,  and  380  acres  to  Samuel  Bixby.  Subsequently  it  was  ascertained 
that  imijrovements  had  been  made  on  this  lot,  by  persons  to  whom  it  did  not  belong. 
The  owners  of  the  land  appear  to  have  treated  the  squatters  with  kindness.  An 
amicable  adjustment  of  difficulties  was  the  result.  By  an  act  of  the  Legislature, 
passed  March  20th,  1788,  power  was  given  to  the  commissioners  of  the  land  office 
to  grant  to  WOliam  Guthrie,  William  G-uthrie  Jr.,  and  Reuben  Kirby,  the  squat- 
ters before  referred  to,  lot  No.  81,  and  by  the  same  act,  lot  No.  76  was  granted  to 
Thomas  Baker  and  Samuel  Bixby,  in  place  of  lot  No.  81. 

On  the  12th  and  14th  of  September,  1786  the  conunissioners  granted  seven  lots  or 
4480  acres  to  a  number  of  the  "sufferers"  whose  names  had  not  been  included  in 
the  former  enumeration.  The  demands  of  the  citizens  of  New  York  who  had  resided 
in  Vermont  having  been  satisfied,  the  Legislature  of  New  York  by  an  act  passed 
March  20th,  1788,  gave  to  the  commissioners  power  "to  issue  a  grant"  of  two  of  the 
lots  that  had  not  been  disposed  of,  viz.,.  lots  Nos.  45  and  61,  containing  each  640  acres, 
to  Philip  Frisbee,  Samuel  Frisbee,  Philip  Frisbee  Jr.,  Ephraim  Guthrie,  Eben  Landers, 
Seth  Stone,  Goold  Bacon,  Herman  Stone,  Nathaniel  Benton  Jr.,  Joseph  Landers, 
Eoderick  Moore,  and  their  associates.  Before  they  could  "  severally  be  entitled  to 
receive  their  respective  grants,"  they  were  required  to  "pay  into  the  treasury  of  this 
state,  in  any  public  securities,  signed  by  the  treasurer  of  this  state,  at  the  rate  of 
one  shilling  and  three  pence  per  acre  for  the  lands  to  be  granted  to  them  respect- 
ively." A  patent  was  issued  in  accordance  with  this  act,  on  the  26th  of  February, 
1793. 

An  examination  of  the  above  table,  wUl  show  that  lots  Nos.  72,  76,  92,  96,  and 
100,  contained  respectively  617,  590,  591,  599,  and  600  acres  of  land,  instead  of  640 
each.  The  reason  of  this  discrepancy  appears  in  the  following  extract,  from  the 
records  of  a  meeting  of  the  commissioners  of  the  land  office,  held  at  the  house  of 
Matthew  Visscher,  in  Albany,  on  the  12th  of  January,  1789  : — "  On  running  the  east 
line  of  the  said  township  of  Clinton  from  the  Delaware  to  the  mouth  of  the  UnadUla 
(the  course  of  which  line  is  north  4°  47'  east),  the  lots  adjoining  to  this  line  fell  short 
of  640  acres  each,  at  wliich  they  were  computed  when  first  ballotted  for,  as  will 
appear  by  the  minutes  of  this  board.  But  in  this  entry  such  of  the  said  lots  as 
were  formerly  ballotted  to  two  or  more  persons,  viz.,  lots  Nos.  72,  76,  92,  96,  and 
100,  are  divided  among  their  respective  proprietors  in  the  same  proportions  with 
respect  to  the  true  quantity  of  each  lot,  as  they  were  divided  before  on  the  suppo- 
sition that  they  contained  the  quantity  of  640  acres  each."  Land  Office  Minutes,  in 
office  Sec.  State,  N.  Y.,  1784-1788,  i.  169,  170,  194-198,  220,  221,  224,  225,  256, 
262,  263:  1788-1796,  ii.  3,  17,  27-32,  51,  27,  281.  Laws  of  N.  Y.,  11th  session, 
GreenleaPs  ed.,  ii.  198,  199.  Map  No.  57,  m  office  Sec.  State  N.  Y.  Journal, 
Senate  N.  Y.,  13th  session,  2d  meeting,  pp.  46,  49. 


APPENDIX   L. 


761 


APPENDIX  L. 

DIVISION  OP  THE  $30,000. 

Referred  to  on  p.  565. 


Number 

Sum  to  which 

of  each 

Name  of  Claimant. 

each  Claimant  ia 

Claim. 

entitled. 

No.1 

Samuel  Avery           ..... 

$2655  03 

"     2 

James  Abeel 

548  93 

"     3 

Goldsbrow  Banyar    . 

7218  94 

"    4 

John  Bowles 

745  26 

"    5 

Catharine  Bowles 

49  91 

"     6 

James  Beeckman 

72  56 

"     1 

"William  Banyar 

309  42 

"     8 

Thomas  B.  Bridgen  . 

162  65 

"    9 

Samuel  Bard 

149  72 

"  10 

Robert  Bowne 

49  91 

"  11 

"William  Cockbume  . 

1495  95 

"  12 

Ebenezer  Clark 

37  42 

"  13 

James  McCarra 

24  93 

"  14 

Alexander  Cruikshank 

37  00 

"  15 

CadwaUader   Colden,    Thomas   Colden,   Alexander 
Colden,   and  Josiah   Ogden  Hoffman,   surviving 

Executors  of  Cadvvallader  Colden,  deceased 

449  15 

"  16 

Richard  Carey  and  Ann  his  wife 

122  92 

"  17 

Henry  Cruger 

149  72 

"  18 

Thomas  Clark 

. 

237  05 

"  19 

Archibald  Campbell . 

49  91 

"  20 

Archibald  Currie 

9  98 

"  21 

"WiUiara  McDougaU  . 

37  42 

"  22 

James  Chatham  Duane,  "William  North,  and  Mary 
his  wife,     Sarah   Duane,     Catharine    Livingston 

Duane,  and  Adelia  Duane 

2621  29 

"  23 

Gerardus  Duycking  Jr. 

49  91 

"  24 

John  De  Lancey 

49  91 

"  25 

Obadiah  Dickenson  . 

49  91 

"  26 

Alexander  McDougall 

34  93 

"  27 

George  Etherington . 

98  32 

"  28 

Thomas  Etherington 

74  11 

"  29 

James  Farquhar 

99  81 

"  30 

Jellis  A.  Fonda 

49  90 

"  31 

John  Galbreath 

99  81 

"  32 

James  Guthrie 

37  42 

»  33 

"Wilhara  Giles 

6  49 

"  34 

Joseph  Griswold 

147  73 

"  35 

John  Goodrich 

199  63 

"  36 

Charles  Hutchins 

9  98 

"  37 

Jonathan  Hunt 

948  23 

"  38 

John  Hensdale 

49  91 

"  39 

John  Johnston 

124  77 

"  40 

Luke  Knowlton 

249  53 

"  41 

Peter  Kemble 

199  63 

"  42 

Abraham  Lot 

698  69 

"  43 

John  Lawrence 

49  91 

"  44 

Robert  Lewis 

119  78 

"  45 

Joel  Lyman  . 

49  91 

"  46 

Elijah  Lyman 

49  91 

"  47 

Catharine  Metcalf,    Executrix  of   Simon  Metcali; 

deceased    . 

. 

. 

. 

1417  47 

762 


HISTORY    OF   EASTERN    VERMONT. 


Number 

Sum  to  -which 

of  each 

Name  of  Claimant. 

each  Claimant  is 

Claim. 

entitled. 

No.  48 

Catharine  Metealf     ..... 

$99  81 

"  49 

Thomas  Norman  and  Elizabeth  Martha  his  wife 

718  60 

"  50 

Jane  Nesbit  ..... 

12  48 

"  51 

Elias  Nixon  . 

24  95 

"  52 

Barbara  Ortley 

134  75 

"  53 

Eleazer  Porter 

49  91 

"  54 

John  McPherson 

99  81 

"  55 

Isaac  Eosevelt 

399  25 

"  56 

Peter  Sim 

37  42 

"  57 

Samuel  Stevens 

653  63 

"  58 

William  Smith 

1181  69 

"  59 

Jacob  Shefflin 

97  32 

"  60 

Francis  Stevens 

199  63 

"  61 

Diana  Smith 

49  91 

"  62 

Mary,  Elizabeth,  Esther,  and  Rachel  Schlatter,  sur 

viving  executors  of  Michael  Schlatter,  deceased 

99  81 

"  63 

John  M.  Scott           .... 

49  91 

"  64 

John  Titts     . 

9  98 

"  65 

Samuel  Thatcher 

149  71 

"  66 

Peter  Van  Schaak 

199  63 

"  67 

William  Wickham 

149  72 

"  68 

Brooke  Watson 

1197  76 

«  69 

Gerard  Walton 

49  91 

"  70 

John  Watts  . 

99  82 

«  71 

William  Walton 

199  63 

«'  72 

George  Wray 

39  92 

"  73 

Staltham  Williams 

199  63 

"  74 

John  Bard     . 

449  15 

"  75 

John  Plenderleaf 

1096  68 

"  76 

Samuel  Partridge 

49  91 

Total 

$30,000  00 

Doc.  Hist.  N.  Y.,  iv.  1024,  1025. 


LIST  OF  THE  CIYIL  AND  MILITAEY  OFFICERS  OF 
CUMBERLAND  AND  GLOUCESTER  COUNTIES. 


Those  persons  who  were  appointed  to  office  previous  to  April 
3d,  1775,  held  commissions  under  the  British  province  of  New 
York.  Those  persons  who  were  appointed  to  office  from  April 
3d,  1775,  to  September  1st,  1777,  derived  authority  from  the 
New  York  Provincial  Congress  and  tlie  Convention  of  the  state 
of  New  York.  Tliose  persons  who  were  appointed  to  office  sub- 
eequent  to  September  1st,  1777,  received  commissions  by  virtue 
of  the  Constitution  of  the  state  of  New  York. 


CIVIL   LIST. 
CUMBERLAND  COUNTY. 


763 


CrVTL  OFFICERS. 


DEDDIUS  POTESTATEM  COMMISSIONERS  TO  ADMINISTEB  OATHS  OP  OFFICE. 

On  the  20th  of  January,  1766,  a  few  months  previous  to  the  establishment  of 
Cumberiand  county,  a  dedimus  potestatem  commission  to  administer  oaths  of  oiSce 
■was  granted  to  Thomas  Chandler,  WiUiam  GUliland,  and  Isaac  Man,  for  the  whole 
of  the  New  Hampshire  Grants,  at  that  time  included  within  the  limits  of  Albany 
county. 


Date  of  Commission. 

KAMXS. 

July  17,  1766. 
April  7,  1768. 
April  14,  1772. 
May  5,  1774. 
May  15,  1777. 
October  24,  1778. 
June  5,  1782. 

Thomas  Chandler,  Joseph  Lord,  Samuel  Wells,  John  Chandler. 

Thomas  Chandler,  Josej^  Lord,  Samuel  "Wells,  John  Chandler. 

Samuel  Wells,  Crean  Bmah. 

Samuel  Gale. 

John  Sessions,  Jolin  Stevens. 

Pelatiah  Fitch,  John  Sessions,  James  Clay,  Micah  Townsend. 

Charles  Phelps,  James  Clay,  HHkiah  Grout. 

COMMISSIONERS  OP  THE  COURT. 


Date  of  Commlaaion. 

NAMXS. 

February  18,  1774 

Samuel  Wells,  Crean  Brush,  Samuel  Knight. 

COMMISSIONERS  TO  RECEIVE  THE  PROPERTY  OP  THOSE  WHO  HAD  JOINED  THE  ENEMY. 


Date  of  Commission. 

nAinm. 

March  6,  1777. 

James  Clay,  Ajnos  Robertson,  Israel  Smith. 

■ 

764: 


HISTORY   OF   EASTERN   VERMONT. 
COMMISSIONER  OP  FOBFEITUEB. 


Date  of  Commission. 

■■     1 

KAVE. 

February  25,  1780. 

John  Sergeant. 

JUDGES  OP  INFERIOR  COURT  OP  COMMON  PLEAS. 


Date  of  Commission. 

NAMES. 

July  16,  1766. 
April  7,  1768. 
AprU  14,  1772. 
August  18,  1778. 

Thomas  Chandler,  Joseph  Lord,  Samuel  WeUs. 

Thomas  Chandler,  Joseph  Lord,  Samuel  "Wells. 

Thomas  Chandler,  Joseph  Lord,  Samuel  "Wells,  Noah  Sabin. 

Pelatiah  Fitch,  John  Sessions,  James  Clay. 

ASSISTANT  JUSTICES  OP  INFERIOR  COURT  OP  COMMON  PLEAS. 


Date  of  Commission. 

NAMES. 

July  16,  1766. 
April  7,  1768. 
April  14,  1772. 
August  18,  1778. 

Oliver  "Willard,  John  Arms,  James  Eogers,  Zedekiah  Stone, 
Benjamin  Bellows,  Thomas  Chandler  Jr.,  John  Chandler. 

Oliver  "Willard,  Thomas  Chandler  Jr.,  John  Chandler,  Samuel 
Stevens,  Nathan  Stone,  "William  "Willard,  Thomas  Bridgman. 

James  Rogers,  Nathan  Stone,  IVLlliam  "Willard,  Stephen  Green- 
leaf;  Thomas  Chandler  Jr.,  Benjamin  Butterfield. 

Eleazer  Patterson,  HUkiah  Grout,  Stephen  GreenleaC 

JUSTICES  OP  THE  COURT  OP  OYER  AND  TERMINER  AND  GENERAL  JAIL  DELIYEET. 


Date  of  Commission. 


June  5,  1782. 


Charles  Phelps,  James  Clay,  Eleazer  Patterson,  Hilkiah  Grout, 
Simon  Stevens,  Elijah  Prouty,  Michael  Gilson.* 


♦  At  this  time  Richard  Morris  was  Chief  Justice  of  the  Supreme  court  of  the  state  of  New  York, 
and  Robert  Yates  and  John  Sloss  Hobart  were  puisne  Justices  of  the  same  court.  The  presence 
of  either  Morris,  Yates,  or  Hobart  wa.s  necessary  to  form  a  court  of  Oyer  and  Terminer,  etc. 


CIVIL   LIST. 


765 


JUSTICES  OF  THE  PEACE. 

On  the  20th  of  January,  17G6,  a  few  months  previous  to  the  establishment  of  Cum- 
berland county,  the  following  persons  were  appointed  justices  of  the  peace  for  tho 
whole  of  the  New  Hampshire  Grants  at  that  time  included  within  the  limits  of 
Albany  county,  viz. : — Thomas  Chandler,  "WiUiam  Gilliland,  Joseph  Lord,  Isaac 
Man,  Robert  Harpur,  Jacob  Bayley,  Samuel  Wells,  Nathan  Stone,  Oliver  Willard, 
John  Arms,  James  Rogers,  Benjamin  Whiting,  John  Chandler,  Benjamin  Bellows 
Jr.,  John  Griffiths,  Thomas  Morrison,  Samuel  Robinson,  George  Palmer,  Jolin 
Stoughton,  John  Wattson,  Alexander  MacNachten. 


Date  of  Commission. 

NAMES. 

July  16,  1766. 
April  V,  1768. 

April  14,  1772. 

June  5,  1782. 

Thomas  Chandler,  Joseph  Lord,  Samuel  Wells,  Oliver  Willard, 
John  Arms,  James  Rogers,  Zedekiah  Stone,  Benjamin  Bel- 
lows, Thomas  Chandler  Jr.,  John  Chandler,  William  Willard, 
John  Church,  Thomas  Bridgman,  Bildad  Andross,  Israel  Curtis. 

Thomas  Chandler,  Joseph  Lord,  Samuel  Wells,  Oliver  Willard, 
Thomas    Chandler    Jr.,   John  Chandler,    Samuel    Stevens, 
Nathan  Stone,  William  Wihard,  Thomas  Bridgman,  Bildad 
Andross,  Israel  Curtis,  Henry  Wells,  Simon  Stevens. 

Thomas  Chandler,  Joseph  Lord,   Samuel  Wells,  Noah  Sabin, 
James   Rogers,    Nathan   Stone,    Wilham   Willard,    Stephen 
Greenleaf,  Thomas  Chandler  Jr.,  Benjamin  Butterfield,  Bildad 
Andross,  Israel  Curtis,  Simon  Stevens,  Zadock  Wright,  Samuel 
Nichols,    WOliam   Williams,    John   Bridgman,    David   Joy, 
Ephraim  Ranney,  Oliver  Lovell,  John  Bolton,  Jonathan  Burk, 
Luke  Knowlton,  John  Winchester  Dana* 

Charles  Phelps,  James  Clay,  Eleazer  Patterson,  Hilkiah  Grout, 
Simon  Stevens,  Elijah  Prouty,  Michael  Gilson,  Samuel  Bixby, 
Daniel  Shepardson,  Hezekiah  Stowell,  Bethuel  Church,  John 
Pannel,  Nathan  Fish,  Joseph  Winchester,  Daniel  Kathan. 

COUirrT  CLERKS. 


Date  of  Commission. 


July  16,  1766. 
April  7,  1768. 
February  25,  1772. 
March  7,  1774. 
August  18,  1778. 


John  Chandler. 

John  Chandler. 

Crean  Brush,  vice  John  Chandler,  removed. 

Samuel  Gale,  vice  Crean  Brush,  resigned. 

Micah  Townsend. 


766 


mSTORY   OF   EASTERN   VERMONT. 


Date  of  Commission. 

KAUm. 

July  16,  1766. 

Nathan  Stone ;  term  expired  October  14,  1767. 

March  31,  1768. 

John  Arms;  appointed  for  eighteen  and  a  half  months. 

October  13,  1769, 

John  Arms ;  served  six  months. 

April  17,  1770. 

Daniel  Whipple ;  appointed  for  unexpired  term. 

October  12,  1770. 

Daniel  Whipple. 

October  13,  1771. 

Daniel  Whipple. 

October  6,  1772. 

Daniel  Whipple ;  served  part  of  term. 

October  1,  1773. 

William  Paterson. 

October  4,  1774. 

William  Paterson. 

July  10,  1775. 

Jesse  Burke.* 

May  5,  1777. 

Paul  Spooner.f 

August  18,  1778. 

Simeon  Edwarda 

March  6,  1779. 

Simeon  Edwards. 

February  18,  1780. 

Simeon  Edwards. 

June  5,  1782. 

Tunothy  Phelps. 

*  He  waa  sheriff  on  the  10th  of  July,  1775,  but  the  date  of  his  appointment  is  not  known. 
t  Declined  the  appointment  by  letter  received  by  the  Provincial  Congress  on  the  15th  of 
July,  1777. 

BUKBOGATES. 


Date  of  Commission. 

Ii  AUBS* 

July  16,  1766. 
March  31,  1768. 
April  14,  1772. 
August  18,  1778. 

Thomas  Chandler.                                                                       1 
Thomas  Chandler. 
Crean  Brush. 

James  Clay. 

CIVIL  LIST. 

COEONEBS. 


767 


Date  of  Commission. 


January  20,  1766. 
July  16,  1766. 
Apra7,  1768. 
August  18,  1778. 
March  6,  1779. 
February  18,  1780. 


Thnothy  Olcott. 

Timothy  Olcott,  Samuel  Taylor. 
Timothy  Olcott,  Amos  Tute. 
Samuel  Warriner,  Oliver  Kidder. 
Samuel  "Warriner,  Oliver  Kidder. 
Samuel  "Warriner,  Oliver  Kidder. 


ATTORNEYS  AT  LATV. 


Date  of  Commission. 

NAMES. 

March  31,  1768. 
April  26,  1770. 
July  22,  1771. 
June  23,  1772. 

Solomon  Phelps. 
Micah  Townsend. 
Charles  Phelps. 
Samuel  Knight. 

REPRESENTATIVES  IN  THE  COLONIAL  GENERAL  ASSEMBLY  OF  NEW  YORK  ELECTED  BY 

THE  PEOPLE. 


Commencement  of  Session. 

NAMHB. 

January  5,  1773. 
January  6,  1774. 
January  10,  1775. 

Samuel  "Welts,  Crean  Brush. 
Samuel  "Wells,  Crean  Brush. 
Samuel  "Wells,  Crean  Brush. 

DEPUTIES  IN  THE  NEW  YORK  PROVINCIAL  CONGRESS,  AND  CONVENTION  OP   THE  STATE 
OF  NEW  YORK,  ELECTED  BY  THE  PEOPLE. 

Commencement  of  Session. 

NAMES. 

May  2»,  1775. 

John  Hazeltine,  Paul  Spooner,  "William  "Williama 

November  14,  1775. 

William  "Williams,  Paul  Spooner.                                         \ 

May  14,  1776. 

"WiUiam  "Williams,  Joseph  Marsh.                                         ; 

July  9,  1776. 

Joseph  Marsh,  Simon  Stevens,  John  Sessions.                      ' 

768  HISTORY   OF   EASTERN   VERMONT. 

MEMBERS  OP  ASSEMBLY  OF  THE  STATE  OF  NEW  YORK  ELECTED  BY  THE  PEOPLE. 


Commencement  of  Session. 

NAMES. 

August  18,  1779. 
January  21,  1784. 

Elkanah  Day,  John  Sessions,  Micah  Townsend. 
Joel  Bigelow,  Elijah  Prouty,  William  Shattuck. 

SENATOR  IN  THE  NEW  YORK  LEGISLATITRE. 


Commencement  of  Session. 

NAME. 

September  10,  1781. 

Elkanah  Day. 

GLOUCESTER  COUNTY. 

CIVIL  OFFICERS. 

DEDIMTJS  POTESTATEM  "commissioners,  TO  ADMINISTER  OATHS  OF  OFFICE. 


Date  of  Commission, 

NAHBB. 

March  17,  1770. 
April  10,  1772. 
May  15,  1777. 

John  Taplin,  Samuel  Sleeper,  Thomas  Sumner,  John  Peters. 
Jacob  Bayley,  John  Peters. 
Jacob  Bayley. 

COMMISSIONERS  TO  RECEIVE  THE  PROPERTY  OF  THOSE  WHO  HAD  JOINED  THE  ENEMY. 


Date  of  Conomisslon. 

NAUEB. 

May  2, 1777. 

Peter  Olcott,  Jacob  Kent,  Israel  Smith. 

JUDGES  OF  INFERIOR  COURT  OF  COMMON  PLEAS. 


Date  of  Commission. 

NAMES. 

March  17,  1770. 
April  10,  1772. 
October  26,  1774. 

John  Taplm,  Samuel  Sleeper,  Thomas  Sumner. 
John  Taplin,  Jacob  Bayley,  Thomas  Sumner. 
John  Peters. 

CIVIL    LIST. 
ASSISTANT  JUSTICES  OF  INFERIOR  COURT  OF  COMMON  PLEAS. 


m 


Date  of  Commission. 


March  17,  1710. 
April  10,  1772. 


James  Pennock,  Israel  Smith,  Abner  Fowler,  John  Peters. 
James  Pennock,  Jacob  Kent,  John  Hatch,  Joel  Marsh. 


JUSTICES  OF  THE  PEACE. 


Date  of  Commiseion. 

NAMES. 

March  16,  1770. 
April  10,  1772. 
October  2G,  1774. 

John  Taplin,  Samuel  Sleeper,  Thomas  Sumner,  James  Pennock, 
Israel  Smith,  Abner  Fowler,  John  Peters,  Thomas  Chamber- 
lain, Jonathan  Sumner. 

John  Taplin,  Jacob  Bayley,  Thomas  Sumner,  James  Pennock, 
Jacob  Kent,  John  Hatch,  Joel  Marsh,  Tliomas  Ciiamberlain, 
Benjamin  Whitcomb,  Samuel  Hale. 

John  Peters. 

i 

COUNTY  CLERKS. 


Date  of  Oommission. 

NAMES. 

March  17,  1770. 
March  5,  1772. 
June  30,  1774. 

John  Peters. 
John  Peters. 
John  Lawrence,  vice  John  Peters. 

Date  of  Commission. 

NAMES. 

March  17,  1770. 

John  Taplin  Jr. 

October  6,  1772. 

John  Taplin  Jr. 

November  19,1774. 

John  Taplin  Jr. 

May  6,  1777. 

Nathaniel  Merrill. 

49 


770 


HISTORY   OF    EASTERN    VERMONT. 

CORONER. 


1 

Date  of  Commission. 

NAME. 

November  11,1772. 

Ephraim  Bayley. 

ATTORNEY- AT-LAW. 


Date  of  Commission. 

NAME.                                                                   * 

Januaiy  20,  1775. 

John  Lawrence. 

DEPUTY  IN  THE  NEW  YORK  PROVINCIAL  CONGRESS. 


Commencement  of  Session. 

NAME. 

May  23,  1775. 

Jacob  Bayley.* 
General  Bayley  did  not  take  his  seat. 

CUMBERLAND  AND  GLOUCESTER  COUNTIES. 


MILITARY   OFFICERS. 


The  recoVds  relative  to  the  military  appointments  in  Cumberland  and  Gloucester 
counties,  are  very  imperfect,  The  statements  which  follow  have  been  compiled 
from  various  sources.  In  May,  1775,  an  attempt  was  made  by  the  New  York  Pro- 
vincial Congress,  to  establish  a  mOitary  organization  on  the  New  Hampshire 
Grants,  and,  on  the  31st  of  that  month,  the  commission  of  brigadier-general  of  a 
brigade  which  it  was  intended  should  comprise  the  militia  of  Cumberland,  Glou- 
cester, and  Charlotte  counties,  was  offered  to  Col.  James  Rogers  of  Kent,  now 
Londonderry,  and  was  by  hira  refused.  In  June,  1775,  Major  Wilham  Williams, 
Major  Benjamin  "Wait,  and  Captain  Joab  Hoisington  offered  their  services  to  the 
New  Tork  Provincial  Congress,  respectively,  as  colonel,  lieutenant-colonel,  and 
major  of  a  regiment  of  militia.  About  the  same  period,  a  design  was  entertained  of 
creating  two  regiments  in  Cumberland  county,  one  of  which  was  to  be  called  the 
lower  regiment,  and  the  other  the  upper  regiment.  On  the  15th  of  August,  1775, 
at  Springfield,  Simon  Stevens,  Joseph  Marsh,  and  Benjamin  Wait,  appended  their 
names,  as  field  officers,  to  the  following  "  true  list  of  the  officers  in  the  upper  regi- 
ment in  Cumberland  county,  chosen  by  their  respective  companies." 


MILITAKT   LIST. 

UPPER   REGIMENT. 


771 


Towns. 

Captains. 

Lifutenants, 

Ensigns. 

Windsor    .     . 

William  Cooper. 

Ebenezer  Curtis. 

Springfield 

Abner  Bisbee. 

Timothy  Spencer. 

Nathaniel  Weston. 

Chester     . 

George  Earl. 

Jonathan  Tarbell. 

Amos  Gile. 

Weathersfleld 

Hilkiah  Grout. 

Israel  Burlingame. 

Oliver  Kidder. 

Woodstock    . 

Joab  Hoisingtou. 

Benjamin  Emmons. 

William  Powers. 

Hartford 

Joel  Marsh. 

Benjamin  Wright. 

Alexander  Brink. 

Hertford 

Timothy  Lull 

Aaron  Willard. 

Asa  Taylor. 

Pomfret     .     . 

Oliver  Udall. 

John  Perin. 

Zebulon  Lyon. 

Cavendish 

John  Cofl'ein. 

Thomas  Gilbert. 

Phinehas  KimbalL 

On  the  2 2d  of  August,  1775,  the  New  York  Provincial  Congress  voted  that  the 
militia  of  the  counties  of  Charlotte,  Cumberland,  and  Gloucester  should  be  formed 
into  one  brigade.  On  the  21st  of  November  following,  the  field  officers  for  the 
lower  and  upper  regiments,  and  for  a  regiment  of  minute-men,  were  nominated  at  & 
convention  of  representatives  from  the  towns  in  Cumberland  county,  held  at  West- 
minster. On  the  4th  of  January,  1776,  during  the  recess  of  the  New  York  Pro- 
vincial Congress,  the  committee  of  safety  for  that  colony  confirmed  the  nominations 
of  the  officers  for  the  upper  regiment  and  the  regiment  of  minute-men,  but  refused 
to  act  upon  the  nominations  of  the  officers  for  the  lower  regiment,  on  account  of  the 
political  character  of  some  of  those  whose  names  were  presented.  Those  to  whom 
commissions  were  given,  were,  for  the 


UPPER   REGIMENT. 


Colonel. 

Lieut.-Colonel. 

First  Major. 

Second  Major. 

Adjutant. 

Quartermaster. 

•Joseph  Marsh. 

John  Barrett. 

HilkiahGrout 

JoelMatthews 

Tim.  Spencer. 

Amos  Kobinson. 

REGIMENT  OP  MINUTE  MEN. 

Colonel. 

Lieut-Colonel. 

First  Major. 

Second  Major. 

Adjutant. 

Quartermaster. 

Joab  Hoisington 

Seth  Smith. 

Joseph  Tyler. 

Joel  Marsh. 

Tim.  Phelps. 

EUsha  Hawley. 

On  the  1st  of  February,  1776,  the  following  officers  for  the  lower  regiment  were 
nominated  at  a  convention  held  at  Westminster.  These  nominations  were  confii-med 
on  the  1st  of  March  following,  by  the  New  York  Provineial  Congress. 

LOWER  REGIMENT. 


Colonel. 

Lt.-Colonel. 

First  Major. 

Second  Major. 

Adjutant. 

Quartermaster. 

"Wm.  Williams 

Benj. Carpenter 

Oliver  Lovell. 

AbijahLovejoy 

Sam'lMinottJr. 

Sam'l  Fletcher 

YY2 


HISTORY    OF    EASTERN    VERMONT. 


On  the  6th  of  February,  1776,  in  a  letter  dated  at  Guilford,  Benjamin  Carpenter 
chairman  of  the  committee  of  safety  for  Cumberland  County,  communicated  to  the 
New  York  Provincial  Congress,  the  annexed  list  of  militia  officers,  chosen  in  the  dif- 
ferent towns  comprised  within  the  lower  reghnent.  The  nominations  were  con- 
firmed on  the  1st  of  March. 

COMPANIES  IN  THE  LOWER  REGIMENT. 


Towns. 

Captains. 

First  Lieutenants. 

Second  Lieuts. 

Ensigns. 

Guilford    . 
Brnttleborough 
Ftilham      . 
Westminster     . 
Putney- 
Halifax      . 

StcTih.  Shepardson 
.Ji(hii  Serjeant 
J<matlian  Knight 
.John  Averill 
Abijah  Moore 
Daniel  Rich 

David  Stowell 
Oliver  Cooke 
Josiah  Boyden 
Jabez  Perry 
Daniel  Jewett 
Benjamin  Henry. 

Timothy  Root 
Timothy  Church 
Daniel  Kathan 
Azariah  Wright 
Ephraim  Clay 
Kobert  Patterson 

Dillingt'nJohnston 
.John  Ale.xander 
Shepard  Gates 
William  Crook 
Ephraim  Pierce 
Edward  Harris 

On  the  2 2d  of  May,  1776,  at  a  convention  called  for  the  committees  of  safety  of 
the  counties  of  Cumberland,  Gloucester,  and  Charlotte,  and  held  at  Windsor,  Jacob 
Bayley,  of  Newbury,  was  chosen  brigadier-general,  and  Simon  Stevens,  brigade- 
major  of  the  brigade  comprising  those  three  counties. 

For  the  purpose  of  affording  protection  against  the  savages,  the  New  York  Con- 
vention determined,  on  the  23d  of  July,  1776,  to  establish  ranging  companies  in  the 
more  exposed  counties  of  the  state.  Cumberland  and  Gloucester  counties  were 
ordered  to  raise  two  hundred  and  fifty-two  men.  On  the  following  day,  Joab  Hois- 
iugton  was  appointed  major  of  the  rangers  in  the  two  counties.  On  the  6th  of  Au- 
gust, 1776,  the  committees  of  safety  for  Cumberland  and  Gloucester  counties  met  at 
Windsor,  and  nominated  the  officers  for  the  four  companies  into  which  the  rangers 
were  to  be  formed.  After  considerable  delay,  the  nominations,  with  a  few  excep- 
tions, were  confirmed  by  the  New  York  Convention.  Commissions  were  granted 
to  the  following  officers  on  the  10th  of  October,  1776,  and  on  the  23d  of  the  same 
month  they  were  sworn  to  the  foithful  discharge  of  their  duties. 

COMPANIES  OF  THE   RANGERS. 


Captains. 


First  Lieutenants. 


Benjamin  Wait, 
John  Strong, 
Joseph  Hatch, 
Abner  Seelye.* 


p]lisha  Hawley, 
Eldad  Benton, 
Simon  Stevens, 
Benjamin  Whitney. 


Second  Lieutenants. 


Zebulon  Lyon, 
John  Barnes, 
Amos  Chamberlain, 
Jeliiel  Robbins. 


*  Seelye  resigned  his  commission  on  the  22d  of  December,  1776. 


Meantime  the  brigade  comprising  the  counties  of  Cumberland,  Gloucester,  and 
Charlotte  was  divided.  The  militia  of  the  two  former  counties  were  formed  into  one 
brigade ;  the  militia  of  the  latter  into  another.  Tlie  command  of  the  Cumberland 
and  Gloucester  brigade  was  given  to  Brigadier-General  Jacob  Bayley,  and  to  Brigade 
Major  Simon  Stevens,  on  the  1st  of  August,  1776;  ■ 

The  militia  of  Cumberland  county  were  subsequently  divided  by  the  Legislature 
of  New  York  into  the  northern  regiment  and  the  southern  regiment.  The  ofScers 
of  the  southern  regiment,  who  received  their  commissions  from  the  Council  of 
Appointment  of  that  state,  on  the  IStli  of  August,  1778,  were  as  follows: — 


MILITARY    LIST. 

SOUTHERX   BEGIJIEXT. 


773 


Colonel. 

Lleut.-Colonel.              Major. 

Adjutant 

Quartermaster. 

Eleazer  Patterson 

John  Sergeant 

Elkanah  Day 

Henry  Sherburne 

Richard  Prouty 

The  companies  which  were  established  in  this  regiment  are  named  in  the  annexed 
list:— 


COMPASIES   IN   THE   SOUTHERN'   REGIMENT. 


Towns. 

Captains. 

First  Lieutenants. 

Second  Lieuts. 

Ensigns. 

Hinsdale    . 
Guilford    . 
Halifax      . 
Brattleborough 
Fulham     .    "  . 
Putney 

Westminster     . 
Eockingham     . 

Reuben  Field 
Asa  Eice 
John  Pannel 
Timothy  Church 
Josiah  Allen 
Lucas  Wilsont 
Michael  Gilson 
Moses  Wright* 

Timothy  Root 
Pelatiah  Fitch  Jr. 
James  Blakslee 
Daniel  Kathan 
Daniel  Cashing 
Michael  Gilson 
Isaac  Reed* 

Jonathan  Church 

James  Clav  Jr. 
Ephraim  Ranney 

Weightstill  Orvis 
Micah  Eice 
Joseph  Stewart  Jr. 
Samuel  Root 
Shepard  Gates 
Nathaniel  Lord 
Benj.  Whitney 
Ashur  Evans* 

Those  officers  designated  by  a  *  were  appointed  on  the  24th  of  October,  17  7  8* 
That  officer  designated  by  a  f,  was  appointed  on  the  19th  of  October,  1779.  The 
remainder  were  appointed  on  the  18th  of  Augu.st,  1778.  On  the  19th  of  October, 
1779,  James  Clay  Jr.,  and  Daniel  Gushing  exchanged  places  in  the  Putney  Company. 

The  companies  which  were  formed  in  the  northern  regiment  were  these: — 

COMPANIES  IN  THE  NORTHERN   REGIMENT. 


Towns.                    Captains. 

First  Lieutenants. 

Second  Lieuts. 

Ensigns. 

Weathersfield    .   Eliphalet  Spafford 
Springfield         .   Abner  Bisbee 

Oliver  Kidder 
John  Bisbee 

Joseph  Douglass 
Taylor  Spencer 

The  officers  of  the  Weathersfield  Company  were  appointed  on  the  2^th  of  October, 
1778.     Those  of  the  Springfield  company  on  the  20th  of  October,  1779. 

On  the  5th  of  June  and  the  24th  of  July,  1782,  the  following  persons  were  chosen 
officers  of  the 

SOUTHERN   REGIMENT. 


Lt.-Col.Comm'd't. 

First  Major. 

Second  Major. 

Adjutant. 

Quartermaster. 

Timothy  Church 

William  Shattuck 

Henry  Evans 

Joel  Bigelow 

Elisha  Pierce 

On  the  24th  of  July,  1782,  the  following  officers  were  chosen  to  the  command  of  the 

COMPANIES  IN  THE  SOUTHERN  REGIMENT, 


Towns.                   Captains. 

First  Lieutenants. 

Second  Lieuts. 

Ensigns. 

Brattleborough : 
South  Comp'y 
North  Comp'y 

Guilford : 
First  Comp'y 
Second  Comp. 
Third  Comp'y 

Halifax      . 

Artemas  How 
Eichard  Pronty 

Joseph  Peck 
Daniel  Ashcraft 
Joseph  Elliott 
Thomas  Baker 

Reuben  Church 
John  Alexander 

William  White 
Jas.  Walsworth  Jr. 
Elisha  Root 
Isaac  Orr 

Isaac  Crosby 
Francis  Prouty 

Israel  Bullock 
Benoni  Cutbcth 
Isaac  Weld 
Daniel  Donaldson 

1 

Rutherford  Hays 
Jonat'n  Alexander 

Joshua  Nurse 
Samuel  Stafford 
Simeon  Ferrel 
David  Lamb 

1 

INDEX    OF    SUBJECTS. 


Abenaqul,  or  Abenaquis  Indians,  20,  5S5. 

Abenaquies  of  Bekancour,  66. 

Adultery,  punishment  of,  575. 

Aix  la  Chapelle,  peace  of.  53,  61. 

Albany,  31S;  treaty  at,  63;  county  town  for 
the  .New  Hampshire  Grants,  136;  design  of 
the  British  to  take,  303. 

Albany  county,  275,  291,  309,  376;  Includes  the 
New  Hampshire  Grants,  129,  131,  634,  im, 
765;  attempts  to  divide,  182— 135 ;  its  unli- 
mited extent.  186;  fairs  in,  193;  disturbances 
in,  237;  exposed  to  attack,  2(54;  orders  to 
the  militia  of,  336;  act  relating  to,  523. 

Alfrerine  Captive,  713,  714 ;  extract  from,  715 — 
718. 

Alcronkins,  66. 

Andover,  177;  when  chartered  and  settled.  121 
—123. 

Arlington.  488;  consultation  at,  338;  report 
concernins,  481 ;  Council  meet  at,  493,  596. 

Arrest  of  a  dead  body,  584. 

Arson,  574. 

Assistant,  575.  576,  577;  office  of  an,  572. 

Athens,  an  alarm  at.  396,  397,  398,  411. 

Attorney-at-law,  oath  required  of  an,  581. 

Bainbridge,  granted  to  the  sufferers  by  Ver- 
mont. 546,  547. 

Dallot-boK,  protection  of,  569,  571,  572 

Barnard,  incursion  at,  382;  fort  at,  883;  rioters 
from.  548.     See  Bernard. 

Barnev  Island.  60. 

Bear  s'tory,  788,  734. 

Bellows  Falls,  fishing  at,  101 ;  Indian  sculptures 
at.  587 — 592. 

Bennington,  22.5,  481, 489,  .513, 5.S1,  551, 558, 568, 
681,  703;  when  chartered,  93;  "mob,"  237, 
240,607:  quarrels  incited  b7  the  people  of, 
239,  24:3;  battle  of,  3o8,  3i;4,  441,  453,  507,  641, 
729;  first  ses.sion  of  the  court  at,  326;  troops 
collect  at,  440 ;  jail  at,  478,  488.  495,  498.  506, 
526;  letters  written  at,  490,  495,  496 ;  troops 
from,  519 ;  convention  at,  562.  563. 

Bennington  county,  3,  434;  order  to  the  militia 
of,  339;  subdivision  of,  403;  troops  assemble 
from,  440 ;  sheriff  of,  496. 

Berksliire  county,  assistance  from,  854. 

Bernard,  wlien  chartered,  107.  Sams  as  Bar- 
nard. 

Bernardston,  death  of  a  citizen  of,  528—581. 

Bi'Sfialitv,  574. 

Betliol,  incursion  at,  882;  fort  at,  382,  883,  334; 
an  att.iok  anticipated  at,  411. 

I'laspheiiiy,  574. 

Bo>tun,  restraint  on  the  people  of,  215;  Inci- 
dents Connected  with  the  siege  of,  610 — 625. 

Block-houses,  how  built,  26. 

Bradford,  when  chartered,  123, 124;  early  set- 
tlement at,  139, 140. 


Branding,  841,  346.  574,  575,  576. 

Brattleborough,  S49,  861,  375,  376,  897,  421,  427, 
4:32,  4:is,  505,  074,  701,  702,  704,  718;  when 
chartered,  104,  105,  106;  grants  in,  141 ;  road 
to  Chester  from,  177;  road  through,  194; 
county  committee  meet  at,  27s,  294 — 297, 
750;  friendly  to  New  York,  291,  292,  293: 
committee  of,  295,  322, 359,  461,  471 ;  meeting 
of  those  friendly  to  'New  York,  at,  3o9,  311 
—314,  320,  335,  "84o,  359,  870,  373,  506,  507 ; 
town  meeting  at,  310,  319,  419 ;  sentiments 
prevalent  in,  325,  423,  756;  arrests  in,  889, 
488,  722  ;  representation  from,  416,  417,  588 ; 
convention  at,  420;  militia  of,  436,  453,  475, 
772,  773;  commotion  at,  440,  444,  445,  452, 
516;  quarters  of  Vermont  ofiicers  at,  510; 
att.ick  on  tlie  inn  at,  511 ;  Vermont  troops 
assemble  at,  514,  515;  pardon  of  citizens  of, 
536;  Indian  inscriptions  at,  5*9 — 591;  epi- 
taplis  at,  711,  725;  census  of,  745. 

Bribery  denounced,  571,  572. 

Bridgman's  Fort,  26 ;  incursion  near,  86 ;  burned 
by  the  Indians,  39 ;  disastrous  affair  at,  74 — 
77. 

British  in  Canad.o.  nesotiations  with,  880,  381, 
408,  412-414,  416,  419,  421,  422,  461,  464,  479, 
485,  503,  568,  72o,  721. 

Brookline.  incident  at,  396—899. 

Bunker  Hill,  641. 

Burgliiry,  punishment  of,  575,  570. 

Burial,  a  strange,  583,  584 

Burk's  Garrison,  67. 

Burning  of  lioyalton,  383—895. 

Burying-ground  at  Westminster,  214,  215. 

Caledonia  county,  6. 

Cape  Breton  war,  28,  60,  63,  94. 

Capital  offences,  574,  576. 

Cattle,  seizure  and  sale  of,  856 — 358. 

Caucus,  call  for  a,  599. 

Cauglmawasa,  Indians  at,  23,  24,  678,  787 ;  cap- 
tives at,  891. 

Cavendish,  when  cliartered,  120;  incidents 
connected  with  the  settlement  of,  121 ;  mili- 
tia of,  771. 

Charlestown,  origin  of  the  name  of,  38;  fort 
at,  67.  68;  forces  at,  81 ;  Incidents  at,  8:5,  91, 
92 ;  attack  on,  85,  86,  87,  88 ;  meeting  at,  401 
402.    See  Xumfjer  Four. 

Cliarlotte  county,  287,  265,  275,  2S2,  284,  285, 
290,  291,  292,  2*99,  .300,  3u5,  309,  3,5,5,  876;  mi- 
litia of,  249,  2.50,  251,  255,  256,  266,  770, 
771,  772;  advice  to,  252;  exposed  to  attack, 
264;  act  relating  to,  523;  division  of,  554, 
55,5. 

Chenango  county,  .546,  ,547. 

Cheshire  coutitv.  401,  402.  754. 

Chester,  828. 638,  639,  651 ;  when  charteied,  109, 
034;  selected  as  a  c  junty  town,  187,  142;  at- 


776 


INDEX   OF    SUBJECTS. 


tempt  to  overawe   the  court  at.  164—166; 
threats  to  pull  down  the  jail  at,  172;  descrip- 
tion  of  the  jail  at,   178— IS'2 ;   removal  of 
county  buildings  from,  183,  l.^^;   patriotic 
meetini^sat,  197,  198,  204,  206,279;  friendly 
to  a  new  state,  269;  town  meetings  at,  283, 
635,  653;  the  committee  of,  656;  census  of, 
745;   representative  from,  754;    militia  of! 
771. 
Chimney  Point,  the  first  settlement  in  Ver- 
mont west  of  the  Green  mountains,  24. 
Choir,  description  of  a,  218. 
Christianize  the  Indians,  eflforts  to,  17, 18,  23. 
Civil  officers,  list  of,  762— 77u 
Clapp's  Hill,  61. 
Clarenceville,  704.  706. 
Clinton  county,  555. 
Clinton  township,  grants  in,  544—547,  757— 

760. 
Coghran's  Fort,  83. 
Colden  county  proposed,  132, 1.33. 
Columbia  college,  140. 
Confiscation,  827,  328. 
Congregationalists,  divisions  amon",  211 
Congress,  resolves  of.  298,  813,  350,  352,  355, 
864,  365,  370,  375,  377,  400,  418,  422   464   467 
468,  469,  470,  471,  47S,  479,  4S(i,  4s],  4s2   4S3' 
485,  4S6,  492,  496,  503,  542,  555,  623,  658,  659! 
686,  688,  693;  temporizing  conduct  of,  .335, 
837,  869,  539 ;  appeal  to,  338,  349,  360,  466, 
535 ;  report  to,  358,  359,  623 ;  action  of,  de- 
nounced. 363;  attempts  to  obtain  an  opinion 
from.J367,  458,  522,  523,  525;  interview  with, 
8sl,  676;  remonstrance  asainst  the  conduct 
of,  382;  the  position  of,  i?6,  4::57,  451 ;  letter 
to,  4.57;   argument  before  a  committee  of, 
463,  685;   sentiments  towards,  478;   net  ad- 
mitting Vermont  into  the  Union,  56.3,  564; 
act  of,  596;  petition  to,  622,  62.3,  661 ;  secret 
session  of,  722,  723. 
Connecticut,  influence  of  the  laws  of,  on  Ver- 
mont legislation,  573, 574, 579;  lands  assigned 
to,  735,  736.  " 

Conspiracies,  acts  for  the  punishment  of,  432. 
433. 573.  ' 

Constitution  of  Vermont,  808,  820,  328,  829- 
its  adoption,  297,  566— .568;  epitome  of,  569 
—572 ;  revised,  702,  708. 
Contrast,  the  first  American  play,  711,  712. 
Coos,  intended  settlement  at,  62;  meaning  of 
585 ;  county  of,  586,  587.  ' 

Coosucks,  an  Indian  tribe.  586. 
Cornish,  noted  for  its  white  pines.  146. 
Corporal   punishment,  341,  846,  574,  675,  576 

577,  579,  627;  infliction  of,  582,  583. 
Councillor,  504,  .526,  572,  581.  642. 
Council  of  Appointment,  321,  322,  323,  422  428 

430,  432.  4a5,  678,  693,  772. 
Council  of  Censors,  582,  662. 
Counterfeiting,  punishment  of,  576. 
Court-house,  291,  294,299,854;  permission  to 
build  one  at  Chester,  173;  desctiption  of  one 
built  by  Thomas  Chandler,  176, 177;  descrip- 
tion of  one  at  Westminster,  184—186;  fl^'ht 
and  occurrences  in  that  at  Westminster,  219 
—236;  at  Windsor,  534. 
Court-house  Hill,  185. 
Court  party,  216,  232,  636. 
Courts  of  justice  established,  137, 160, 161. 182 
183.  19.5.  196, 571.  -       .       >       .       , 

Creed  prescribed,  570. 
Cromwell's  Ironsides,  593;  troops,  594. 
Cross  of  fire,  223. 

Crown  Point,  road  to,  268;  prisoners  taken  at, 
667.  ' 

Cumberland  county,  ISo,  299,  ,36.3,  419,  493 ; 
origin  of  name  of^  1 ;  boundaries  of.  1,  2,  8,  4^ 
5,  6,  19.5,  5.54;  charter  of,  disallowed,  2,  141- 
when  erected,  186,  6.34,  680;  provisions  of  the 
act  of  incorporation  of.  137;  charter  granted 
by  the  King  to,  142, 173.  635;  records  of,  l*^, 
647;  territory  north  of,  159,  160;  petitions 


of  inhabitants  of,  169,  170, 175, 176,  ISl  182, 
191,  309,  605  ;  census  of.  187,  745 ;  represen- 
tatives in  the  New  York  Assembly  from, 
188,  361,  867;  laws  relative  to,  136—139,  1S9 
—196,  523 ;  friendly  to  the  cause  of  the  colo- 
nies, 200,  203,  204,  215,  216,  242;  appropria- 
tions for,  238,  609;  meeting  of  committee  of, 
243;  congress  of,  245;  delegates  in  the  New 
1  ork  Provincial  Congress  tVom,  246,  250  254 
2o8,  263;  condition  of,  247,  282  870  371  •' 
means  to  defend,  248,  800—802;  power  to  de- 
legates from,  249,  258-260;  militia  of,  249 
2ol,  256,  266,  267,  275,  805,  315.  356,  357  858 
8(2,  878,  877—379,  428,  729,  757;  convention 
of,  350,  267,  268,  401;  advice  to,  252,  253-  loan 
to,  255;  committee  of  safety  of,  257.  262  277 
278,  304,  805,  .306,  641;  supplies  to  262,' 268! 
204;  rangers  for,  265,  286—289,  300;  discus- 
sions relative  to,  270,294—297;  report  con- 
cerning, 271—274;  disafi-ection  in,  283—285, 
84tj— 849;  measures  for  the  welfare  of,  289— 
294;  memorials  concerning,  806,  807,  461 
462;  letters  to  the  inhabitants  of,  812— 314' 
458;  reconstructed,  815;  justice  in,  317,  318- 
appeal  to  Congress  in  behalf  of,  324;  views 
ol  the  citizens  of,  325,  755,  756;  enlarged, 
826;  estates  in,  confiscated,  328;  militia 
ordered  to,  339;  preparations  to  maintain  the 
rights  of  New  York  in,  851 ;  agent  from,  ,353, 
381;  letters  from  committees  of,  378,  874, 
876;  plan  of  new  jurisdiction  in,  400 — 402- 
subdivision  of,  403,  404 :  officers  appointed 
in,  430,  431,  595,  604,  634,  635,  638,  639,  644 
647,  677,  678,  684,  691,  693,  695,  706,  719^  725 
762-773;  report  concerning  citizens  of,  542, 
54:3;  lands  granted  to  citizens  of,  .544—647, 
_<57— 760;  proceedings  in,  720;  division  of, 
into  districts,  748,  744;  statement  of  the 
judges  of,  746,  747. 

Cumberland,  town  of,  census  of,  745. 

Cursing,  punishment  of,  577. 

Darthmonth  college,  825, 889, 598,  602,  676 

Dawes  place,  627. 

Deerfleld,  first  attack  on,  8 ;  second  attack  on, 
10,  591,  669;  ftite  of  inhabitants  of,  11;  third 
attack  on,  12;  defence  at,  67,  68. 

Defamation,  trial  for,  831.  410,  411. 

Defiance,  Fort,  at  Harnard,  888. 

Dighton  Kock,  .588,  689. 

Dorset  convention,  229,  254,  208,  269,  282,  283 
754.  ' 

Dia[)er,  when  chartered,  99;    road    through, 
194;  sentiments  in,  .325,  756. 
tSee  Wilmington. 

Dresden,  8'.'5,  889. 

Drunkenness,  punishment  of,  579. 

Dnmmor,  Fort,  15.  42,  50,  52,  5.3,  54.  60,  61,  62, 
63.  67,  68,  70,  74,  78,  87,  91,  9,3,  227,  248,  300, 
307,  726,  727,  740;  plan  of,  16;  supjilies  at, 
17,  26;  garrisoned  by  friendly  Indians,  18; 
attacked,  18;  fate  of  a  scouting  party  from, 
19 ;  used  as  a  truck-house.  20,  21,  671 ;  garri- 
son at  increased,  28;  treaty  at.  24,  672,  736 

738;  defences  of,  strengthened,  27;  deserted 
by  the  Indians,  28;  dispute  as  to  what  go- 
vernment should  maintain  it,  29-32,  79,  80: 
well-located,  8i5,  34;  importance  of,  87,  39; 
repaired,  40;  encounters  near,  43.  45,  47,  48; 
sermon  at,  49;  troubles  at.  81,82;  first  set- 
tlement in  the  state  of  Vermont  at,  104. 
Dummer  meadows,  16. 

Dnmmerston,  228,  281  ;  circumstances  con- 
nected with  the  settlement  of,  105—109;  ex- 
tracts from  the  records  of,  200—203,  23],  750; 
patriotism  of.  200;  revolutionary  incisures 
at.  201—203,  20,5,  215,  220;  patriotic  meeting 
at,  204,  206 ;  rage  of  the  people  of,  224 ;  mani- 
festo from,  251,  252;  drafts  in,  873;  remon- 
strance from,  410;  the  edge  of,  445;  militia 
of,  516;  levies  from,  5:31 ;  occurrence  at,  684. 
Se^  FuUmm. 


INDEX    OF    SUBJECT: 


I  i 


Dumnierstonian,  a  flery,  720. 
Dutchess  county,  249;  act  relative  to,  193. 
Dutch  Hoosac,  attack  on,  66. 
Duyckiiicks'  C'yclopa'dia  or"  American  Litera- 
ture, extract  from,  711 — 714. 

Ear,  punishment  of  cutting  oflP  the,  846,  575, 

576. 

Eastern  Union,  325,  402,  408,  404,  415,  418,  419, 
4Gti. 

Education,  provision  for,  570. 

Elizabeth.  brij;antine,  613;  laden  with  tlie  pro- 
perty of  Boston  citizens.  614 — 617;  captured, 
Cl^;,  019,  621;  libel  against,  622;  not  forfeited, 
628. 

England,  laws  of,  5S2 ;  church  of,  743. 

EpiUiph,  on  Jemima  Tute,  76 ;  on  Caleb  How, 
77;  on  William  Ji'euch,  215;  on  Jonathan 
Tute,  706,  707;  on  .Vmos  Tute,  707;  on 
Eoyall  Tyler,  711 ;  on  Samuel  Wells,  725;  on 
John  Kilburn,  742. 

Equivalent  landi,  13, 14,  15,  58;  description  of, 
105 — lOS,  735,  736. 

Essex  county,  6. 

Eulogy  on  "Washington,  668—665. 

Fair  captive,   acconnt   of  the,    75,   76,   706, 

707. 
Fairleo.  32S ;  when  chartered,  119, 120 ;  grants 

in.  141. 
Fairs,  law  establishing,  192,  193. 
Fall  Town  Gore,  102. 
Falmouth,  treaty  at,  54,  61. 
False  witness,  574. 
Fane,  when  chartered,  99. 

See  Keicfane. 
Faneuil  Hall,  708. 
Farmer's  Weekly  Museum,  a  newspaper,  712, 

713,  714;  extract  from,  662,  665. 
Farnham,  649;  grant  in,  704. 
Flamstead,  when  chartered,  109.    See  Chester. 
Forfeiture,  574,  576,  577,  57S.  579. 
Forgery,  punishment  for,  576,  577. 
Fortified  houses,  how  built,  .H. 
Freedom  and  Unity,  the  motto  of  Vermont, 

565. 
French  war,  81—93,  215,  730. 
Fresh  river,  same  as  the  Connecticut,  128. 
Friends  of  Libert}',  242. 
Fulhain,  109.  301 ;  name  how  spelled,  106,  108; 

grants  in,  141 ;  sentiments  in,  325,  756;  com- 

inittee  of,  335,  359;  troubles  at,  336;  census 

of,  745 ;  militia  of  772,  773. 

See  Dummemton. 

Gallows,  sitting  on  the,  574. 

Gamintr,  punishment  of,  577. 

Garrison  life,  55 — 58. 

Gentleman,  the  title  of,  257,  736. 

Gloucester  county,  4,  245,  876,  400;  boundaries 
of,  5,  6,  554,  555;  petition  for  the  establish- 
ment of,  159;  formed,  160,  161;  petitions  of 
citizens  of,  169, 170. 191 ;  census  of,  1S7,  188, 
745;  laws  relative  to,  189.  19it.  523,  544,  545; 
meeting  of  committee  of,  24;^;  delegate  to 
represent  247 ;  militia  of,  249,  250,  2;jl,  255, 
256,  266.  275,  30.5,  428 ;  advice  to,  252 ;  sup- 
plies for,  263,  264 ;  rangers  of,  265,  278,  274, 
286—289,  299,  300;  convention  of  267,  268, 
401,  402:  condition  of,  282,  284,  285;  com- 
missioners for,  289 ;  measures  for  the  welfare 
of,  29it— 292,  309;  disallowed,  315;  civil  and 
military  officers  in,  768 — 773. 

Ooldenstown,  101.    See  RocHnghatn. 

Goodrich's  G.irrlson,  67. 

Governor  mountain,  111. 

Governor's  ritilits  140;  meadow,  627. 

Grafton  county,  401,  402. 

Grafton,  town  of,  when  chartered.  111,  112, 
411. 

Grants,  the  abbreviation  of  New  Hampshire 
Grants,  145,  159,  162,  169,  170,  187,  269,  277, 


282,  285,  294,  806,  810,  812,  313,  31.5,  320.  821, 
827,  3a%  8;<8.  351,  861,  304,  87(i,  371,  .374,  875, 
876,  881,  399,  401.  4(l2.  4ii7.  412  410.  418,  420, 
422,  4.-J0,  4;^7,  4,")7,  462,  464,  465,  406,  407,  469, 
471,  547,  606,  633.  634,  640,  650,  053,  074,  678, 
680,  6S1,  691,  727. 

Great  Britain,  hatred  to,  196. 

Great  Falls,  Indian  inscriptions  at,  5SS-  591 ; 
notice  of,  670,  671,  674.  752. 

See  BeikncD  FalU. 

Great  Gun,  27,  47,  48,  78. 

Great  Meadow,  13,  14.  80,  34,  671 ;  settlement 
on,  27 ;  garrison  at,  attacked,  35,  30 ;  descrip- 
tion of  fort  at,  69  ;  appearance  of,  70 ;  fort  at, 
turned  into  a  dwelling,  92.  93. 

Great  river,  786.    Same  ax  Ccmn/'cticut  river. 

Green  Mountain  Boys,  226,  284.  337,  8.38, 
3:39,  353,  863,  497,  567,  654,  729;  corps, 
462. 

Guildhall,  when  chartered.  120. 

Guilford.  311,  361.  421,  427.  4.32,  4.38,  510,  597, 
674,  684,  704;  when  chartered,  110,  111; 
grants  in,  141,  171,  172 ;  militia  of,  224,  227, 
436,  450,  753,  772,  773 ;  committee  of,  295, 
817, 322. 835,  359, 461. 471,  478;  sentiments  in, 
825.  423,  500,  501,  755;  tax  levied  on  citizens 
of  336 ;  election  at,  368 ;  drafts  in,  373 ;  in- 
cident at,  378 ;  address  from,  415 ;  represen- 
tation from.  416,  417,  538  ;  town  meeting  at, 
420,  424,  532  ;  a  republic,  423;  loyal  to  New 
York,  424 — 426, 435, 450,  4^l^4^7;  jiroceedings 
at,  444,  445,  475,  470,  477,  4S'.'.  .io5,  ,507,  520; 
rebellion  at,  440;  sympathy  for,  451;  foray 
at,  452,  453,  455;  liberality  of  the  people  of, 
490;  letter  to  the  citizens  of,  5()9 :  fight  at, 
516  —  519;  troops  stationed  at,  521,  527; 
Daniel  Spicer  killed  at.  528  —  531;  jjardon 
of  citizens  of,  5:36;  census  of,  745. 

Guilfordites,  419,  425,  531 ;  their  patriotism, 
243;  their  attachment  to  New  York,  368; 
their  fear,  444;  Allen's  proclamation  to 
them,  445 ;  their  arrest,  508,  509. 

Halifax,  361,  421,  427,  432,  719;  when  char- 
tered, 90,  97;  friendlv  to  New  York,  269, 
310;  disturbance  at,  S'lO,  444,  448,  511;  sen- 
timents in,  325.  423,  755;  committee  of,  359, 
401, 471 ;  drafts  in,  373  ;  alarm  at,  397 ;  town 
meetinir  at,  420;  militia  of,  436;  submission 
of  the  "citizens  of,  503;  troops  at,  514,  517; 
census  of,  745;  militia  of,  772,  773. 

Hardwiek,  698, 

Hartford,  411,  486;  when  chartered,  112; 
grants  in,  141 ;  favors  a  separation  from 
New  York,  276;  census  of,  745;  militia  of, 
771. 

Hartland,  C9S,  699 ;  when  chartered,  114,  115 ; 
rioters  from,  548 ;  fight  at,  549,  550. 
See  I/ertfvrd. 

Harv.ard  college,  691,  708. 

Hatfield  attacked,  8,  9. 

Haverhill  burned,  12. 

Hawks's  Garrison,  67. 

Hazen  road,  412. 

Herkimer  county,  546. 

Hertford,  now  Hartland,  828;  when  settled, 
114,  115;  grants  in,  141 ;  ro.id  to  Chester 
from,  177;  troubles  at,  429,430;  census  of, 
745;  militia  of,  771. 

Highway  robbery,  punishment  of,  575,  576. 

Hill,  Fort,  27,  68. 

Hinsdale,  now  Vernon,  311,  861,  420,  507;  fort 
at,  20;  when  chartered,  101,  102,  103;  title 
t<i  lands  in,  170,  171;  committee  of  295,319, 
834,  :359;  legal  investieation  at,  317,  318; 
sentiments  in,  825,  75i5;  census  of,  746; 
militia  of,  77.3, 

Hin.sdell's  or  Hinsdale's  Fort,  27,  48, 49,  52, 53, 
76,  248,  730 ;  attack  on  the  soliliers  of,  77, 78 ; 
rangers  at,  85,  706. 

Hinsdell's  mill,  skirmish  at,  36. 

Horse-racing,  punishment  of,  577. 


TY8 


INDEX   OF    SUBJECTS. 


Hospital  Point,  proposed  as  a  county  town, 
132. 

Incest,  punishment  of,  574,  575. 

Indian  road,  21,  33,  41. 

Indian  Kock  at  Brattleborough,  5Sft— 591. 

Indians.  546,  669 ;  treaty  with,  24,  544, 670, 672, 
736— 73S;  vestiges  of,  124,  5S6 ;  incursion  of, 
at  Barnard,  382  ;  attack  of,  on  Koyalton, 
3S3— 395;  false  alarm  concerning,  39t>— 399; 
depredations  of,  412 ;  settlements  of,  5S5 — 
587  ;  picture-writins  of,  587 — 592. 

Industry,  benefits  of,  572. 

Iroquois  Indians,  6,  5S5. 

Jail,  description  of,  at  Chester,  173—175, 177 ; 

description  of,  at  Westminster,  185, 29S. 
Jamaica,  grant  of,  642. 
Jericho,  grants  in,  546,  547. 
John  street  theatre,  712. 

Kent,  census  of,  745. 

Kilbura's  Fort,  account  of  the  fight  at,  74,  739 

—742. 
Kingsbury  county  proposed,  132. 
Kingsbury,  town  of,  proposed  as  a  county 

town,  132. 
King's  college,  140. 
Kincsland,  a  county  town,  160 ;  location  of, 

161, 17S. 
King's  Own  regiment,  618. 
King  William's  war,  92, 

Land  Office,  proceedinss  of  the  commission- 
ers of  the  New  York%  544—546,  757—760. 

Lands,  method  of  granting,  140,  141,  170. 

Lawful  authority,  act  to  uphold,  345,  346. 

Lead,  its  value.  264. 

Letter,  punishment  of  wearing  a,  575. 

Lcxinirtoii,  battle  of.  751. 

Libelbius  li-ttt-rs,  731,  732. 

Libertv-nien,  227. 

License  laws,  ls9, 100,  57S,  579. 

List  of  civil  and  military  officers,  762 — 773. 

Lond<vnd<Trv,  249,  770;  probably  the  scene 
ofMi-lvin'sfisht,  42. 

Lord's  day,  observance  of,  569,  579,  580. 

Loyalist,  679,  696,  720,  728,  724. 

Lucas's  Garrison,  67. 

Lunenburgh,  585 ;  settlement  at,  124;  charter 
of,  657,  658. 

Lying,  punishment  of,  577. 

Lyme,  kindness  of  the  people  of,  302. 

Manchester  county  proposed,  1!32. 

Manchester,  town  of,  report  concerning,  481 ; 
convention  at,  bdH. 

Manslaughter,  punishment  of,  574. 

Maquas  Indians,  16. 

Markets,  law  establishing,  192.  193. 

Marlborough,  427,486;  conflict  with  the  In- 
dians at,  45 ;  when  chartered,  97,  679,  6so ; 
a  half  sliire  town,  186,  404;  incidents  at,  276, 
441  —  443;  sentiments  in,  32.i,  756;  men 
drafted  at,  372,  373  ;  history  of.  395  :  excite- 
ment at,  .397—399;  soldiers  at,  440.  .514,  517; 
superior  court  at,  452 — 455,  492 — 495,  5S2 ; 
committee  of,  461,  471 ;  militia  of,  616 ; 
pardon  of  citizens  of,  ,536;  a  preacher  at, 
691;  letter  from,  694;  early  settlers  of,  728, 
729;  census  of,  745. 

Ma.seesqueeg  or  Scatacook  Indians,  18, 2-J. 

Massachusetts,  northern  boumlary  line  of, 
settled,  60;  claim  of, 306, 307,  365;  adjudica- 
tion on  the  claim  of  364,  36.5,  596  ;  sympathy 
of.  450,  451, 479, 519.  530, 5.-i3 ;  correspondence 
with,  5  !1 ;  idea  of  annexing  Vermont  to, 
681 ;  grants  bv,  735,  736. 

Massachusetts,  Fort.  33,  .34,  52,  54,  61,  62,  66, 
67,  70,  81,  83.  91 ;  force  of,  increased,  39. 

Massacre  at  Westminster.  209—241,  39\  409, 
410,  609,  635,  636,  639,  643,  645,  646,  673,  674, 


678,  679,  6S0,  695,  699,  706,  719,  720,  726,  730, 

746—755. 
Masting  trees,  reserved  for  the  use  of  the  king, 

14;H,  144 ;  malicious  prosecution  for  cutting, 

146—158. 
Meeting-house,  description  of  a,  211 — 214. 
Middlebury  college,  598,  662. 
Military  officers,  list  of,  770—773. 
Military  road  across  Vermont,  91,  92. 
Militia  laws,  332,  333,  423,  581. 
Mill  prison,  406. 
Mob,  name  given  to  the  Americans,  216,  219, 

234. 
Mohawk  Indians,  7 
Montiidiiiery  county,  546. 
^Moiitiiilier,  3s3;  Indians  encamp  near,  390. 
Mooretown  or  Moretown,  123,  160,  328.     See 

Br  ud ford. 
Morri.-on's  Garrison,  67. 
Mount  Independence,  camp  at,  667. 
JSIurder,  574. 
Mutilation,  674. 

Nassau  Hall,  700. 

Nepisinques  Indians,  66. 

Neutrals,  822 ;  number  of,  825,  755,  756. 

Newburv,  404,  408,  5S5;  incidents  connected 
with  the  settlement  of,  124—126,  666;  pro- 
posed as  a  county  town,  132 ;  grants  near, 
141;  selected  as  a  county  town,  161;  a  mili- 
tary station,  275,  800  ;  shire  of,  315,  326 ; 
plan  to  attack,  383,  384;  Indian  settlements 
at,  586, 587, 

New  Connecticut,  alias  Vermont,  283,  288, 
566,  573. 

Newfane,  311,  420;  the  supposed  locality  of 
Melvin's  fight,  42  ;  when  chartered,  99, 100, 
675;  a  county  town,  186;  sentiments  in, 
825,  756;  miliUa  of,  346;  false  Indian  alarm 
at,  396.  397 ;  superior  court  at,  582.  5S3,  662 ; 
incident  at,  709,  710;  census  of,  745. 

New  Flam.stead,  now  Chester,  633,  634,  638, 
639 ;  when  chartered,  109  ;  proposed  as  a 
county  town,  132,  133. 

New  Hampshire,  559,560,596;  limits  of  in- 
creased, 25;  dispute  concerning  tlie  Ncav 
Hampshire  Grants,  between  New  York  and. 
128,  243;  boundaries  of,  129,  180,  418 ;  juris- 
diction on  the  "  Grants,"  of,  191 ;  union  with 
Vermont  of  .sixteen  towns  in,  325,  827 ;  ad- 
vice to,  364,  365;  dismemberment  of,  402, 
417,  750,  751. 

New  Hampshire  Grants,  463,  486, 487,  679, 719, 
722,  728,  729;  disputes  concernins,  12s,  510, 
530,  533,  595,  606,  751;  included  in  Albany 
county,  131.  76:5,  765;  attempts  to  divide, 
132 — 134:  military  and  civil  condition  of, 
135,  136,  770;  petition  of  the  inhabitants  of, 
169,170;  effects  of  tlie  controversy  concern- 
iniT,  172,  173,  562,  565;  road  tlnougli  a  por- 
tion of,  194;  patriotism  of,  2o5;  idea  of 
formins  a  state  in,  244,  254,  260,  268,  269, 
401;  alienation  of,  281;  formed  into  the 
state  of  Vermont.  2'>3,  566,  .56s;  ndlitia  of, 
ordered  to  report,  305;  jirotest  against  the 
separation  of,  311— :514  ;  resolves  of  Con 
gress  respecting,  865,  364,  .365,  470,  472 ;  affi- 
davit con<-ernins,  874 ;  titles  to  land  on,  42' 
report  relative  to,  522,  523;  early  settler  on, 
583;  submission  of,  611 ;  property  owned  on, 
626,627;  surveyor  on,  644.     See  Gr(nitK. 

New  Marlborough,  \vhen  chartered,  97,  679 ; 
road  through,  194. 

New  Netherlanil,  northern  limit  of,  128. 

New  Stamford,  road  through.  194. 

New  state's  men,  310,  320,  373,  528. 

New  Taunton  or  Number  One,  now  Westmin- 
ster, terms  of  the  grant  of,  58—61. 

New  York,  di.sputes  concerning  the  New 
Hampshire  Grants  between  New  Hamp- 
shire and,  128, 129,  298;  boundiiries  of,  130, 
561;  dislike  to  the  jurisdiction  of,  216,  24.3. 


INDEX    OF   SUBJECTS. 


779 


268,  269,  276:  ordered  to  raise  men,  256; 
opinions  relative  to  a  separation  from,  275 
— 27S,  325,  755—757;  alienation  from,  2S1, 
232;  enmity  between  Vermont  and,  8iM — 
806,310;  denial  of  the  jurisdiction  of  Ver- 
mont by  friends  of,  310 — SIS;  correspond- 
ence concerning  the  ri-rhts  of,  320—825; 
persecution  of  the  subjects  of,  3:36,  370;  de- 
fiance to,  345,  354;  delesiation  from,  ;i49,  350, 
353,  355,  362,  3S1,  457,459,  4m;  advice  to, 
864,  365,  467;  elections  of,  36S,  369;  peti- 
tions to  the  Losislature  of,  376.  415, 41s.  .510, 
541,  542,  5.52,  6(l6,  6<)7.  Osi;  disnu-ndxrimnt 
of,  403,  417;  determination  of  the  friends  of. 
43.S;  commissions  from,  450;  condition  of 
the  friends  of,  4^,  .5(i6,  507,  519  ;  .icts  con- 
cerninor  the  citizens  of.  5(l2,  503, 5:?4,  5=35, 54;?, 
544;  proceedings  and  acts  of  the  Legislature 
of,  361,  362,  461,  522  —  525,  boii,  5M,r&\  Ji,")!*, 
560.  564,  565.  674,  760:  grants  of  land  to  the 
suttering  citizens  of,  542 — 547,  757 — 760;  ad- 
mission of  Vermont  into  the  Union  lavored 
by,  55:3 — 564;  adjudication  concerning,  596; 
Council,  719. 

New  York  Committee  of  Safety,  283,  649,  720, 
749. 

New  York  Convention,  263,  26S,  2S4,  2S5; 
commission  from,  266:  proceedings  of,  270 
—274.  2S9— 294.  649,  772;  obnoxious  letter 
to,  277,  27S ;  loan  bv,  2*2. 

New  York  Council  of  Safety,  299;  letter  of, 
293. 

New  York,  General  Assembly  of,  representa- 
tives in,  ISS,  6o5,  64.5,  767 ;  remuneration  of 
representatives  in,  193;  last  meeting  of,  195, 
196  21S  2.3S 

New  Vi.rk;  Provincial  Congress,  245,  24S,  249, 
256.  2*4,  ftlO,  &41,  644,  647,'  64S,  729,  762,  766, 
770,  771,  772 ;  delegates  in,  246.  247.  250, 2.54, 
25S,  72S,  767,  770;  letter  to,  260,  261:  name 
changed,  263 ;  extracts  from  journals  of,  264, 
749. 

New  York  Provincial  Convention,  244,  247, 
649,  762. 

Night-walking,  punishment  of,  573. 

Northtield.  67,  24-1,  670,  671;  settlement  at,  7; 
de[)redations  at.  8,  52  ;  abandoned,  10. 

North  Haven,  first  settler  of,  594. 

Norton's  tavern,  630,  631 ;  a  representation  of, 
221. 

Norwalk,  burning  of,  696. 

Norwich,  32S,  6l2,  703 ;  first  called  Norwhich, 
112;  settlement  of,  113;  a  shire  town,  404; 
census  of,  745. 

Number  One  or  New  Taunton,  now  Westmin- 
ster, terms  of  the  grant  of,  5S — 61,  lol :  list 
of  the  grantees  or  proprietors  o^  733,  739. 

Number  Two,  now  liiK-kingham,  lill. 

Number  Three,  now  Waipole,  fort  at,  740. 

Number  Four,  now  Charlestown,  27,  31,  3=3,  36, 
41,  43,  4,5,  49,  52,  5:3,  54,  61,  62,  34,  39,  90,  91 ; 
attacked  and  valiantly  defended,  33 ;  other 
attacks  on,  39,  40,  64. 

Oath,  required,  581 ;  commissioners  to  admi- 
nister, 763,  768. 

Oneida  Indians,  546. 

Oorondiix  Indians,  .34 

Orange  county  (N.Y.),  291;  exposed  to  attack, 
2641 

Orange  county  (Vt.),  4,  6,  143,  161 ;  boun- 
daries of,  403,  404. 

Order  of  King  in  Council,  of  .Tulv  20th.  1764, 
lis,  122,  1:30,  145,  146,  169,  170,  i71,  191,  201, 
859,  562,  606,  679. 

Orleans  county,  & 

Pardon,  offers  of.  34T,  843. 

Paris,  peace  of,  723. 

Peach.im,  412;  incursion  at,  405,  406,  663. 

Pelham,  Fort,  33,  40,  67. 


Pennsylvanni.a.  similarity  between  the  consti- 
tution of  Vermont  and  that  of,  667. 

Penobscot  Indians,  62. 

Perjury,  punishment  of,  576. 

Philip's  war,  7,  8. 

Picture  writing  <if  Indians,  M7 — 592. 

Pigwacket,  fight  at,  5S5. 

Pillory,  punishment  of  the,  576,  532, 583. 

Pitt  county  proposed,  132. 

Plymouth,  when  chartered,  113. 

Poetic  account  of  the  Westminster  Massacre, 
234,  2:35,  752. 

Polygamy,  punishment  of,  575. 

Poinfret,'411,  4S6;  when  chartered,  107,  114; 
minister  at,  699;  census  of,  745;  inilitia  of, 
771. 

Poor  law,  530. 

Population  of  the  New  Hampshire  Grants, 
130,  131,  1:34.  1:35,  137,  183,  745. 

Pownal,  when  chartered,  93;  road  through, 
194. 

Presents  to  the  Indians,  34,  85. 

Presidential  elector,  662. 

Press,  freedom  of  the,  571. 

Profanity,  punishment  of,  577. 

Propagation  of  the  gospel,  society  for  the,  743. 

Protestant  religion,  569. 

Putney,  311,  ;361,  :37.5,  .376,  420,436,  677,698; 
when  chartered,  63,  94,  697  ;  incidents  con- 
nected with  the  settlement  of,  95,  96,  106, 
103,695;  grants  in,  141;  riots  at,  172,  173, 
130,  652;  anger  of  the  people,  224:  disaffec- 
tion in,  251,  252;  committee  of,  295,  .335, 
359,  695;  sentiments  in.  325,  756;  rescue  at, 
3:34,  3:36,  310;  citizens  oi;  arrested,  3-39; 
election  prevented  at,  1369;  drafts  in,  873; 
false  alarm  at,  396— ;399 ;  militia  of,  515, 772, 
773;  church  at,  696;  census  of,  745. 

Pvpowder,  courts  of,  meaning  of  the  name, 
193. 

Randolph,  Indians  encamp  in,  .333;  incursion 
at,  390,  392. 

Kangers,  life  of,  71—73 ;  established,  264,  265, 
772;  command  of,  266  —  268;  conduct  of, 
270.  271,  236-289;  report  concerning,  273— 
275;  disalfection  among,  279 ;  wages  of,  paid, 
282 ;  ordered  to  march,  299,  ;300. ' 

Rape,  574. 

Kaynham  Hall,  name  proposed  for  Wood- 
stock, 116. 

Readesborough,  road  through,  194. 

Reading,  when  chartered,  11.3,  323;  comme 
morative  stones  at,  65,  66,  591. 

Regulators,  551. 

Religion  protected,  569,  573. 

Rescue  at  Putney,  :3:34. 

Rice's  Fort,  ,3:3,  67,  7:3,  86. 

Riots,  severe  acts  to  prevent,  840,  341,  344, 
576 

Road  laws,  1.38,  139,  139,  194, 195. 

Roads  from  Lake  Champlain  to  Connecticut 
river,  21,  22,  23,  32,  51,  64,  75,  33,  84,  85,  91, 
92. 

Rockingham,  311,  .328,  .361,  420,  423;  when 
chartered,  100,  101,  104;  meeting  of  civil 
otficers  at,  1:35;  settlements  at,  173;  efforts 
to  make  it  a  county  town,  179;  patriotism 
of,  217,  213,  224.  2:33;  frien<lly  to  a  new  state, 
269;  committee  of,  ;3:35,  :3.59 :  disturbance  at, 
336;  remonstrance  from,  4;i9.  410;  militia 
of,  515.  75:3,773;  census  of,  745;  representa- 
tives from,  754;  sentiments  in,  756. 

Royal  tavern.  221,  222. 

Roval  ton,  33:3,  554;  the  attack  on  and  burn- 
ing of,  334—395. 

Rutland  county,  troops  assemble  from,  440, 
551. 

Rutland,  town  of,  trial  at,  329,  i^-SO;  Council 
meet  at,  527 ;  outbreak  at,  551 ;  General 
Assembly  meet  at,  563. 

Ryswick,  peace  of,  9. 


780 


INDEX    OF    SUBJECTS. 


Sabbath,  observance  of,  569,  679,  580. 

Saltash,  former  name  of  Plymouth,  113. 

San  Coick,  attack  on,  66. 

Sartvvell's  Fort,  26,  27 ;  tavern.  166. 

Baturdav  cveninfr,  observance  of,  580. 

Scatacook  Imiians,  IS,  2-3. 

Scoutiiii:  cxinMlitions,  routes  of,  18,  19;  or- 
ganized, 89  ;  journal  of,  670,  671. 

Sculptures  by  the  Indians,  587 — 592. 

Service,  a  punishment,  332,  341,  577. 

Sharon,  828 ;  when  chartered,  116;  Indian  in- 
cursion at,  386,  -337,  392;  census  of,  745. 

Shays  Rebellion,  530,  709,  711. 

Sheldon's  Fort,  33,  67. 

Sheriff,  law  conceruins  his  duties,  192. 

Shirley,  Fort,  33,  36,  40,  45,  67. 

Sodom  V,  574. 

Siuis  cif  Liberty,  196. 

SouMclintr-liciard,  account  of  a,  212. 

South  Carolina,  maritime  condition  of,  658, 
659. 

Sprinfrfield,  361;  when  chartered,  116;  diffi- 
culties of  settling,  117 — 119 ;  early  militia 
company  in,  135;  agreement  signed  ,it,  248; 
sentiments  in,  325,  428,  756 ;  committee  of, 
3.35,  359 ;  town  meeting  at,  634 ;  census  of, 
745;  militia  of,  771,  77-3. 

Squakheag,  settlement  at,  7. 

Stanwi.x,  Fort,  544. 

Sterling  county  proposed,  132. 

St.  Francis  Indians,  44,  62,  586. 

Stillwater  proposed  as  a  county  town,  132. 

Stocks,  punishment  of,  577,  578.  579,  580. 

Stratford,  328 ;  deserters  from,  302. 

Supply  bill,  674,  702. 

Swanzey,  attack  on,  7. 

Swine,  law  to  prevent  damage  by,  193, 194. 

Taunton  river,  writing  rock  on,  588,  589. 

Tavern-haunter,  punishment  of  .a,  578. 

Taverns,  courts  held  at,  195,  196. 

Taylor's  Garrison,  67. 

Tender  act,  551. 

Theft,  punishment  of,  577. 

Thetford,  328 ;  when  chartered,  116;  deserters 
from,  302;  a  shire-town,  404. 

Thirty  thousand  dollars,  act  granting  the  sum 
of,  to  New  York,  561,  564;  division  of  the 
sum  of,  565,  633,  676,  761,  762. 

Thomlinson,  now  Grafton,  when  chartered, 
111. 

Ticonderoga,  287,  729;  attack  on  feared,  275, 
285,  567;  evacuated,  297.  301,  308;  troops 
march  to,  800 ;  events  at,  405,  641,  667. 

Timber,  law  concerning  the  destruction  of, 
191. 

Tinmouth,  consultation  at,  555. 

Tioga  county,  546. 

Tory,  216,  217.  218,  220,  221,  222,  224,  233,  275, 
29.3,  3-35,  360,  397,  398,  412,  608,  613,  624,  627, 
639,  647,  674,  696,  701,  702,  751,  752. 

Townshend,  when  chartered,  101 ;  agreement 
signed  at,  248 ;  militia  of,  515,  641 ;  early  in- 
habitants of,  640;  representative  from,  642; 
census  of,  745. 

Treason,  punishment  of,  573,  574. 

Treaty,  renewal  with  the  Indians  of  a,  24,  736 

Trenton,  battle  of,  803. 

Tryon  county,  275,  291 ;  fairs  in,  193;  exposed 

situation  of,  264. 
Tuiii|i-line,  47. 

Tuiitjridgf,  Indian  depredations  at,  384,  392. 
Tuscarora  Indians,  546. 

Ulster  county,  291 ;  exposed  to  attack,  264. 
Unity  county,  3,  5,  315. 
University  of  Vermont,  708,  709. 
Utrecht,  treaty  of,  13. 

Vermont,  division  into  counties  of,  1 — 6; 
early  reference  to,  6;  first  settlement  in,  16; 


second  sett.ement  in,  24;  ilerivaticn  of  the 
principles  of  the  laws  of.  139,  573.  674;  first 
convention  within  the  limits  of.  (ii.p<ised  to 
Great  Britain,  197—2(10  ;  funruMl  into  a  state, 
283;  constitution  of,  297,  80S,  8:.'o,  828,  829, 
566—572,  702,  703 ;  opinions  concerning,  298, 
363,  369,  413,  414,  424,  471:  eniiiitv  l>etween 
New  York  and,  804  —  806,  810;'. ailed  an 
ideal  state.  324;  union  of  New  Himipshire 
towns  with,  825,327,402,750;  militia  laws 
of,  832,  388,  423,  581;  laws  of,  d.ticd,  388, 
425,  426 ;  refusal  to  serve  in  the  militia  of, 
856,357;  advice  to,  865 ;  supposed  determi- 
nation of,  874;  negotiations  between  the 
British  and,  38ii,  3sl,  4lis,  412 — 114,  416,  419, 
421,  422,  461,  464,  479,  4.s5,  5(i3,  50s,  72(1,  721 ; 
exposed  situation  of,  SS'i,  883;  unicm  of  New 
York  towns  with,  403,  417;  peculiar  situa- 
tion of,  412 ;  condemnation  of  the  resolves 
of  December  5th,  1782,  by,  4T8,  479,  481 ; 
power  of,  495 ;  gathering  of  the  troops  of, 
515;  sentiments  in,  538;  land  granted  to 
the  sufferers  by,  542 — 547;  admission  into 
the  Union  of,  553 — 505;  division  line  be- 
tween New  York  and,  561 ;  criminal  code 
of,  574—580;  Indians  of,  58.5— 59-3. 

Vermont  Council,  314,  315,  598,  6li2.  632,  639, 
662,  674,  675,  698;  determination  of,  838; 
measures  of,  34i;— 349,  439,  44(1,  45n,  458. 475, 
476,  477,  47»,  4^5,  491,  498,  500,  5ul,  5(l2,  518, 
526,  527,  584,  572,  5y6 ;  letter  to,  781 ;  re- 
quest to,  75(1. 

Vermont  Council  of  S.afety,  299,  626,  627. 

Vermonters,  801,  805,  322,  338,  834,  386,  378, 
877,  415,  417,  427,  428,  434,  4;35,  440.  44;3,  444, 
44S,  450,  462,  457,  459,  471,  474,  475,  476,  478, 
479,  4s0.  4bl,  487,  4s9.  500,  505,  6(i6,  508,  509, 
512,  518,  514,  515,  516,  517,  518,  519,  524,  528, 
529,  630,  53s,  589,  545,  683 ;  number  of,  825 ; 
dctei-minaticjn  of,  838. 

Vcrmiint,  General  Assembly  of,  80s.  309,  812; 
address  to,  311 ;  first  session  of,  314,  315, 689 ; 
acts  of,  827,  328.  831,  382,  338,  886,  340,  341, 
344,  345,  846,  356,  402,  408,  408,  410,  411,  423, 
432,  433,  4=38,  439,  449.  45(i,  482,  49(i,  491,  501, 
502, 625—528.  531,  538,  5:^,  536,  537,  539,  540, 
548,  561,  559,  661,  564,  567,  568, 572-583,  627, 
637,  662,  687,  688,  703,  724,  754,  755 ;  grants 
by,  869,  370;  petitions  to,  419,  510,  518,  586, 
636,639,688;  accus.ation  atrainst,  461 ;  letter 
from,  483 ;  resolutions  of,  5u6,  642.  704 ;  com- 
missioners appointeil  bv,  502;  members  of, 
598,  602,  639,  642,  669,  "675,  697,  698,  781; 
negotiations  with,  709. 

Vermont's  Appeal,  a  pamphlet,  596 ;  extract 
from,  750. 

VeriKin,  disastrous  affair  at  the  meadow  in, 
74—77;  when  chartered,  101, 102, 103;  early 
Settler  of,  706. 

"VS'ages  and  rations  of  soldiers,  83, 34,  89,  40,  61, 
71. 

Walpole,  633;  patriotism  of  224 ;  meeting  at, 
401 ;  Indian  fisht  at,  74,  739—742  ;  epitaph 
at,  742 ;  ndlitia  of,  758. 

Wantastiquet  river,  sculptures  on  the  bank  of, 
588—592. 

Washington  county  (N.  II.),  404. 

WashinL'ton  cmmty  (N.  Y.),  555. 

'VV^asllingt(ln  county  (Vt),  6. 

Wasliington,  town  of,  formerly  the  township 
of  Kingslanil,  161. 

'R'eatlierstield,  811,861,420,667;  when  char- 
tereil,  119;  grants  in,  141;  agreement  sign- 
ed at,  248;  committee  of,  295,  335,  369;  sen- 
timents in,  325,  766;  supjiosed  inscriptions 
at,  591,  692;  census  of,  745;  militia  of,  771, 
778. 

'Wedding,  a  curious,  586. 

■Wells  river,  fort  at  the  mouth  of,  19. 

"Westchester  countv,  701, 702. 

Western  Union,  408, 415, 418,  419, 421, 423, 468. 


INDEX   OF   SUBJECTS. 


781 


West  Fair'.ee,  formerly  ft  part  of  Falrlee,  120. 

Westminster,  811,  Si-i,  380,  861,  3T5,  376,  39T, 
40S,  420,  4>8,  60i  605,  640,  662;  terms  of  tlie 
grant  of,  B8— 61 ;  de^ortid.  6S ;  clmrter  re- 
newed, 93,94;  inn  at,  14S,  221 ;  attempts  to 
make  it  a  eounty  toWn,  179,  1S2 ;  .shire  of, 
18i  815,  326 ;  court  house  at,  135,  186, 192  ; 
roads  to,  194;  .supervisors  to  meet  at,  195; 
conventions  at,  197,  198,  202,  204-208,  249, 
250,  254,  771  ;  resolves  of  eonvi-ntion  at,  199, 
200;  massacre  at,  209-241,  398.  409,  410, 
609,  635.  636,  639,  648,  645,  646.  673.  674,  678, 
679.  680.  695,  699,  7o6,  719.  72(i.  726.  730,  746 
—755;  old  meetinj,;  house  at,  211— 214;  ttist 
settled  minister  at,  211,  732;  court  to  meet 
ot,  217 ;  hostile  a.ssembla:;e  at,  213 — 221 ; 
militia  ffathcr  at,  224,  225,^226;  .account  of 
those  killed  at,  227—231;  incidents  con- 
nected with  the  massacre  .at,  232 — 235;  re- 
sults of  the  massacre  at,  2:36 — 241,  258 ; 
meeting  of  committees  at.  243.  244,  641,  754 ; 
county  congress  at,  245,  246,  655;  manifesto 
from,  251,  252;  county  committee  of  safety 
at,  257—263,  277,  294 ;  convention  est;iblish- 
Ing  Vermont  meets  at.  283,  285,  292;  com- 
mittee of,  295.  835.  859 ;  Yorkers  confined 
at,  339.  446.  455,  488,  519 :  trial  of  Yorkers 
at,  840-345.  349,  506,  509 ;  letters  written 
from,  845,  719 ;  defences  recommended  at, 
854;  General  Assembly  meet  at,  869;  a 
half-shire,  404;  superior  court  held  at,  411, 
446—452,  456,  520,521,505;  militia  of,  445, 
615,  772,  773;  occurrences  at,  478,  788,  734 ; 
ex.amination  at,  536 ;  strange  burial  at,  583, 
684,  637;  curious  weddini;  at,  585;  office 
holders  from,  597,  598;  list  of  the  proprie- 
tors of,  789,  742,  743 ;  census  of,  745 ;  senti- 
ments In,  756. 

West  river,  sculptures  on  the  bank  of,  588 — 
592;  notice  of.  670,  671. 

Whis,  216.  217,  218,  219,  220.  222.  223,  224,  227, 
288,  238,  635,  668,  666,  679,  753,  753. 

Whippins  post,  punishment  at  the,  582,  583. 

White  Plains,  incidents  at,  701,  702. 

Whltins,  road  through,  194 ;  militia  of,  346. 

Willard's  hill,  61. 

William  Henry,  Fort,  capture  of,  S5,  86. 

Williams's  Garrison,  67. 

Wills,  law  regarding  the  probate  of,  190. 


Wilmington.  453,  454;  when  chartered,  99; 
militia  of,  515,  516;  cen.5us  of,  745;  senti- 
ments in,  756. 

Windham  county,  1, 4, 6,  40.3, 404, 429.  626,  708 ; 
oflice-holders  in,  408,  4i»9,  597,  640.  642,  675, 
696,  702,  709 ;  court  of,  415,  419,  488 ;  pre- 
sentment to  the  grand  jurors  of,  426.  694; 
military  brought  into  requisition  in,  439,  44i), 
4s2,  501.  528;  condition  of,  461,  462.  479.  502, 
5o3.  525,  581,535,  641,  597;  delegate  from, 
527  ;  ciiarge  to  the  grand  jurors  of,  662 — 665 ; 
election  in,  750. 

AVindsor  county,  1,  4,  5,  408,  404;  court  house 
for,  584;  troops  gather  in,  551;  otBcers  of, 
602. 

Windsor,  town  of,  .328.  408,  582.  651,  708,  754; 
when  chartered,  113,  114,  146;  grants  in, 
141;  noted  for  its  white  pines,  146;  mali- 
cious prosecution  against  citizens  of,  for  cut- 
ting masting  timber,  147  — 158;  riotous 
behavior  of  the  people  of,  161 — 168;  con- 
duct of  people  of,  reprobated,  169;  road  to 
Chester  from,  177;  conventions  at,  255,  267, 
268,  288,  772  ;  convention  at.  disapproved  of, 
295—297;  constitution  of  Verniont  adopted 
at,  297,  80S ;  first  session  of  General  Assem- 
bly meet  at,  309,  314  815;  General  Assem- 
bly meet  at,  844,  345,  564  568 ;  proclam.ation 
dated  at,  848;  a  shire  town,  404;  condition 
of,  461,  462;  statement  prepared  at,  530; 
court  house  at,  534;  disturbance  at,  54S— 
551,725;  fourth  of  July  at,  713 ;  census  of, 
745;  militia  of,  771. 

Woodstock, 828 ;  when  chartered,  115;  rioters 
from.  550;  census  of,  745;  militia  of,  771. 

Worship,  right  of,  569. 


Vale  college,  14  594  708. 

Yorkers,  305, 322. 334, 336. 842. 843. 844  346.  354 
855,  357,  ;358,  859,  36^,  «fi9,  370,  371.  372,  373, 
375,  376,  379,  413,  421,  424,  425,  452.  454,  435, 
459,  440,  444.  445,  446.  447.  449,  450,  451.  452, 
457,  468,  474,  475,  476,  477.  479.  481.  487.  500, 
501,  502,  503,  504.  505.  508,  5o9,  510,  511.  513, 
515,  516,  517,  518,  519,  520,  521,  522,  525.  626, 
627.  528,  530,  531,  5:52,  5:54,  5:55,  566,  597,  68-3, 
684,686,  6s7,  751,  756;  number  of,  325;  de- 
termination of,  338 ;  rage  of,  339. 


INDEX    OF    PERSOi^S. 


Abbott,  James,  126. 

Abeel,  James,  3.  554.  565,  761. 

Adams,  John.  662,  75S ;  remark  ot  348. 

Adams.  Simeon,  728. 

Adams.  Thomas,  85,  86. 

Addarawanset,  7. 

Addinston.  Isaac,  736. 

Adgate.  Matthew.  418.  524 

Allien,  Edward.  2d..  257. 

Aiken.  Solomon.  548. 

Albee,  Jacob.  75-3. 

Albee.  John.  753. 

Aldrich.  Gen.  George,  69. 

Ale.\ander,  Aaron,  first  person  born  In  Putney, 
69. 

Alexander,  Ebenezer.  40,  42.  48,  102. 

Ale.Kander.  John.  78.  104,  743,  758,  772,  773; 
trial  and  fine  of.  453. 

Alex.iiider,  Jonathan,  773 

Alexander,  Jonathan  S.,  759. 

Alexander,  Joseph.  742. 

Ale.xander,  Philip.  69,  95. 

Allen,  Ebenezer.  562. 

Allen,  Ethan.  22.5.  237,  243,  244,  316,  849,  351, 
353,  SM.  449.  455,  4o6,  463.  519.  596,  684,  724, 
732.  7.^4;  e.xtract  from  his  writings.  102,  5-35; 
anecdotes  of,  221,  342,  34;?,  600,  629-6.31; 
threats  of,  338;  leads  the  Vermonters  a»:ainst 
the  Yorkers,  839;  ideas  entertiiined  of,  340, 
452;  a  brigadier  general.  .346;  ordered  to 
quell  an  insurrection,  440;  arrest  by,  443 
444;  his  terrible  proclamation,  445;  his 
boasts,  451;  conversation  ot,  497;  refuses  to 
subscribe  a  test  creed,  570 ;  reward  for,  607 ; 
marri^e  and  children  of,  681 ;  letter  from, 
729. 

Allen,  Heman,  254,  268,  269. 

Allen,  Ira,  513,  562,  596 ;  elected  state  treasurer, 
814;  writs  issued  by,  339;  letters  from,  344, 
845;  embassy  of,  48S;  ordered  to  quell  an  in- 
surrection, 440 ;  sent  to  make  an  .arrest,  441 
— 443  ;  agent,  5.89 ;  a  commissioner,  .559 ;  his 
advice,  626;  extracts  from  his  history  of 
Vermont,  644.  724,  752;  extracts  from  a 
pamphlet  of,  750. 

Allen,  James,  160. 

Allen,  Joseph,  Jr.,  97. 

Allen,  Josiah.  778. 

Allen,  Newman.  87. 

Allen,  Samuel.  96,  743. 

Allison,  t'ol.  William,  649. 

Alvord,  Elijah,  206,  257. 

Alvord.  John,  690. 

Ames,  Lemuel,  75.3. 

Ames,  Luther,  97. 

Amherst,  Gen.  JeflFrey,  89,  91,  92. 

Amsdsn,  Thomas,  230. 


Amy,  Mlcah,  120. 

Anderson,  Samuel.  194 

Andrews,  Pvev.  E.  D..  70,  95,  96. 

Andrews,  Edmond,  788. 

Andrews.  John  738. 

Andros,  Mr.,  58. 

Andros  or  Andross,  Bildad,  16-3,  223;  8tat«- 

ment  of.  747  ;  a  justice,  765. 
Andross.  Nathaniel.  40. 
Apthorpe,  Clharles  Ward,  828. 
Archer.  Benjamin.  654. 
Arms.  John,  104  725,  743;  sheriff,  151, 152, 154, 

766 ;  poet,  2:i4 ;  office  held  by,  764  765. 
Arms,  John,  Jr..  743. 
Arms,  Josiah.  inn-keeper,  413,  452;  scene  at 

the  inn  of.  510,  511 :  troops  assemble  at  the 

inn  of  51.5.  519;  petition  of,  552, 
Arms,  Phineas,  78. 
Armstrong,  Hezekiah,  a  captain,  519. 
Arnold.  Jonathan,  562;  letter  of,  723. 
Ash.  Capt.,  96. 
Ashcraft,  DanW,  424  505.  778;  account  of,  510 ; 

grant  of  lands  to,  545,  759. 
Ashley.  Benjamin,  wife  of  678. 
Ashley.  John.  692. 
Ashley.  Joseph,  7.39,  748. 
Ashley,  Samuel,  113,  739,  748. 
Aspiambelet.  7. 
Atherton.  Joseph,  7. 
Atkinson.  Col.  Theodore.  107,  743 
Atlee,  Samuel  J.,  deputed  to  visit  the  "  Grants," 

350;  his  interview  with  Chittenden,  356;  re- 
port of  358,  359. 
Austin,  Samuel,  robbed.  615,  616;  certificate 

of  621 ;  petition  of  622. 
Averill,  Anna,  first  child  born  in  Westminster, 

61. 
Averill,  Asa,  61,  68,  758;  curious  wedding  of, 

5S5. 
Averill,  John,  61,  69,  93,  280,  789,  758,  772. 
Averill,  Thomas,  758 

Avery,  Mr. ,  a  prisoner,  8S7. 

Avery.  Abraham.  505.  759 ;  trial  of,  620. 

Avery,  Nathan,  426,  757. 

Avery,  Oliver,  88. 

Avery.  Samuel.  460,  565,  761 ;  agent,  420. 

Ayres,  Capt.  John,  his  exploits,  618,  622. 

Babcock.  Amos.  123. 

Bacon.  Goold,  760. 

Baiiibridge.  Com.  William,  546,  547. 

Baker.  Benjamin.  426,  759  ;  deposition  oi;  414. 

Baker,  Edward.  19. 

Baker.  James,  36. 

Baker.  Itemember,  reward  for,  607. 

Baker.  Robert.  35. 

Baker,  Thomas,  816,  75S.  760,  778 ;  arrest  of, 


78  i 


INDEX    OF    PERSONS. 


444 ;  trial  and  fine  of,  452,  453 ;  deposition 
of,  459. 

Baldridge,  John,  109. 

Baldwin,  Mr. ,  120. 

Baldwin,  Cyrus,  his  house  and  shop  entered, 
613,  614,  615,  616  ;  his  stolen  property  disco- 
vered, 617,  618. 

Baldwin  family,  116. 

Balfour,  Capt. ,  an  aide-de-camp,  617. 

Ball,  Shadrach,  a  letter  carrier,  721. 

Ball,  Solomon,  a  letter  carrier,  721. 

Ballow,  Benjamin,  758. 

Bancker,  Flores,  362. 

Banister.  Timothy,  429. 

Banyan  Goldsbrow,  565,  604,  724,  761 ;  execu- 
tor, 626. 

Banyar,  William,  761. 

Barber,  Mr. ,  12. 

Bard,  John,  565,  762. 

Bard,  Samuel,  761. 

Barnard,  F'rancis,  99. 

Barnard,  John,  66. 

Barnard,  Samuel,  670. 

Barnes,  John,  772, 

Barney,  John,  111. 

Barney-,  Jonathan,  60,  788. 

Barney.  Joseph,  60,  738. 

Barns,  Thomas,  248. 

Barret,  Levi,  97. 

Barrett,  John,  245,  771 ;  his  shop  robbed, 
616. 

Bartholomew,  Timothy,  328. 

Bartlett,  Aaron,  163. 

Bates,  Jabez,  753. 

Baum,  Lieut.-Col. ,  orders  to,  303. 

Bayley,  Ephraim,  a  coroner,  770. 

Bayley,  Frye,  126. 

Bavley.  Gen.  Jacob,  125, 126, 1.35,  255,  285,  286, 
237.  2SS.  2Sa,  291,  815,  412,  666,  668  ;  letters 
of,  124,  279,  288,  299,  302  ;  assigned  of  the 
quorum,  134 ;  chosen  a  delegate,  247,  770  ; 
a  brigadier-general,  266,  772;  ordered  to 
inarch.  299 ;  a  patriot,  404,  405 ;  olflces  held 
by,  765,  768,  769. 

Bayley,  Joshua,  315. 

Beamont,  John,  36. 

Beclvley,  Kev.  Hosea,  714 ;  extract  from  his 
Historv  of  Vermont,  752. 

Bedel,  cil.  J  ,  286,  289. 

Beeckman,  James,  761. 

Beeman.  John,  36. 

Belcher,  Gov  Jonathan,  24,  807, 786. 

Belden,  Joab,  429. 

Belding,  Aaron,  52. 

Belknap,  Simeon,  385. 

Bellows,  Maj. ,  87. 

Bellows,  Col.  Benjamin,  68,  74,  93,  101,  229;  a 
justice,  173  ;  patriotic  and  discreet,  224,  225; 
letters  to,  345,  647;  bravery  of,  739,742; 
offices  held  by,  764,  765. 

Bellows,  Kev  Henry,  D.D.,  extract  from  his 
writings.  740 — 742. 

Bellows,  Mary,  a  widow,  627. 

Btunus,  Edmund,  757. 

Benedict,  Mr. ,  escape  of,  887. 

Benedict,  Elisha,  24S  ;  a  captain,  641. 

Benjamin,  John,  163,  163,  411 ;  sheriff,  815 ; 
defamation  of,  381. 

Bennet,  Nathaniel,  his  trial,  411. 

Benson,  Eabert,  558  ;  a  commissioner,  669. 

Bentley,  Samuel,  120. 

Benton,  Mrs. ,  385. 

Benton,  Eldad,  772. 

Benton,  N.ithaniel,  Jr.,  760. 

Bickford,  William,  43. 

Bicknal,  Amos,  548. 

Bigelow.  Joel,  101,  425,  758;  levy  on  a  cow  of, 
426  ;  an  adjutant,  481  ;  visits  Gov.  Clinton, 
456,  457.  4r>k  ;  deposition  of,  466  ;  office  held 
by,  7(iS.  773. 

Bigelow,  Jonathan,  111. 

Bigelow,  Josiah,  878,  425,  426  ;  trial  of,  379. 


Bigelow  or  Billow,  Jotham.  426,  505,  510,  759  ; 
petition  of,  507 ;  letter  of,  538. 

Bigelow  or  Biglow,  William,  111 ;  petition  of, 
507. 

Billings,  James,  49. 

Billings,  John,  maltreatment  of,  429,  480. 

Bills,  Lieut. ,49 

Bisbee,  Abner,  118,  119,  771,  773. 

Bisbee,  John,  773. 

Bishop,  Eleazer,  Jr.,  550. 

Bishop,  Sylvester,  a  sergeant,  516. 

Bixby,  Samuel,  425,  426,  523,  524,  758,  760 ;  jus- 
tice, 431,  765  ;  letters  of,  459,  530,  538  ;  exa- 
mination of,  536. 

Blake,  Edward,  738. 

Blake,  Elijah,  96. 

Blakeslee  or  Blakslee,  James,  292,  311,  773  • 
trial  of,  843,  344. 

Blanchard,  Joseph,  106,  108 ;  deposition  ot 
129, 131. 

Blanchard,  William,  43  ;  captivity  of,  44. 

Blasquet,  Charles,  613. 

Blood,  Peter,  96. 

Bodurtha,  Thomas,  19. 

Bollan,  William,  79. 

Bolton,  John,  a  wire-puller,  719  ;  a  iu8tic€L 
765. 

Bourne,  Shearjashub,  661. 

Bowdoin,  Gov.  James,  709. 

Bowen,  Samuel,  66. 

Howies,  Catharine,  761. 

Bowles,  John,  565,  761. 

Bowne,  llobert.  761. 

Boyden,  Maj.  Josiah,  203,  506,  509,  510,  515, 
773  ;  wounded,  511  ;  letter  to,  688. 

Brackett,  Joshua,  a  judge,  622. 

Braddock,  Gen.  Edward,  70. 

Bradley,  Moses,  594. 

Bradley,  Stephen,  notice  of,  594. 

Bradley,  Stephen  Row,  876,  411,  444,  449,  451, 
477,  478,  504,  506.  562,  628,  6S7  ;  an  attorney, 
342,  343  ;  proclamation  prepared  by,  846 — 
348  ;  appointed  to  visit  the  Yorkers,  875  ; 
letter  of  509  ;  at  Guilford,  515,  517  ;  propo- 
sition of  527  ;  an  agent,  539  ;  a  commis- 
sioner, 559 ;  biography  of  593^—601 ;  incident 
at  his  house,  630,  631 ;  extract  from  his  Ver- 
mont's Appeal,  750. 

Bradley,  William,  notice  of  593,  594. 

Bradley,  Hon.  William  C,  letters  of,  585,  638  ; 
notice  of,  601  ;  advocates  the  French  monu- 
ment bill,  755. 

Bradstreet,  Lieut.  Dudley,  commands  Fort 
Dummer,  37. 

Bradstreet,  Rev.  Dudley,  87,  88. 

Brakkee,  Pompey.  a  negro,  a  suit  for,  the  first 
tried  in  Vermont,  331  ;  reference  to,  731 

Brattle,  William,  14,  80,  104,  106,  107,  736. 

Brewerton,  George,  Jr.,  8. 

Bridgen,  Thomas  B..  761. 

Bridgman,  John,  257.  261,  410;  language  of, 
413;  ajustice,  438,  765  ;  made  prisoner,  476, 
476  ;  petition  of,  507. 

Bridgman,  Orlando,  26.  317,  507,  753. 

Bridgman,  Thomas,  offices  held  by,  764,  765. 

Briggs,  Peter,  373  ;  trial  of,  379. 

Brigham,  Oliver,  97. 

Brigham,  Paul,  662  ;  notice  of,  602. 

Brink,  Alexander,  771. 

Britt,  Capt. ,  4^ 

Broad,  Hezekiah,  426,  505,  510, 759 ;  fined,  452 ; 
search  for,  508,  509. 

Brown,  Mr. .  211  ;  CoL  ,  405. 

Brown,  Briant,  551. 

Brown,  Jonathan,  a  prisoner,  885. 

Brown,  Josiah,  739,  743. 

Browning,  Thomas,  755. 

Brownson,  Gideon,  a  commissioner,  829. 

Brownson,  Timothy,  562. 

Brush,  Crean,  226,  245,  323,  645,  678,  726,  744  ; 
his  removal  to  Westminster,  138 ;  visits 
New  York,  184  ;  his  measures  for  the  benefit 


INDEX   OF   PERSONS. 


785 


of  Cumberland  county,  185,186;  elected  to 
the  General  Assembly  of  New  York,  188, 
189,  719.  767  ;  sentiments  towards,  202,  204 
information  of,  236 ;  proposition  of,  238 
daushter  of,  565;  biography  of,  603-683 
estale  of,  724  ;  offices  held  by,  763,  765,  766. 

Brush,  Klizabeth  Martha,  604,  626 ;  account  of, 
682.  683.    See  Karman,  Thomas. 

Brush,  John,  626. 

Brush.  Richard,  626. 

Bryant,  Joseph,  14,  lOT,  108. 

Buchanan,  Frances,  626 ;  her  marriage  to 
Ethan  Allen,  629—681. 

Buck.  Daniel,  562. 

Buckingham,  Joseph  T.,  714. 

Buckminster,  Capt.  Thomas,  52. 

Bullen,  Eev.  Joseph,  anecdote  of,  782,  788. 

Bullock,  Israel,  426,  473. 

Bullock,  Shubael,  426,  527,  757;  fined,  450, 
521. 

Bullock,  "William,  206. 

Burgovne,  Gen.  John,  567 ;  advance  of  his 
forces,  302,  308  ;  instructions  of,  808  ;  defeat 
of.  641. 

Burk  or  Burke,  Capt.  Jesse,  408,  753 ;  orders 
to,  859  ;  sheriff,  766. 

Burk,  Capt.  John,  780 ;  seizure  of,  85 ;  a 
rantrer,  706. 

Burk,  Jonathan,  206,  257,  765. 

Burk  or  Burke,  Capt.  Silas,  280,  515,  517,  753. 

Burke.  Simeon,  753. 

Burlintrame,  Israel,  257,  771. 

Burnham,  Abisrail,  690. 

Burnham,  John,  Jr.,  826. 

Burr.  Peter.  786. 

Burr,  Thaddeus,  letters  of,  648,  649. 

Burroughs,  Mr. ,  385. 

Burro^^■i.  Jarvis  F.,  755. 

Burrows,  John,  758. 

Burt,  Capt.  Benjamin,  285,  245,  410,  755;  a 
quarter-master,  515. 

Burt,  David,  690. 

Burt,  Ebenezer,  248. 

Burt,  John,  12. 

Burt,  Jonathan,  206. 

Burton,  Asa,  113. 

Burton,  Jacob,  113. 

Butler,  John,  96,  203. 

Butler,  Valentine,  742. 

Buttertield,  Capt. ,  286. 

Buttertield,  Benjamin,  20S.  223.  232,  811 ;  im- 
prisoned, 286 ;  trial  of.  843.  344 ;  deposition 
of,  3S0 :  petition  of,  552 ;  statement  of,  746, 
747 ;  offices  held  by,  764,  765. 

Buttertield,  Benjamin,  Jr.,  282. 

Button,  Charles,  330. 

Button,  Elias,  death  of,  385. 

Cady,  Elijah,  743. 
Calkins,  Simon,  758. 

Campbell,  Dr. ,  96. 

Campbell,  Archibald,  761. 

Capen,  Abijah.  550. 

Carey,  Richard,  761. 

Carleton,  Gen.  Guv,  275. 

Carlisle,  David,  712,  713. 

Carpenter,  Amos,  61. 

Carpenter,  Asaph,  426,  758 ;   fined,  450,  521 ; 

his  fine  remitted,  527. 
Carpenter,  Col.  Benjamin,  254,  255,  815,  475, 

771,  772 ;  seizure  of,  505,  520. 
Carpenter,  Cyril,  505,  757 ;  his  trial,  520 ;  his 

fine  remitted,  527. 
Carpenter,  Edward.  426.  757 ;  fined,  450,  521 ; 

petition  of,  507 ;  his  fine  remitted,  527. 
•  Carpenter,  Ira,  110. 
Carpenter,  Mary,  508. 
Carpenter,  Nathaniel,  426,  505,  759 ;  leads  an 

attack,  510 ;  letter  from,  580. 
Carroll,  Daniel.  722. 
Carvl,  John,  754. 
Caswell,  John,  736. 


Caswell.  Nathaniel,  788. 

Chadbourn,  Benjamin,  621. 

Chatfee,  Mr. ,  escajie  of.  888. 

Chatfee,  Athertun,  61,  175,  753. 

Chamberlain,  Abiel,  135. 

Chamberlain,  Amos,  772. 

Chamberlain,  Isaac,  69. 

Chamberlain.  Jacob  Bayley,  first  male  born  in 
Newbury,  125. 

Chamberlain,  John,  116,  739,  743. 

Chamberlain,  Joseph.  527,  758 ;  resistance  of, 
489 ;  trial  of,  449 ;  fined,  521. 

Chamberlain,  Nathaniel,  19. 

Chamberlain,  Richard,  125. 

Chamberlain,  Susannah,  the  first  person  bom 
in  Thetford,  116. 

Chamberlain,  Thomas,  69, 126,  769. 

Champlain,  Samuel,  6,  7. 

Chandler,  Charles,  96. 

Chandler,  Henrv,  49. 

Chandler,  John,'  109. 110, 148, 166, 257, 258,  688, 
634,  654,  656;  county  clerk,  604;  notice  of, 
638 ;  offices  held  by,'  763,  764,  765. 

Chandler,  Nathaniel,  arrest  of  509. 

Chandler,  Col.  Thomas,  109, 143,  223,  638,  652 ; 
petitions,  of,  132,  180,  181 ;  assigned  of  the 
quorum.  134;  receives  a  colonelcy,  135;  is 
threatened  while  holding  a  court  at  "Wind- 
sor, 164.  165 ;  promises  to  build  a  court- 
house and  iail,  173;  jail  of.  174, 175;  court- 
house of.  176;  letters  of,  177—179, 188,  677, 
725;  is  bl.amed,  181,  182;  moderator  of  a 
patriotic  meeting,  197,  198;  expostulations 
with,  217,  218 ;  liis  attempts  at  pacification, 
220;  imprisoned,  235,  5s3,  637;  chosen  to 
prepare  a  memorial,  279 ;  act  for  the  relief 
of,  588,  637 ;  singular  burial  of,  588.  584,  637; 
commissioner,  628;  biography  of,  683 — 687; 
statement  of,  746.  747 ;"  patronage  of,  758 ; 
offices  held  by,  763,  704.  765,  766. 

Chandler,  Thomas,  Jr.,  109,  175, 177,  684,  654, 
656 ;  examination  by,  173 ;  advice  of,  235 ;  a 
commissioner,  828;  side  iudse,  340;  notice 
of,  688.  639;  libel  on,  780-732;  offices  held 
by,  764,  765. 

Chandler,  Thomas  Chester,  the  first  person 
born  in  Chester,  109.  634 

Chandler,  "SVilliam,  671. 

Charles  I.,  print  of  the  trial  of,  689. 

Charles  II.  grants  the  province  of  New  York 
to  his  brother  James,  128, 145. 

Chase,  Dr.  ■ ,747.^ 

Chase,  Benjamin,  426. 

Chase,  Dean,  426,  757. 

Chase,  Hon.  Dudley,  186. 

Chase,  Paul,  111. 

Chase,  Stephen,  426 ;  trial  of;  450. 

Chauncey,  Israel,  7. 

Chauncey,  Josiah,  120. 

Chipman,  Daniel,  556,  567. 

Chipman,  Lemuel,  662. 

Chipman,  Hon.  Nathaniel,  564, 687 ;  side  Indge, 
548 ;  letters  of,  555,  556 :  letters  to,  556,  557; 
commissioner,  559. 5t)8 ;  able  address  of,  562, 
563 ;  observations  of,  704. 

Chittenden,  Gov.  Thomas,  299,  815,  875,  438, 
440,  453,  461,  470,  471,  473,  474,  476,  478,  485, 
488,  491,  496,  497.  500.  506,  526,  581.  532.  558, 
596,  602,  703.754;    elected   governor,   314; 
his  orders,  889;  proclamation  of,  847,  348; 
drafts  men,  856, 872, 373 ;  interview  bitween 
a  committee  of  Consrvess  and,  357 — 859  ;  let- 
ters of,  862,  363,  381,  477,  481—488,  507,  508, 
6SS :  petition  to,  409,  410 ;  recommendation 
to.  439;  remarks  of,  484.  535;  requested  to 
issue  a  proclamation,  502 ;  address  of,  547 ; 
president  of  convention,  662 ;   memoir  of. 
567. 
Church,  Capt.  Beniainin,  8. 
Church,  Bethuel.  li  justice.  431,  765. 
Church,  Eleazer.  453,  505.  769;  arrest  oil  609. 
Church,  John,  626,  627,  765. 


50 


T86 


I]ST)EX   OF   PERSONS. 


Church,  Jonathan,  75S,  773;  depositions  of, 
390,  414 ;  resistance  of,  489 ;  trial  of,  449. 

Church,  Joseph,  378. 

Church.  Malachi,  194 ;  a  courier,  226. 

Church,  Nathaniel,  718. 

Church,  Oliver,  a  courier,  226,  286 ;  deposition 
of,  232,  2.33,  746. 

Church,  Keuben,  758,  773. 

Church,  Richard,  510. 

Church,  Richard  B.,  759. 

Church,  Col.  Timothy,  426,  478,  4S2,  521 ;  trial 
of,  34;3,  .344, 446, 447," 772, 778 ;  communication 
of,  380 ;  his  opinion,  413 ;  letters  to,  414, 432, 
436, 469, 498—600 ;  a  militia  officer,  431 ;  judg- 
ment against,  438,  448,  460,  684;  rescue  of, 
489,  449;  his  arrest,  445,  474 — 477;  resolve 
of  Congress  touching,  470 ;  a  prisoner,  478 ; 
account  of  his  imprisonment,  488 — 492,  495, 
496,  498;  petition  of,  507,  541,  542;  letters 
of,  514, 519,  530,  538 ;  laniU  granted  to,  54-3— 
547,  652,  757,  758,  759,  760. 

Clap,  Eliphaz,  97. 

Oiap,  Preserved,  7. 

Clapp,  Thomas,  738. 

Clark  and  Nightingale,  659. 

Clark,  Asa,  758. 

Clark,  Ebenezer,  761. 

Clark,  Elijah,  759. 

Clark,  Rev.  John,  662. 

Clark,  Joseph,  121. 

Clark,  Josiah,  550. 

Clark,  Nathan,  283. 

Clark,  Samuel,  758. 

Clark,  Seth,  757 ;  arrest  o^  508. 

Clark,  Thomas,  316,  761. 

Clark,  William,  7,  736. 

Clark,-^William,  Jr.,  7. 

Clarke,  Rev.  Dr. ,  the  wife  of,  626. 

Clarke,  Lient.-Gov.  George,  195. 

Clay,  Ephraim,  772;  trial' of,  843,  344 

Clay,  Hon.  Henry,  reference  to,  601. 

Clay,  James,  245,  249,  257,  267,  269,  276,  287, 
305,  401,  766:  letter  signed  by,  260.  261 ;  let- 
ter of  288, 2S9 :  a  commissioner,  289, 431,  684, 
763;  report  of,  294—296;  imprisoned,  299; 
agent,  306,  809 ;  opposes  the  laws  of  Ver- 
mont, 834 ;  trial  of,  343,  344 ;  offices  held  by, 
768,  764,  765,  766. 

Cl.ay,  James,  Jr.,  773 ;  trial  of,  843,  844 

Clesson,  Matthew,  88,  690. 

Clinton,  Gov.  Georse,  160,  325,  418,  445,  447, 
451,  456,  462,  465,  466,  479,  482,  483,  487,  497, 
511,  534,  607,  608,  684,  686,  756 ;  elected  gov- 
ernor, .305;  proclamation,  of,  309.  310;  letters 
to,  314,  318,  319,  320,  322,  323,  330,  331,  335, 
336,  340,  350,  35.3—356,  360,  861,  370,  371,  373, 
374  381,  414  421,  427,  430,  434  459,  467,  468, 
480,  486,  489,  490,  495,  496,  514  519,  529,  530, 
538,  539,  545,  546,  682,  683.  685.  702 ;  letters 
from,  321, 322, 823, 824, 383. 836, 337, 338, 849— 
■353,  377,  878,  379,  380,  381,  414  417,  422,  423, 
424,  481,  432,  434,  436,  437,  467,  458.  459,  460, 
463,  464,  469,  471,  472—474,  478.  479,  480,  481, 
498— .500,  676, 723 ;  message  of,  862 ;  petitions 
to,  435,  486,  552  ;  a  correspondent  of,  700. 

Clinton,  Gen.  -James,  orders  by,  333 ;  letter  of, 
3.34. 

Cobb,  David,  788. 

Cobb,  Ebenezer.  733. 

Cobb,  Morgan,  738. 

Cobb,  Morgan,  2d,  738,  789. 

Cobb,  Simeon,  7-39. 

Cockburne,  William,  565,  761. 

Cockran,  Robert,  225,  226,  236,  658,  659. 

Coe,  Benjamin,  .524. 

Coffin,  Capt.,  John,  771 ;  his  hospitality,  121. 

Colby,  Jonathan,  77. 

Colden,  Lieut.  Gov.  Cadw.allader,  100, 118,141, 
155,  156, 160,  171,  604,  609,  644,  701.  706,  740, 
752;  memorial  to,  122;  proclamations  of, 
129, 130, 145;  petitions  to,  131, 132,  1.3.3,  207; 
his  opinion  concerning  masting  trees,  14-3, 


144;  special  message  of,  236,  237;  his  dis- 
patches, 233,  239,  746;  heirs  of,  565,  761. 

Cole,  Daniel,  510. 

Colefax,  Samson,  85,  86. 

Colefax,  Samuel,  759. 

Coleman,  Mr. ,  18. 

Coleman,  Joseph.  453,  757. 

CoUas,  George,  659. 

Collamer,  Hon.  Jacob,  755. 

Collins,  John,  736,  758. 

Comins,  Fr.ancis,  759. 

Comins,  .James,  759 ;  James,  Jr.,  759. 

Conneighau,  24. 

Cooke,  Capt.  Oliver,  413,  772. 

Coolidge,  Gov.  Carlos,  755. 

Cooper,  Anson,  82. 

Cooper,  Joshua,  82. 

Cooper,  Moses,  40. 

Cooper,  Robert,  82;  wouiided  by  the  ladlefflSj 
50. 

Cooper,  Dea.  Thomas,  113. 

Cooper,  William,  771. 

Copley,  Elizabeth,  6S9,  690. 

Cornwallis,  Lord  Charles,  406. 

Cosaump,  17. 

Coss  or  Cross,  James,  his  journal  of  an  expe- 
dition, 21,  22,  28. 

Cox,  Benjamin,  a  captain,  38.3. 

Crawford,  James,  227. 

Crawford,  Hon.  Theophilus,  96 ;  notice  of,  227 ; 
testimony  of,  233 ;  at  Guilford,  518. 

Crisson,  Thomas,  50. 

Cromwell,  Oliver,  503,  594,  689. 

Crook,  Andrew.  753. 

Crook,  Robert,  753. 

Crook,  William,  628,  753,  772. 

Crosby,  Isaac,  503,  758.  773. 

Grossman,  Benjamin,  738. 

Grossman,  John,  738. 

Crowfoot,  John,  15.  * 

Cruger,  Henry,  157,  761. 

Cruikshank,  Alexander,  761. 

Cudworth,  Samuel,  758. 

Culver,  David,  7.59. 

Culver,  Nathan,  758. 

Cummings,  Mr. ,  334. 

Cummings,  Francis,  trial  o^  843,  344 

Cummings,  Jacob,  113. 

Cummings,  James,  95,  96 ;  trial  of,  843,  844. 

Cummings,  Jonathan,  739,  748. 

Cummings,  Samuel,  739,  748. 

Cunningham,  Mr. •,  236. 

Cunningham,  David,  613. 

Currie,  Archibald.  761. 

Curtenius,  Peter  T.,  2t53,  264,  266. 

Curtis,  Ebenezer,  163,  16s,  257,  328,  771. 

Curtis,  Elias,  capture  of,  888 ;  adventures  of  the 
wife  of,  392,  393. 

Curtis,  Elijah,  627,  7.59;  trial  of,  520. 

Curtis,  Capt.  Israel,  113;  his  rough  conduct, 
148;  letter  by.  163;  threatens  the  court, 
164,  165;  office  held  by,  765. 

Curtis,  Samuel,  510,  753. 

Gushing,  Miss ,  604. 

Gushing,  Mr. ,  621. 

Gushing,  Daniel,  773. 

Gushing,  Job,  100. 

Gushing,  Noah,  trial  of,  343,  .344. 

Gutbeth,  Benoni,  455, 436,  773. 

Cutler,  Dorcas,  726. 

Cutler,  Thomas,  111,  814,  401,  458. 

Daley,  David,  75:3. 
Dulhousie,  Earl  of,  705. 
Dan  Bill,  his  services,  531. 
Dana,  Francis,  709. 
Dan.a,  Isaac,  107,  114 
Dan.a,  John  Winchester,  206,  257,  766. 
Danforth,  Samuel,  5.50. 
Darby,  Samuel,  738. 

Dart,  Capt. ,  quells  a  riot,  549*,  his  con- 
duct apjilauded,  560,  651. 


INDEX   OF   PERSONS. 


787 


Dartmouth,  Lord,  288,289;  «  ^patches  to  T46. 
Sw.K„A,'Capt.'Sa.nuel    his  8torc  robbed, 

615,616;  petition  of.  bi2. 
Date^,  Joseph,  deposition  of,  414. 

l^:^ZltS::^^'-  retort  of,2.0. 

E^;i:,!tX!^iaf!:n,Janies^05:dcposUion 

Dal  !fr-'E\h:'2Sa^.'/4^t,  605,  T4T; 

Un  ^ii;  heriff,  400.  493,  494,  405;  atGuil- 
for'i;  617;  notice  of,G10;  a  senator,  768,  a 
major,  773. 

Dean,  Kbonezer, 738. 

Dean.  Kl.hraim.78S,  739,  748. 

Dean.  Ezra,  73s. 

Dean,  i;a<:bel,  15S. 

rie'in  >^ilas  letter  to,  729. 

E  ":  Avtliard,  14C,  175;  arrested  for  cuttag 
iiiastint:  timber,  147;  .immuo  of,  to  Ke^^ 
York  14S>— 154:  his  trial,  155— 158. 

Dean,eapt.  William,  applies  for  P^^f  "°"^*;. 
cut  timber,  146, 147;  is  informed  of  die  ar- 
rest of  his 'sons',  154 ;  is  arrested  and  tried, 

165—158;  petition  of,  181,  lo^-  ,  .  ... 

DeanWil  iam,  Jr.,  146;  arrested  for  cutting 

^masting  timber,  147 ;  ^^'^tl'for'rifg-^'lW ' 
ment,  148 ;  journey  to  New  York,  149—104 , 
trial  of,  155—158. 

Debeline,  Monsieur,  88. 

De  Lancey,  James,  his  motion,  60b. 

De  Laneey,  John,  761 

De  Lancey,  Oliver,  182, 189. 

Dennie,  Joseph,  712. 

Dennison,  Joseph,  bOJ. 

Dennison,  Samuel,  511. 

De  Noycllis,  John,  182,  606. 

Dr'^'tt^ctrl!":  182,  286,  418;  representa- 
De'wiu',lfmeon,759;  a  commissioner,  558, 

559. 
Dexter,  Joseph,  426. 
Dickenson,  Obadiah,  701. 
Dickinson,  Samuel,  9. 
Dieskau,  Baron,  7b. 
Divel,  Manassah,  742. 
Dodd,  John,  42. 
Donaldson,  Daniel,  77.3. 
Doolittle,  Ephraim,  100. 
Doubledav,  Nathaniel,  280. 
Douglass,  Asa,  748 
Douglass,  Joseph,  lib,  TTd. 
Douglass,  Samuel,  116. 
Douw,  Volkert  P.,  542. 
Downing,  John,  74.3. 

S:^,'^S'^,  275,  286^  408,  5«^  G49; 
i.roc  or  154;  defends  the  Deans,  155,  lob, 
efends  Col  S.  Wells,  157;  letter  to,  434; 
letters  of,  468,  685,686;  instructions  pre- 
pared by,  522,  52;? ;  heirs  of,  505,  761;  docu- 
ment prepared  by  606 

Dudley,  Gov.  Joseph,  735, 78b. 

Dudlev,  Paul,  786. 

Dudley,  Col.  William,  786. 

Duer,  "William,  271. 

£rme;;ii:r^^Wimam,14,15,16,106, 

108,786. 
DunWeVfjona^n',tF7;  assault  by,  503;  ar- 

Dunmo"^,' John,  Earl  of,  governor   94   725; 

letters  to,  175, 177-179;  petitions  to,  176, 178, 

180, 187. 
Dunscombe.  Daniel.  204. 

Durkee,  Adam,  a  prisoner,  888  ;  death  ot,  3J1. 
Durkee,  Andrew,  a  prisoner,  888. 
Durkee,  Capt.  Bartholomew,  411. 


S^gl^lt^^Cl^'chSnatFortDum- 

mer,  18. 
Dwight,  Gen.  Joseph,  87, 51. 
Dwight,  Joslah,  692. 
Dwight,  Seth.  89. 

Dwight,  Timothy,  15,  16,  l^.l^S^,  671. 
Dwigtit;  Kev.  Dr.  Timothy,  his  travels,  692. 
Dyer,  Ebeuezer,  100. 
Dyer,  Eliphalet,  letter  to,  729 


Earl,  George,  230  257,  771.  ...  ~- 

Earl,  Newell,  or  Earll,  Nswhall,  415,  505,  75T. 
Earl.  Samuel,  759. 
as  AnloTruns  the  gauntlet,  44  ;  taken 

EaK,°Iu'ldad,  202,  235  ;  trial  of,  843,  844. 
Eaton,  Gov.  Theophilus,  694. 
Eddv  Joseph,  60, 738.  .     ^    ,.        ^n 

Ed"Ihill,  John,  captured  by  the  Indians,  60. 
Edward  VI..  689. 
lK::^iKV426;    agreement  Of; 

475, 476  :  a  sheriff,  766. 
Edwards,  Timothy,  350. 
Eliot,  Elizabeth,  633. 
■pHot  Jo<^eph,  esannnation  or.  0»b. 
ElkYns    Dei  Jonathan,  attack  on  his  house, 

Elkins.  Col.  Jonathan,  412  ;  a  prisoner,  405 ; 

Elk'fnfMoSptured  and  released,  406,  406. 

Elliott,  Joseph,  317,  759,  778. 

Ellis,  Caleb.  759. 

Ellis,  Matthew,  758. 

Ellis,  Keuben,  59,  61. 

Ellis,  Richard,  59,  60,  61. 

EJlis,  Thomas,  286. 

Ellsworth.  Oliver,  850,  *»s. 

Iw^aS'ws^aracter,  468;  his  trial  and 

punishment,  454  ;  notoriety  of,  482. 
Emerson,  Berjamm,  125. 
Emmons,  Benjamin  257.  315,  7T1. 
Emmons,  Solomon,  114, 148,  IM. 
Enos,  Roger,  875. 
Erwin,  Elizabeth,  629. 
Etherington,  George,  761. 
Etherington,  Thomas,  761. 
Evans,  Asa,  550. 
Evans,  Ashur.  336,  77d. 

Ev^fs'  H^'ry'sOS,  509,  520,  521  ;  his  boldness, 
424^26  ;  a  militia  officer,  431,  773  ;  arrest  of, 
444  •  his  trial,  440,  447  ;  his  sentence.  44>, 
460  '  684  •  an  acront,  462,  463  :  at  Poughkeep- 
s^  464-  at  Philadelphia,  455,  686  ;  resolve 
of 'congress  touching  467.  470 ;  retuvns 
home,  468,  469.  474 :  letters  of,  48<\  431,  514, 
519  ;  account  of,  487.;  petitions  of,  607,  541, 
542  search  for.  5ti8  ;  examination  of,  58b  , 
lands  granted  to,  6fS-547,  .57   .58 

Evans,  Henry,  Jr.,  505  ;  his  trial,  520. 

Evans,  Zcra,  550. 

Ezerus,  17. 

Farmer,  Daniel,  50. 

Farnsworth.  David.  85,  86. 

Farnsworth.  F.bcnezer,  taken  captive,  64,  66. 

Farnsworth,  Gen.  Joseph,  610 ;  remonstrates 

with  the  Yorker.s.  511. 
Farnsworth.  Oliver,  116 
Farnsworth.  Thonias,  511. 
Farquliar,  James,  761. 
Farrar.  John,  19. 

Farwcll,  Mr. :,  229 

Farwell,  Benjamin,  789,  743. 
Fassett,  John,  502.  , 

Fassett,  John.  Jr.,  side  judge,  840,  846. 

FayfjonasMcS  ;  secretary  of  stale,  348  ;  ap- 


788 


INDEX   OF   PEK50NS. 


pointed  to  visit  the  Yorkers,  3T5 ;  side 
judge,  446. 

Pay.  Dr.  Joseph,  appeal  to,  498. 

Fay.  Nathan,  a  jailer,  526. 

Fenton,  Jacob,  113. 

Ferrell,  Simeon,  773 ;  his  trial  and  fine,  452, 
453. 

Field,  Charles  K.,  755. 

Field,  David,  110. 

Field.  Ebenezer,  739.  743. 

Fitld.  Israel,  759  :  deposition  of,  414. 

Field,  Eeuben,  773. 

Fish.  Nathan,  431,  765. 

Fisher,  Amos,  754. 

Fisher,  Ebenezer.  his  arrest,  149, 150, 151, 152. 

Fisher,  Ichabort.  113. 

Fi<her.  Josiah,  34. 

Flsk.  Experience,  510. 

Fisk,  Josiah,  a  captain.  515. 

risk,  Nathan,  628  ;  examination  before,  506, 
5ii9  ;  expedient  of.  584 

Fisk,  Rufus,  511. 

Fisk,  Silvanus,  mortally  wounded  at  G-uilford, 
518,  520,  694;  proceedings  concerning,  527, 
535, 636. 

Fitch,  John,  his  conflict  -with  the  Indians,  51. 

Fitch,  Nathan,  424. 

Fitch,  Pelatiah,  316  ;  letter  of  319,  822  ;  letter 
to,  323.  324 ;  promise  ©f,  325 ;  offices  held 
by,  76^3.  764. 

Fitch,  Pelatiah,  Jr..  778. 

Fitch.  Thomas,  736. 

F"'lag2,  Benjamin,  100. 

Fletcher,  Gov.  Benjamin,  192. 

FU-tcher.  Robert.  739 

Fletcher,  Robert,  Jr.,  743. 

Fletcher,  Gen.  Samuel.  206.  248.  257,  834,  478, 
501,  528,  597.  771  ;  consultation  of  33S;  his 
force,  383.  339  ;  orders  of,  359,  504  ;  his  bri- 
gade. 444,  461.  .615  :  requested  to  repair  to 
Windham  county,  531,  532  :  sherilf,  583 ; 
biographical  sketch  of,  640 — 643. 

Fletcher,  Squire  H,.  642. 

Flowers,  Hira,  543. 

Floyd,  Col.  William,  524  ;  letters  to,  417,  478, 
479,  480.  723. 

Flynt,  John,  murder  of,  74,  740. 

Fonda,  Jellis  \.,  761. 

Fonda,  John  D.,  letter  of,  496. 

Foot,  George,  a  jailer,  446. 

Ford,  Hir.am,  765. 

Ford,  Jacob,  524. 

Foster,  Rev.  A..  697. 

Foster,  Josiah,  S.S. 

Foster,  Submit.  743. 

Fowler,  Abner,  a1u-tice,  769. 

Fox,  Eight  Hon.  Henry,  Lord  Holland,  141. 

Fox,  Eight  Hon.  Stephen,  Earl  of  lUchester, 
140. 

Foxcroft,  .John,  petition  of,  553. 

Franklin,  Dr.  Benjamin,  his  kindness,  406  ;  a 
statesman.  567. 

Franklin,  Walter.  100.  675. 

Freak,  Thomas.  735. 

Freeman,  Phineas,  declaratinn  of,  479  ;  depo- 
sition of  681. 

French.  John,  123. 

French,  Jonathan,  43. 

French,  Nathaniel,  206,  215,  227.  228. 

French,  William,  706 ;  erave  of  214  ;  epitaph 
on.  215 ;  inquest  on  the  bodv  of  225,  230, 
673 ;  biographical  notice  of,  227—229  ;  his 
burial,  230,  231  ;  the  proto-martyr,  240,  241 ; 
efl'orts  to  raise  a  monument  to  his  memory, 
754,  755. 

Frink,  Thomas,  conversation  of,  478. 

FrLsbee,  I'hilip.  757,  758,  760;  Philip,  Jr.,  760. 

Frisbee.  Samuel,  760. 

Frost,  John,  43. 

Fuller,  Ebenezer,  2.67. 

Fuller,  John,  a  captain,  515. 

Fuller,  Jonathan,  753. 


Fuller,  Joseph,  230. 

GatHeld,  Benjamin,  death  of,  75  ;  captivity  of 
his  family,  75,  77. 

Gage,  Gen.  Thomas,  114,  239,  609,  699,  749  ; 
commission  from,  610;  memorial  to,  611, 
612;  letter  to,  720. 

Galbreath,  John,  761. 

Gale  Samuel,  208,  223,  226,  828,  718,  721  ;  his 
loyalty,  219  ;  imprisoned,  236  ;  money  paid 
to,  238;  county  clerk,  604;  biographical 
sketch  of,  643—650  ;  memorial  of,6u8,  609  ; 
statemeut  of,  747  ;  reimbursed,  749  ;  ot&cea 
held  by,  768,  765. 

Gallup,  Elisha,  Jr.,  550. 

Galusha,  Gov.  .Jonas.  602. 

Gamling,  Benjamin,  735. 

Gansevoort,  Leonard,  286. 

Garcey,  Joseph,  759. 

Gardner,  Rev.  Andrew,  785  ;  chaplain  at  Fort 
Dummer.  40  ;  preaches  a  sermon  on  a  spe- 
cial occasion,  49  ;  chyrurgeon,  50  ;  preaches 
at  the  fort  on  the  Great  Meadow,  70. 

Gardner,  Andrew,  Jr.,  742. 

Gary,  Stephen,  738. 

Gates,  Mr. ,  233. 

Gates,  Daniel,  203 ;  a  lieutenant,  516 

Gates,  Gen.  Horatio,  268,  275,  279. 

Gates,  Shepard,  772, 778. 

Gates,  Stephen,  511. 

Gault,  John.  758. 

Gault,  William,  759. 

Gay,  Rev.  Bunker,  settled  at  Hinsdale,  102, 
103  ;  epitaph  by,  706,  707. 

Geer,  Shubael,  123. 

Gear,  William,  123. 

Georse  II.,  acts  of  194 

George  III.,  acts  of,  191,  192,  193,  194,  195, 
196  ;  sentiments  towards,  199,  201,  202,  203, 
215   221   2*^5  478 

Getchel,  D,<ivid,  148, 168, 166, 167, 168. 

Getchel.  Jacob,  163. 

Gibbs,  Giles,  a  prisoner,  385  ;  death  of,  890. 

Gibbs,  John,  257. 

Gilbert,  Capt. ,  887. 

Gilbert,  Ezra,  orders  to,  651. 

Gilbert,  Nathaniel,  a  prisoner,  387. 

Gilbert,  Thomas,  121,  7-39,  771. 

Gile,  Amos,  771. 

Gile,  Moses,  206. 

Giles,  William,  761. 

Gillett,  Ebenezer,  112. 

Gillett,  Roger,  first  child  born  at  Hartford, 
112. 

Gilliland.  William,  a  judije,  134;  offices  held 
by,  763,  765. 

GiLson,  Capt.  Michael,  86, 89, 806, 408, 789, 778; 
trial  of,  343,  344;  a  justice,  431,  764,  765. 

Gilson,  Susann.ah,  74l 

Gilson,  Zachariah,  280. 

Goffc,  Col.  John,  91. 

Gold,  Nathan,  786. 

Gonscesua,  7. 

Goodall,  Thomas,  88. 

Goodell,  Rev. ,  notice  of,  211,  605,  732. 

Goodcnough,  Artemas,  510,  757. 

Goodenough,  David,  415,  426, 505,  757 ;  his  at- 
tachment to  New  York,  528 ;  narrow  escape 
of,  529. 

Goodenough,  Ebenezer,  111. 

Goodenough,  Ithamar,  510,  758. 

Gooilenough,  Levi,  Jr.,  threatened,  868. 

Goodhue,  Joseph,  342;  moderator,  696. 

Goodrich,  John,  761. 

Goodrich,  Hon.  S.  G.,  extract  from  his  writ- 
ings, 601. 

Gool'd,  Seth,  753. 

Goold,  William,  753. 

Gordon,  Gen. ,  wounded,  883. 

Gore,  John,  735. 

Gorton,'  Benjamin,  202:  charged  with  homi 
cide,  280;  imprisoned,  286. 


INDEX   OF   PERSONS. 


TS9 


Gorton,  Jonathan,  T18. 

Gould,  John,  61. 

Gouhl,  Niithan,  S3. 

Gouhl,  William,  61,  446. 

GouUlinir.  John,  llj9. 

Graham,  Dr.  John  Andrew,  extracts  frotn  hi.s 
Dfscriiitive  Sketch  of  Vermont,  601,  665, 
675.  676,  733,  784  751.  752. 

Grandey,  George  W.,  755. 

Granj^'er,  Zadock,  89S;  a-reement  of,  475,  476. 

Grant,  Lieut. ,  9y. 

Grant,  Maj. ,  617. 

Graves,  Asahel,  49. 

Graves,  t^amuel,  Jr.,  wounded  by  the  Indians, 
46,  47. 

Grav.  Capt.  Samuel,  659. 

Greely,  Samuel,  739.  74;3. 

Green.  Klienezer,  160. 

Greenleaf,  Jeremiah,  HI. 

Greenleaf.  Stephen,  223.  724,  747,  764,  765. 

Greenleaf,  Stephen.  Jr.,  842. 

Gri'lley,  Samuel,  168. 

Griffin'  John,  292;  a  courier,  226;  deposition 
of.  282,  746. 

Gritnths,  J<.hn,  765. 

Grimes,  John,  118. 

Gribwold,  John,  754. 

Griswold,  Joseph,  761. 

Grout,  Elijah,  208,  285;  statement  o^  651; 
notice  of,  657. 

Grout,  Hezekiah.  206. 

Grout.  Ililkiah,  806,  401,  684;  captivity  of  his 
family,  75.  77;  report  of,  294—296;  recom- 
mended as  sheriff,  819;  arrest  and  trial  of, 
329 — 831;  a  justice  and  commissioner,  481 ; 
notice  of,  667 ;  offices  held  by,  763,  764,  765, 
771. 

Grout,  John,  175,198,199;  an  attorney,  148; 
his  opinion  on  a  law  question.  149,  150; 
counsels  the  Pean.«.  151,  152,  158,  154;  ha- 
tred towards.  162.  168;  iscomplainedof,  165; 
is  arrested  by  a  mob,  166 — 168;  biosraphy 
of,  660—658. 

Grout,  Jonathan,  115, 124;  notice  of,  657,  658. 

Gunn,  Samuel.  46. 

Gurlev,  Israel.  267. 

Guthrie.  Kphraini.  760. 

Guthrie,  James,  761. 

Guthrie,  "William,  758,  760  ;  William,  Jr.,  758, 
760. 

Ilaile,  Amos,  96. 

Haldiniand,  Gen.  Frederick,  407:  correspon- 
dence of,  8il;  parole  from,  668;  letter  to, 
721. 

ITale,  Renjamin,  550. 

Hale,  Davi<l,  550. 

Hale,  Hon.  Harry,  143,  658. 

Hale,  Samuel,  a  justice,  769. 

Hale,  Silas,  550. " 

Hall.  Daniel.  1S6. 

Hall,  Klihu,  120. 

Hall,  Enoch,  120. 

Hall,  Georjre,  118,  119. 

Hall.  Jeremiah.  11.3. 

Hall.  Lot.  458;  bio<:raphy  of.  658—666. 

Hamilton,  Mr. ,  a  guide,  888. 

Hamilton,  Alexander.  469;  avsument  of,  55.8, 
554;  letters  to,  555,  556;  letters  from,  556, 
557. 

Haumiond,  Jonathan,  113. 

Hancock,  Gov.  John,  petition  to,  254 ;  letter 
to,  582;  i)roclamation  of,  583. 

Hancock,  Ji>seph,  a  courier,  226,  288;  deposi- 
tion of.  232.  288,  746. 

Hanson,  John,  686. 

Hardiclay.  John,  77. 

Hardwav,  77. 

Harlow,"  Eleazer.  281. 

Harney,  John,  60,  73S. 

Harney,  Jonatlian.  60. 

Harper  or  Ilarpur,  Eobcrt,  649;  petition  of, 


182;  assigned  of  the  (jnorum,  134;  office 
held  by,  765. 

Harris,  Eilward,  198,  206,  846,  772. 

Harris,  Nathaniel.  111. 

Harrison,  Kichard,  653. 

Hart,  Richard,  a  ship  owner,  618,  622. 

Harvey,  Dr.  Solomc.n,  205,  2o6,  658,  750;  town 
clerk  of  Dummerston.  200 ;  his  account  of  a 
disturbance  at  Dummerston,  201 — 208;  his 
imtriotisni,  225. 

Haskell.  Prince,  capture  of,  882,  888. 

Hatch,  John,  815,  769. 

Hatch,  Joseph,  772. 

Hathorn,  John,  418. 

Haven,  El)ene2er,  257,  516. 

Havens,  Dantel,  escape  of,  884,  887;  burning 
of  the  house  of,  888. 

Havens,  Robert,  116;  his  escape,  884 

Haviland,  Col. ,  92. 

Hawks,  Col.  Zadok,  77,  92. 

Hawley,  Elisha,  118,  163,  168,  771,  772. 

Hawley,  Kev.  Gideon,  notice  of,  672,  673. 

Hawley,  Joseph,  89,  692. 

Haynes,  Abel,  96. 

Haynes,  Rev.  Asa,  111. 

Hayward,  Daniel,  109. 

Hays,  Rutherford,  757,  778;  petition  of,  507. 

Hazeltine,  Jacob,  206. 

Hazeltine,  Col.  John.  101,  204  205,  226,  236, 
244.  246,  248,  641.  643:  chairman  of  patriotic 
meetinffs.  198,  200,  206  ;  chosen  a  delegate, 
246,  247";  767  ;  letter  to,  654,  655. 

Hazeltine,  Mary,  punishment  of;  582. 

Hazen,  John,  125. 

Hazen,  Gen.  Moses,  412. 

Hazelton,  Betsey,  first  person  born  in  New- 
bury. 125. 

Hazleton.  John,  125. 126. 

Heath.  Mr. ,77. 

Heath,  Gen.  William.  281.  801. 

Hendee.  Mr. ,  courasre  of  his  wife,  her  ex- 
ploits and  humanity.  3SS,  898 — 895. 

Hendeison,  Henry.  .316. 

Henderson,  John.  38. 

Hendrick  Maqua,  16, 17. 

Henry,  Benjamin,  401,  772. 

Henry,  John,  87 ;  wounded  by  the  Indians, 
50. 

Henry.  Gov.  Patrick,  661. 

Hensdale,  John,  761. 

Heywood,  John,  42. 

Hide,  Joshua,  95. 

Hildreth,  Joseph,  257. 

Hill,  John,  at  the  siege  of  Boston,  618,  616  : 
proceedings  concerning,  621. 

Hill,  Richard,  imprisoned,  286  ;  at  the  siege  of 
Boston.  618. 

Hill,  William,  a  constable,  816  ;  a  doctor,  229, 
747. 

Hills.  James  or  Jeames,  789,  743. 

Hinkley,  Mr. .  112. 

Hinsdell.  Rev.  Ebenczer,  chaplain  at  Fort 
DuTnmer.  23 ;  builds  a  fort,  27 ;  nnder- 
commissary,  33  ;  letters  of,  77,  78;  his  cha- 
racter, 101. 

Hinson,  Capt. .  661. 

intchcock.  Samuel.  6G2. 

Hix,  Henry,  his  punishment,  368. 

Hobart,  John  Sloss,  764 

Hobbs,  (apt.  Humphrey,  89,  40  ;  his  cele- 
brated conflict  with  the  Indians,  45—49. 

Hodges,  Henry,  788. 

Hodt'es,  William.  2d.  789. 

Hoffman.  Anthony.  249. 

Hol.sington,  Ebenezor,  163, 257,  258. 

Hoisington,  Ebenczer,  Jr..  163. 

Hoisington,  Col.  Joab,  200.  246.  299,  728,  770, 
771 ;  major  of  the  rangers.  205,  640,  772  ;  his 
commission,  266  :  his  conduct.  267,  268,  270, 
271,  279  :  report  respecting,  274,  275  ;  wages 
paid  to.  282  ;  death  of,  286. 

Iloit,  Lieut, ,  49. 


790 


mDEX   OF   PERSONS. 


Holbrook,  John,  Jr.,  533. 

llolbrook,  Timothy,  582. 

Holden,  Francis,  753. 

Holland,  Lord,  141. 

Holland,  Sarah,  675. 

Holt.  John,  200.  758  ;  extract  from  his  gazette, 

748,  749. 
Holt,  William,  111. 
HoltoD,  Mrs. ,  troops  gather  at  her  house, 

617,  518. 
Holton,  Mrs.  Bethiah,  notice  of,  665. 
Holton,  Kbenezer,  109, 143. 
Homer,  Mary,  notice  of,  662. 
Hooker,  .John,  anecdote  of,  234. 
Hopkins,  Eoswell,  353. 
Hopkins,  William,  550. 
Hopkinson,  David,  120. 
Hopson,  John,  551. 
Horsmanden,  Hon.  Daniel,  168,  237. 

Horton,  Lieut. ,  883  ;  his  conduct,  394. 

Hosford  family,  116. 

Hoskins,  William,  738. 

Hosmer,  Aaron,  64. 

Hosmer,  John,  123. 

Hough,  Benjamin,  petition  of,  607. 

Houghton,  Aaron,  96. 

Houghton,  Daniel,  mortally  wounded  at  the 

Westminster  Massacre.  231. 
Houghton,  Edward,  230 
Houghton,  John,  194 ;  petition  of;  507. 
Houghton,  .Jonathan,  96. 
House,  Coombs,  116. 
House.   Col.   John,  commands   a  force,  389 ; 

pursues  the  Indians,  390  ;  his  conduct  blam- 
ed and  defended,  391,  392. 
House,  Nathaniel,  121. 
How,  Artemas,  758,  773. 
How,  Caleb,  26,  36,  743  ;    wounded,  75  ;   his 

death  and  epitaph.  76,  77. 
How,  Daniel,  86,  50,  69,  70. 
How,  Da«d,  758. 
How,  Hon.  Ebenezer,  Jr.,  26. 
How  or  Howe,  Mrs.  Jemima,  afterwards  Mrs. 

Tutc,  her  adventures,  75 ;  her  epitaph,  76, 

77  ;  iiotice  of,  706. 
How,  Nehemiah,  35, 36. 
Howard,  Col. ,  a  grantee  of  Hinsdale  (now 

Vernon)  and  Guilford,  171, 172. 
Howard,  Abner,  160. 
Howe,  David,  503. 
Howe,  Moses,  317. 
Howe,  Keuben,  120. 
Howe.  Simeon,  120. 
Howe,  Sir  William,  his  conduct  at  the  siege 

of  Boston,  610-619  ;  instructions  of,  614,  615 ; 

memorial  to.  620. 
Hubbard,  Abel,  96. 
Hubbai'd,  Hannah.  727. 
Hubbard.  Jonathan,  739,  74.3. 
Hubbard,  Joseph,  120,  748. 
Hulburt,  John,  742. 

Hunt,  Lieut. ,  42. 

Hunt.  Arad,  257 ;  a  courier,  226. 

Hunt.  Elisha,  111. 

Hunt.  Henry,  letter  of,  415. 

Hunt  John,  739,  742. 

Hunt.  Jonathan,  7,  111,  401,  410,  562,  565,  703, 

761  ;  a  messenger,  374,  375  ;  letter  entrusted 

to,  377 ;  high  sheriff,  438,  446  ;  resisted,  439 ; 

letter  to,  460  ;  petition  of,  507. 
Hunt,  Samuel,  102, 110, 114. 
Hunt,  Simon,  742. 
Huntington,  Samuel,  628. 
Hurlburt,  Josiah,  550. 
Ilutcliins,  lienjamin,  95. 
lIutfhiMS,  Charles.  761. 
Ilutcliinson  family,  118. 
llutcliinson,  Abijah,  384 
HutcUinson,  Elisha,  736 ;    Kev.,  anecdote  of, 

699. 
Hutchinson,  John,  8S4;  his  house  burned,  892. 
Hntchinsou,  Thomas,  79,  80. 


Hyde,  William,  628. 

Ide,  Ichabod,  109, 753. 
Ide,  Ichabod,  Jr.,  339. 
Ide,  Israel.  753. 
Ide,  Joseph,  339,  753. 
Illchester,  Earl  of,  140. 

Jackson,  .James,  at  the  siege  of  Boston,  615, 
616,  622. 

Jackson,  Willi.am,  his  conduct  at  the  siege  of 
Boston,  613 — 618 ;  imprisoned,  619 ;  exam- 
ined, 621,  622. 

Jacob,  Stephen,  703 ;  prompt  conduct  of,  548 ; 
wounded,  550 ;  a  commissioner,  559. 

Jauncey,  James,  an  address  by,  607,  60S. 

Jay,  John,  271,  290,  362 ;  letters  to,  337,  338, 
849,  352,  353,  362,  363  ;  letters  from,  350,  355, 
356,  082. 

Jay,  Joseph,  trial  of,  343, 344. 

Jetferson,  Thomas,  601 ;  policy  of,  698,  599. 

Jenne,  John,  550. 

Jethro,  Peter,  7. 

Jewel,  James  or  Jeames,  789,  742. 

Jewett  or  Jewet,  Capt.  Daniel,  96,  280,  834, 
772 ;  conduct  of,  095. 

Johnson,  Aaron,  248. 

Johnson,  Caleb,  125. 

Johnson,  Captive,  her  birth,  64,  591 ;  stones 
commemorative  of  the  birth  of,  65,  66. 

Johnson,  David,  586. 

Johnson,  Edward,  109 ;  an  author,  669. 

Johnson,  Isaiah,  109. 

Johnson,  James,  and  wife,  adventures  of,  64 — 
66,  6S. 

Johnson,  Jesse,  125. 

Johnson,  Joel,  43;  compelled  to  run  the 
gauntlet  44 

Johnson,  John,  669. 

Johnson,  Moses,  95,  96,  686 ;  conduct  of,  695. 

Johnson,  Col.  Thomas,  125, 586 ;  notice  of,  404 ; 
taken  prisoner,  405  ;  his  adventures  in  cap- 
tivity, 406—408  ;  biography  of,  666—669. 

Johnson,  William,  669 ;  Sir,  78. 

Johnston,  Dillington,  772. 

Johnston,  John,  761. 

Jones,  Beniamin,  Jr.,  856. 

Jones,  IXaiiiel,  petition  of,  182;  justice  of 
peace,  146 ;  deputy  surveyor,  149 ;  his  con- 
duct, 150,  151, 152. 

Jones,  Joseph,  738. 

Jones,  Dr.  Reuben,  196;  his  p.atriotism,  197, 
223,  224,  653;  his  narrative,  645,  746;  notice 
of,  763,  754 

Jones,  Hon.  Thomas,  700. 

Joy,  David,  a  justice,  765. 

Judd,  Enoch,  148,  163, 168. 

Kathan,  Charles,  96, 339 ;  a  lieutenant-colonel, 
444. 

Kathan,  Daniel,  842,  772,  773;  a  justice,  431, 
765. 

Kathan,  John,  82,  87,  342;  his  character,  108, 
109;  refuses  to  serve  in  the  Vermont  mili- 
tia, 356 ;  petition  of,  552. 

Kathan,  John,  Jr.,  82,  342. 

Keighley,  Kdward,  statements  of,  618;  im- 
prisiiiuMl.  619. 

Kello-g,  Daniel,  755. 

Kello^'LC.  Cupt.  Joseph,  18.  20;  commander  of 
Fort  Ininimer,  21 ;  his  friendship  with  the 
Indians,  23,  24 ;  an  interpreter,  26 ;  biogra- 
phy of,  669—678 :  a  commissioner,  738. 

Kellogg,  Capt  Martin,  Jr.,  12,  669 ;  notice  of, 
672.  673. 

Kelly,  John,  604,  629,  632,  633. 

Kelsev,  James,  550. 

Kemble,  Peter,  761. 

Kemble,  Samuel,  610. 

Kendall,  Amos,  550. 

Kendall,  Edward  Augustus,  extracts  from  his 
Travels,  688—592. 


CTOEX   OF   PERSONS. 


T91 


Kendall,  Isaac,  503,  510,  759. 

Kent,  Jacob,  notice  of,  125,  126;  a  commis- 
sioner, 2S9,  T6S :  offices  held  by,  769. 

Kent,  John,  cai>ture  of,  38S. 

Kewauchcuni,  17. 

Keyes,  Jonas,  Jr.,  96. 

Kidder,  Oliver,  a  coroner,  767 ;  an  ensign,  771 ; 
ft  lieutenant,  773. 

Kilburn,  John,  117 ;  account  of  the  fight  at  his 
fort,  74,  739—741 ;  his  epitaph,  742. 

Killaui,  Phiuehas,  429. 

Kimball,  Amos,  120. 

Kimball,  Col.  George,  65. 

Kimball,  Phinehas,  771. 

Kins,  John,  7, 690. 

King,  Joseph,  168. 

King,  Kufus,  a  commissioner,  568. 

King,  Titus,  73,  74. 

Kirbv,  Ecuben,  758,  760. 

Kirkiey,  John.  316. 

Knapp,  Epbraim,  503,  753. 

Kneeland,  Mr. ,  390. 

Kneeland,  Joseph,  a  prisoner,  3S5 :  murder  of, 
390. 

Knight,  Col.  Elijah,  515;  stationed  at  Guilford, 
521,  528;  conduct  of  his  men,  529;  increase 
of  his  force,  581 ;  he  retreats,  532. 

Knight,  JoeL,  wounded,  518. 

Knight,  Jonathan,  203,  772;  wounded  at  the 
Westminster  Massacre,  231. 

Knight,  ISamuel,  208,  311,  410,  699;  charged 
wUh  homicide,  280 ;  petitions  of,  507,  552 ; 
biography  of,  678—675 ;  offices  held  by,  763, 
767. 

Knight^  Simeon,  101. 

KnoVles,  Sir  Charles,  38. 

Knowlton,  Calvin,  notice  ot,  676. 

KnowUon,  Luke,  100,  227,  257,  291,  401,  410, 
761 ;  an  agent,  881 ;  remonstrates  with  Con- 
gress, 882;  flight  of,  485,  503;  seizure  of,  504, 
520;  a  side-judge,  543:  notice  of,  675,  676; 
inimical  conduct  of,  721 — 723;  office  held 
by,  765. 

Knowlton,  Hon.  Paul  H.,  676. 

Labaree,  Peter,  taken  captive,  64,  66. 

Lafayette,  Gilbert  Motier  de,  667. 

Lamb,  David,  759,  773;  his  arrest,  444;  trial 

and  fine  of,  452,  453;  deposition  of,  459. 
Lamb,  John,  624 

Lamont,  Capt. ,  660. 

Landers,  Eben,  760. 

Landers,  Joseph,  760. 

Langdon,  Mark,  charged  yvith  homicide,  230. 

Lansing,  John,  Jr.,  a  commissioner,  568,  559, 

564. 
Latherbee,  Timothy,  74a 
Laut'hton,  Jacob,  notice  of,  202. 
Laughtou,  John,  690. 
Laurens,  Henry,  letter  to,  824 
Law,  Andrew,  213. 
Law,  Michael,  96.  230. 
Lawrence,  John,  761,  769,  770. 
Lawrence,  Jonathan.  .Jr.,  50. 
Leavins,  Jedediah,  429. 
Lee,  Charles,  141 ;  Gen.,  letter  of,  646. 
Lee,  Thomas,  holds  a  court  martial,  329. 

Leeds,  Capt. ,  49. 

Le  Mott, ,  assists  to  lead  a  party  against 

Royalton,  883. 
Leonard,  Eliphalet,  788. 
Leonard,  Capt.  James,  738;   James,  2d,  738; 

James,  3d,  788. 
Leonard,  William,  788. 
Levins,  Peter,  163. 
Lewis.  Cron.  a  Frenchman,  75. 
Lewis,  Kobert,  761. 
L'Hommedieu,  Ezra,  418,  463;   letters  ft-om, 

464  466.  467,  685,  686  ;  report  of,  542.  54.3. 
Lincoln,  Gen.  Benjamin,  405,  067,  709. 
Lincoln,  Josiah,  7-38. 
Lincoln,  Thomas,  3d,  738. 


Liscomb,  Francis,  788. 
Little,  Joseph,  113. 

Livingston,  Peter  Van  Brueh,  245,  246,  256. 
Livingston,  Robert  K.,  290,  752 ;   a  commis- 
sioner, 558,  659. 
Liviniiston,  Gov.  William,  215. 
Lloyd,  Byfield,  74;?. 
Locklin,  Dennis.  96. 

Lord,  Dr. ,  69. 

Lord,  Joseph,  164;  assigned  of  the  quorum, 

134;  examination  by,  178;    letter  of,   662; 

notice  of  his  life,  67'7,  678;  offices  held  by, 

763,  764,  765. 
Lord,  Nathaniel,  778. 
Lord,  Sarah,  638. 
Lot,  Abraham,  566,  734,  761. 
Lott,  Johannes  E.,  524 
Loudon,  Lord,  84. 
Lovejoy,  Abijah,  206,  771. 
Lovejov,  Peter,  curious  wedding  of,  586. 
Lovell,  Elijah,  381. 
Lovell,  Enos,  336. 
Lovell,  Michael,  101. 
Lovell,  Oliver,  401.  410,  765,  771. 
Lovell,  Timothy,  328 ;  his  woodfarm,  627. 
Lovewell,  Capt.  John,  victory  of,  586. 
Love  well,  Capt.  Nehemiah,  125;  his  services, 

412. 
Low,  Isaac,  letter  from,  196,  197;   his  letter 

read  at  Westminster,  198;   action  on  the 

letter  of,  199,  200. 
Lowell,  John,  attorney,  622. 
Ludlow,  Cary,  surrogate,  626. 
Ludlow,  Thomas,  147, 

Lukens,  Mr. ,  644 

Lull,  Capt. ,  fight  at  his  house,  549, 550. 

Lull,  Moses,  548. 

Lull,  Timothy,  114,  771 ;  names  Lull's  brook, 

115. 
Lull,  Timothy,  Jr.,  429 ;  the  first  person  born 

in  Hartland.  115. 
Lusher,  Joseph,  339. 
Lyman,  Elias,  690. 
Lyman,  Elijah,  761. 
Lyman,  George,  756. 
Lyman,  Eev.  Gershom  C,  398. 
Lyman,  Gideon,  117, 118, 119,  690. 
Lyman,  Joel,  761. 
Lyman,  Phineb.is,  99. 

Lynd  or  Lvnde,  Daniel,  425,  426;  fined,  462. 
Lynd  or  Lynde,  Joshua,  426,  757;  fined,  452. 
Lynd.  Leumel,  757. 
Lyndhurst,  Lord.  690. 
Lynds,  Daniel,  111. 
Lyon,  Zebulon,  771,  772. 

MacNachten,  Alexander,  765. 

Macomber,  Stephen,  738. 

Madison,  .Tames,  601;  election  of,  699;  opi- 
nion of,  723. 

Malcom,  William,  524. 

Manly,  Com.  John,  his  exploits,  618,  622,  623. 

Mann,  Charles,  109. 

Mann,  Daniel,  42. 

Mann  or  Man,  Isaac,  petition  of,  132 ;  assigned 
of  the  quorum,  134;  ollices  held  by,  768, 
765. 

Mansfield,  Martha,  punishment  of,  582. 

Marsh,  Mr. ,  618. 

Marsh,  Abel,  801. 

Marsh,  Elias,  first  person  born  in  Sharon,  116. 

Marsh,  Joel,  a  justice,  769;  a  captain,  771. 

Marsh,  John,  248;  John,  Jr.,  248. 

Marsh,  Jonathan.  112. 

Marsh,  Col.  Josi-ph,  248.  266,  274,  287,  291,  802, 
815,  703,  770,  771 ;  a  delegate,  254  255,  258, 
263,  767;  elected  deputy  governor,  814  ; 
orders  to.  839. 

Marsh,  William,  208.  425. 

Marshall,  San\uel.  G90. 

Martin,  Ebenezer,  160. 

Martin.  Grace.  690. 


792 


INDEX   OF   PERSONS. 


Martin,  Matthew,  413. 
Marvin,  Ebenezer,  708. 
Mason,  Petor,  a  prisoner,  388. 
Massamah,  23. 
Masseguun,  23. 
■    Mather,  Dr.  Cotton,  17,  IS. 
Matthews,  Joel,  802,  771. 
Mattoon,  Nathaniel,  789,  743. 
Maunsell,  Col.  John,  petition  of,  606. 
May,  John,  227. 
McOarra,  James,  761. 
McClnre,  Samnel,  a  captain,  390. 
McCoun,  John,  88. 
McDougall,  Alexander,  761. 
McDougall,  William,  761. 
MoFarland,  Jesse,  160. 
McKeau,  Thomas,  motion  of,  469,  470 
McKesson,  John,  252  ;  letters  to,  644,' 646,  647, 

McKinlay,  Alexander,  659. 
McKinney,  Daniel,  wounded  by  the  Indians. 
46,  47.  ' 

McLellan,  Mrs. ,  96, 

McPherson,  John,  762. 

McWain,  William,  a  sergeant,  834 ;  complaint 

of,  338,  340. 
Meganichcha,  7. 

Melendy,  Samuel,  426,  510,  759  ;  fined,  452  • 
examination  of,  586.  ' 

Melvin,  Cnpt.  Eleazer,  commands  a  scout,  40 ; 
is  attacked  by  the  Indians,  41  ;  his  courage 
and  fate  of  his  men,  42,  48,  48,  51.  °  ' 

Mercy,  John,  a  captain,  408. 
Merrick,  Isaac,  738. 
Merrill,  Nathaniel,  a  sheriff,  769. 
Messenger  family,  113. 
Metcalf,  Catharine,  761,  762. 
Metcalfe,  Simon,  544  ;  heirs  of,  565, 761, 
Miller,  Isaac,  5l6. 
Miller,  Robert,  758. 
Miller,  Samuel,  120. 
Miller,  William,  429. 
Mills,  Abraham,  605. 
Mills,  Simeon,  163. 

Minott,  Samuel,  359,  375,  756  ;  address  signed 
by,  83.5,  336,  874;   letters  to,  836,  337,  350 
851,  856,  857,  877,  878  ;  report  prepared  by! 
840  ;  letters  from,  860,  861,  362,  870,  371  ;  a 
major,  515. 
Minott,  Samuel,  Jr.,  771. 
Minott,  Dea.  Samnel,  69,  96,  206. 
Mitchel,  Ebenezer,  46. 
Moffat,  John,  307. 
Monroe,  James,  reference  to,  599. 
Montuzan,  Frances,  6(i4. 

»SV  SucJuinan,  Frances. 
Montuzan,  Margaret,  604. 

Moor,  I  ieut. ,  444. 

Moor,  John,  743  :  John,  Jr.,  743. 
Moore,  Abijah,  772. 
Moore,  Benjamin,  82. 

Moore,  Capt.  Faiibank,  82  ;  his  death  and  that 
ot  his  son,  and  capture  of  his  family,  86  87  • 
an  early  settler  of  Brattleborough,  104  ' 

Moore,  Fairbank,  Jr.,  82,  96. 
Moore,  Frank,  notice  of,  752. 
Moore,  Gov.  Henry,  107,  114,  116,  123,124  184 
178  ;  letter  from,  135  ;  his  efforts  to  advance 
civizilation,  139,  140  ;   grants  by,   141  ;    ap- 
plications to,  142,  171  ;    commission   from, 
691, 
Moore,  Jonas,  96  ;  his  house  robbed,  172. 
Moore,  Newell,  96, 
Moore,  Roderick,  760. 
Moore,  William,  conduct  of,  695. 
Moredock,  Benjamin,  248. 
Moredock,  Oliver,  24S, 

Morgan,  Mr. ,  a  British  secretary,  721 

Morris,  Gouverneur,  287,  290,  292  ;  letter  to, 

Morris,  Lewis  R,,  consultation  with,  655;  a 
commissioner,  563. 


Morris,  Richard,  147,  421,  428,  652 ;  letter  of. 

4.30;  jurat  of,  529;  affidavit  of,  752;  office 

held  by,  764. 
Morris,  Robert,  487 
Morris,  Roger,  186. 
Morrison,  John,  87. 

^^^n'^^i"/  P^ol'ert,  heads  a  riot,  548  ;  trial  of, 

Ma,  550.  t 

Morrison,  Thomas,  765. 
Morse,«Ebenezer,  100. 
Morse,  John,  236. 
Morse,  Moses,  429. 
Moseley,  Increase,  703. 
Moylan,  Stephen,  622. 
Mumford,  Paul,  722. 
Munroe,  Reuben,  punishment  of,  588 
Munsell.  Benjamin,  550. 
Munsell,  Daniel,  548  :  Daniel,  Jr.,  548. 
Munsell,  Thomas  Lazel,  548 
Murdock,  Thomas,  315. 
Murray,  Gen.  George,  92. 
Myrick,  Capt. ,  897. 

Nailer,  Michael,  a  prisoner,  624. 

Nannatoohau,  23, 

Nash,  Ephraim,  718. 

Nash,  Timothy,  120. 

Nawelet,  7. 

Nelson,  Thomas,  trial  of,  343,  844. 

Nesbit,  Jane,  762. 

Newell,  Elihu,  230. 

Newman,  Henry,  736. 

Newton,  Rev.  Ephraim  H.,  99,  895,  691. 

Newton,  John,  taken  prisoner,  882. 

Newton,  Richard,  imprisoned,  619, 

Nichols  or  Nicholls,  Ephraim,  868,  425 

Nichols,  Paul,  486,  757. 

Nichols,  Samuel,  257,  765 

Nicholson,  Col. ,  12. 

Nicholson,  John,  524. 

NicoU,  William,  189. 

Niles,  Nathaniel,  a  side  judge,  548. 

Nixon,  Elias,  762. 

Noble,  Jonath.an,  163. 

Noble,  Samuel,  508,  759. 

Noonoowaumet,  17. 

Norman,  Henry  M.,  683. 

Norman,  Thomas,  565  ;  and  wife,  632,  688  762 

Norton,  Andrew.  116,  168, 828  '       >        • 

Norton,  John,  257,  201,  631,  753 ;  notice  of 

221 ;   objections  to.   251,   252 ;  trial   of,  843! 

344  ;  anecdote  of,  680. 
Noyce,  John,  his  services,  531. 
Noyes,  Gorham,  511. 
Noyes,  John,  511 :  Hon.  John,  96, 
Nurse,  Caleb,  759. 
Nurse,  Joshua,  426,  505,  758,  778. 

Oaks,  Seth,  411. 

Odell,  Mr. ,  263. 

Ogden,  Capt.  • ,  his   march    with  Robert 

Rogers,  90. 

Olcott,  Mr. ,  a  justice  cf  the  peace,  178 

Olcott,  Eli.as,  410. 

Olcott,  Peter,  315 ;  a  commi.«sioner,  289  768 

Olcott,  Simeon,  626,  651,  754.  ' 

Olcott,  Timothy,  280  ;  a  coroner,  767. 

Olden,  John,  7.57. 

OUI(»nail  John.  116. 

Oliti,  CicU'on,  562  ;  consultation  with,  555 

<-)liver,  AVilliam,  329,  aso. 

Onslow,  Robert,  a  capture  by,  661. 

Ontaussoogoe,  treaty  with,  24,  786—788. 

Oothoudt,  Henry,  419.  "— 'oo. 

Orr,  I.saac,  816,  778, 

Ortley,  Barbara,  762. 

Orvis,  Gershom,  488. 

Orvis,  Weightstill,  773. 

Osgood,    Benjamin,   43  ;    his  captivity   and 

death,  44,  r        j 

Osgood,  Christopher,  charged  with  homicide, 

230 ;  a  letter  carrier,  721 ;  arrest  of,  722. 


INDEX   OF  PERSONS. 


793 


Osgood,  Samuel,  722. 
Osmer,  John,  123. 

Otly,  Capt. ,  T24. 

Owen,  Caleb,  511. 

Packard,  Squire,  fight  at  the  house  of,  517, 
51-8. 

Packer,  Charles,  758. 

Packer,  Ichabod,  758. 

Packer,  James,  426.  757. 

Paddletbrd,  Jonathan,  Jr.,  788, 

Page,  David,  115,  120. 

Page.  Jacob,  his  captivity,  405,  40b. 

Page,  Samuel,  120. 

Page,  William,  letter  to,  597. 

Paine,  Elijah,  a  commissioner,  559  ;  United 
States  senator,  598. 

Paine,  Kphraim,  524;  representation  o^  586. 

Paine,  Eobert  Treat,  623. 

Painter,  Elizabeth,  638. 

Palmer,  George,  a  justice,  765. 

Pannel,  John,  431,  765,  773. 

Park,  Dea.  Jonathan,  100. 

Park,  Lucy,  the  first  child  born  in  Newfane, 
100. 

Parker,  Asa,  757. 

Parker,  Ebenezer,  515. 

Parker,  Isaac,  87. 

Parker,  James,  36. 

Parker,  Joshua,  95. 

Parker,  Capt.  Koswell,  96. 

Parkhurst,  Capt.  E.,  3S6. 

Parkhurst,  Capt.  John,  his  kind  conduct,  385. 

Parkhurst,  Phineas,  his  endurance,  887. 

Parkhurst,  Tilly,  3S6,  387. 

Parkis,  Samuel,  248. 

Parks,  Amariah,  758. 

Parmelee,  Alexander,  230. 

Parsons,  Simeon,  691. 

Parsons,  Timothy,  97. 

Partridge,  Oliver  96,  97,  692. 

Partridge,  Capt.  b.,  his  store  robbed,  615,  616; 
petition  of,  622. 

Partridge,  Samuel,  15, 105,  762. 

Paterson,  William,  232,  328,  726;  high  sherifi', 
202,  218,  766 ;  his  measures  for  defence,  219 ; 
charged  with  homicide,  230 ;  imprisoned, 
286 ;  money  paid  to,  23S ;  notice  of,  678,  679. 

Patrick,  Matthew,  a  captain,  550. 

Patrick,  Samuel,  147,  148. 

Patterson,  Eleazer,  206,  291.  299,  806,  817,  884, 
838,  346 ;  report  of,  294—290 ;  letters  of,  836, 
879 ;  triiil  of,  343,  844 ;  letter  to,  878 ;  com- 
munication of,  380 ;  a  justice,  431 ;  petition 
of,  552;  offices  held  by,  764,  765,  773. 

Patterson,  Kobert,  772. 

Patterson,  Walter,  140. 

Paugus,  586. 

Payne,  Elijah  Freeman,  a  lieutenant,  658,  659, 
660. 

Peabodv,  Nathaniel,  letter  of,  668. 

Peak,  John,  74,  740;  his  death,  742. 

Pearson,  Mr. ,  7. 

Pease,  John,  19. 

Peck,  Capt.  Joseph,  476,  506,  546,  773 ;  orders 
a  rescue,  426 ;  his  trial,  450 ;  search  for,  508 ; 
grant  of  lands  to,  545,  758. 

Peirce,  Anthony,  742. 

Peirce,  John,  739,  742. 

Pember,  Thomas,  death  of,  384. 

I'emberton,  Ebenezer,  736. 

Penniman,  Dr.  Jabez,  631 ;  his  wife,  682. 

Penmick,  J.imes,  oflices  held  by,  769. 

Pennock,  Samuel,  160. 

Perham,  Jonathan,  896. 

Perin,  John,  771. 

Perkins.  Moses,  43. 

Perry,  Jabcz,  75.3,  772. 

Perry,  John,  61,  95. 

Perry,  William.  839. 

Peter  Parley,  reference  to,  601. 

Peters,  Andrew  B.,  124. 


Peters,  John,  ^24, 160,  768,  769. 

Petty,  John,  768. 

Petty,  Joseph,  42. 

Phelps,  Charles,  97,  206,  244,  401,  4S3,  499,  605, 
607,  658,  693;  removes  with  his  family  to 
Marlborough,  99;  petition  drawn  bj-,  207; 
letters  of,  277,  363,  4^34,  489,  495 ;  his  efforts 
for  the  defence  of  Cumberland  county,  300 
— 802;  memorial  of,  306, 3o7 ;  sent  to  Kings- 
ton, 301 ;  at  Philadelphia,  302,  463,  404,  406, 
468 ;  attacks  an  officer  and  is  fined,  872. 373 ; 
remonstrance  by,  421 ;  loyalty  of  himself  J 
and  family  to  New  York,  423 ;  documents 
prepared  by,  427 — 429;  mission  to  Poiigh- 
keepsie,  430,  460;  appointed  to  office,  431; 
charges  against,  446,  447;  his  library  sold, 
449;  an  agent,  450,  457 ;  resolve  of  Congress 
touching,  467 ;  depositions  of,  479,  498 ;  re- 
turn of,^  486,  487 ;  imprisonment  of,  506 ; 
petition  for  release  of,  6o7 ;  sale  of  his  estate, 
513;  trial  of,  620;  attainted  of  treason,  521; 
petition  and  pardon  of,  626,  627,  530,  5-37; 
grant  of  lands  to,  545,  757;  biogi-aphy  ot, 
679—688;  geneiihjgy  of  the  family  of,  o'S9^ 
691 ;  offices  held  by,  763,  764,  765,  "707. 

Phelps,  Charles,  Jr.,  492 ;  scene  at  his  house, 
611—613;  genealogy  of,  6*9—691;  notice  of, 
692. 

Phelps,  Hon.  Charles,  642,  694. 

Phelps,  Hon.  James  H.,  letter  from,  691. 

Phelps,  John,  442,  694. 

Phelps,  Nathaniel,  679,  690. 

Pheljjs,  Solomon,  99, 245;  ordered  out  of  town, 
277 ;  library  of,  449 ;  genealogy  of,  689—691 ; 
biography  of,  691,  692';  an  attorney,  767. 

Phelps,  Tiniothy,  99,  489,  499,  521.  680,  758, 
771 ;  attacks  aa  officer  and  is  fined,  372,373; 
attempt  to  arrest,  440 ;  floors  a  constable, 
441,  448 ;  firm  and  prudent  conduct  of  his 
wife,  442,  443 ;  is  arrested  by  Ethan  Allen, 
443,  444 ;  trial  of,  446,  447  ;  sentence  of,  448, 
400,  684;  resolve  of  Congress  touching,  470; 
letter  of,  490;  account  of  his  imprisonment 
and  release,  492 — 498;  petition  of,  507; 
bearer  of  dispatches.  611 ;  capture  and  re- 
lease of,  612,  513 ;  his  proceedings,  523 ;  tes- 
tifies before  the  Senate  of  New  York,  524; 
genealogy  of,  6S9— 691 ;  biography  of,  693, 
694 ;  his  family,  694 ;  a  sheriff,  766. 

Philip,  an  Indian,  740,  741. 

Philips,  Mr. .,  685. 

Phillips,  Elijah,  511. 

Phippen,  Atwater,  753. 

Phippen,  Joseph,  753. 

Phijipen,  Samuel,  763. 

Phips,  Lieut.-Gov.  Spencer,  86. 

Phips,  William,  death  of,  34,  76. 

Pierce,  Elisha,  759 ;  quarter-master,  485,  773, 

Pierce,  Ephraim,  772. 

Pierce,  Joseph,  230. 

Pierce,  Thomas,  trial  of,  848,  844. 

Pierce,  William,  759 ;  trial  of,  843,  344. 

Pike,  Jacob,  50. 

Pingry,  Hon.  William  M.,  119, 184,  267,  297. 

Pinheo,  J.ames,  Jr.,  112. 

Pitkin,  William,  736. 

Pitt,  William,  649. 

Piatt,  Elizabeth,  700. 

Piatt,  Zephaniah,  271. 

Plenderleaf  John,  565,  762. 

Pomagun,  17. 

Pomroy,  Ebenezer,  691. 

Pomroy,  Nathaniel,  10. 

Pond,  Caleb,  his  shrewdness,  441,  442. 

Poopoonuck,  17. 

Porter,  Col.  Eleazer,  24,  49,  762 ;  a  commis- 
sioner, 738. 

Porter,  Elisha,  a  sheriff,  512 ;  his  conduct, 
51.3. 

Porter,  James,  Jr.,  63. 

Porter,  Noah,  116. 

Porter,  Hon.  Saumel,  642. 


794: 


INDEX   OF   PERSONS. 


Po-well,  Anna,  106. 

Powers,  Ephralm,  wounded  by  the  Indians, 

50. 
Powers,  Rev.  Grant,  researches  of,  120,  5S6. 
Powers,  Jerathmiel,  25T. 
Powers,  Nathaniel,  116,  118. 
Powers,  Peter,  739,  743:  Kev.  Peter,  126. 
Powers,  Simeon,  116 :  Simeon,  Jr.,  116. 
Powers,  William,  772. 
Pownall,  Gov.  Thomas,  91. 
Pratt,  Isaac,  99. 
Pratt,  Samuel,  738. 
Prescott,  Gov.  Eobert,  649. 

Price,  Capt. ,  378. 

Priest,  Eleazer,  40. 
Prince,  Samuel,  264 

Pritchard,  Capt. ,  405. 

Prouty,  Elijah,  413,  420,  436,  757 ;  depositions 

of,  414,  724;  a  justice,  431;  petition  of,  607; 

offices  held  by,  764,  765,  768. 
Prouty,  Francis,  773;   assault  by,  508,  504; 

petition  of,  507 ;  capture  of,  50S ;  his  trial, 

520 ;  grant  of  lands  to,  645,  757,  759. 
Prouty,  Hichard,  773. 
Putnam,  Adonijah,  426,  505,  759, 
Putnam,  Gen.  Israel,  75,  76,  114. 
Putnam,  James,  letter  of,  650. 
Pyncheon,  John,  7. 

Quimby,  Mr. ,  78. 

Eale,  Sebastian,  14. 

Kamsay,  David,  471. 

Eamsay,  I'eter,  order  to,  618;    imprisoned, 

619 ;  a  captain,  622. 
Eand,  Robert,  763. 
Eandolph,  John,  his  sentiments,  599. 
Eanney,  Ephraim,  202,  773;    an  innkeeper, 

14S,  158;  a  cajHain,  445;  a  justice,  765. 
Eanney,  Silence,  16S. 
Eansom,  Hon.  Epaphroditus,  his  mother,  642; 

letter  of,  643. 
Eathburn,  Wait,  659. 
Eay,  Patrick,  36. 
Eead,  John,  736. 

Eeed,  Mr. ,  alarm  by,  396. 

Eeed,  Isaac,  336,  773. 

Reeve,  Tapping,  595. 

Reynolds,  B.,  96. 

Rice,  Asa,  73:  Capt.  Asa,  363,  773;  letter  of 

415. 
Eice,  Barzillai,  401,  460 ;  deputy  sheriff,  425 ; 

prudence  of,  504.  505;  resistance  to,  520. 
Eice,  Ephraim,  503,  759;   his  property  sold, 

856. 
Eice,  Josiah,  426,  757. 
Eice,  Mieah,  110,  111,  868,  773. 
Rice,  Capt.  Moses,  73. 
Rice,  Phineas,  368. 
Eice,  Eali)h,  47. 
Rich,  Daniel,  7T2. 

Richardson,  Mr. ' ,  law  suit  of,  710. 

Richardson,  James,  753. 

Richanlsim,  Joseph,  43. 

Richiiiond,  Henry,  738. 

Eichmonil,  Joseph,  733. 

Eider,  Oliver,  206. 

Eittenhouse,  David,  644. 

Rix,  Daniel,  escape  of  himself  and  family,  385, 

3S6. 
Rix,  Gardner,  a  prisoner,  886,  887. 
Eobbins,  Jehiel,  772. 
Rdbbiiis,  Thomas,  86. 
Robljiris,  William,  36. 
Roberts,  EtK-nezer.  757. 
Roberts,    Giles,   426,    757;    examination    of, 

536. 
Roberts,  William,  8.30. 
Robertson,  Amos,  a  commissioner,  2S9,  76.3. 
Robertson,  Gen.  James,  advice  of,  613 ;  con^ 

sultation  with,  616;  orders  of,  617;  memo- 
rial to,  620. 


Robertson,  Nathaniel,  230,  753. 

Robertson,  Reuben,  768. 

Robertson,  Samuel,  206. 

Robinson,  Amos,  429,  771. 

Robinson,  Beverly,  letter  from,  721. 

Robinson,  Elijah,  551,  703. 

Robinson,  Ezra,  230 ;  his  property  sold,  856. 

Robinson,  Moses,  477,  562 ;  chief  judge,  340. 
878, 446,  520 ;  anecdote  of,  342,  600 ;  appoint- 
ed to  visit  the  Yorkers,  375 ;  incident  in  the 
life  of,  493,  494,  497;  agent,  539;  United 
States  senator,  598 ;  marriage  performed  by, 
631. 

Robinson,  Nathaniel,  206,  627. 

Robinson,  Samuel,  486;  his  opinion,  479;  a 
justice,  765. 

Rogers,  James,  206,  770;  notice  ot  249,  250: 
offices  held  by,  764,  766. 

Rogers,  James,  Jr.,  249, 

Rogers,  Oliver,  550. 

Rogers,  Paul,  550. 

Rogers,  Maj.  Robert,  the  distinguished  ranger, 
73,  88,  114;  destroys  the  village  of  St. 
Francis,  89 ;  his  disastrous  march,  90,  91. 

Rood,  Daniel,  378,  379. 

Roosevelt,  Mr. ,  686. 

Root,  Dorothy,  679. 

Root,  Elisha,  773. 

Root,  Ilezekiah,  679. 

Root,  Jesse,  deputed  to  visit  the  Grants,  350, 
858. 

Root,  Samuel,  773;  trial  of,  348,  844 

Root,  Timothy,  772,  773;  acts  as  a  judge,  868. 

Rosbrook,  Eleazer,  120. 

Rosbrook,  James,  120. 

Rose,  Joseph,  49. 

Rosebrook,  James,  147, 148, 149. 

Rosevelt,  Isaac,  762. 

Rouville,  Maj,  Hertel  de,  10, 11, 12. 

Row,  Daniel,  Mary,  daughter  of,  594. 

Row  alias  Munroe,  Reuben,  punishment  of^ 
583. 

Rowe,  John,  robbery  of,  615;  petition  ofi 
622. 

Eugg,  David,  85,  86. 

Ruggles,  Benjamin,  788. 

Russel.  Noadiah,  121. 

Rutledge,  John,  464,  722. 

Sabin,  Daniel,  trial  of,  848,  344 

Sabin,  Noah,  202,  208,  223 ;  settles  in  Putney, 
95,  96;  his  firmness,  218,  220,  635,  636;  im- 
prisoned, 2-36;  trial  of,  343, 344 ;  kindness  of, 
398,399;  biography  of,  694— 697 ;  statements 
of,  726,  747;  office  held  by,  764,  765. 

Sabin,  Noah,  Jr.,  839,  410;  biography  of,  697, 
698. 

Sackett,  an  Indian  chief,  fights  with  Capt. 
Hobbs,  45—48. 

Safford,  Capt. ,  commander  of  a  fort,  383, 

384. 

Safford,  Maj.  Jesse,  551. 

Safford,  Jonathan,  816,  719. 

Safford,  Joseph,  619. 

Safford,  Philip,  768;  his  bravery,  231,  232, 
233. 

Salisbury,  Hale,  758. 

Saltonstall,  Gov.  Gurdon,  14, 106,  786. 

Saltoiistall,  Mary,  736. 

Saltonstall,  Richard,  7;}5. 

Sanderson,  James,  11.5,  116. 

Sargeant,  David,  104 ;  David,  Jr.,  104 

Sargeant,  Jabez,  109,  283. 

Sargeant,  John,  the  first  white  person  born  in 
Vermont,  104.    iSee  Sergeant,  John. 

Sargeant,  Capt.  Stephen,  224, 753. 

Sargeant,  Thomas,  104. 

Sargent,  John,  24. 

Sargent,  Ezra,  315. 

Sargents,  Lemuel,  386. 

Sartwell,  Jonathan,  39. 

Sartwell,  Josiah,  26. 


EfDEX   OF   PERSONS. 


795 


Sartwell,  Obadiah,  63. 

Savage,  Saniufl  Stow,  408. 

Bawlell,  Daniel,  116,  117. 

Sawtell,  Jacob,  116. 

SawtcU,  Oliver,  116. 

Sawyer,  Abner,  99. 

Sehlatier,  Michael,  executors  of,  762. 

Schuyler,  Col.  Peter,  IT,  ;«,  75,  109. 

Schuyler,  Gen.  Phihp,  276,  286,  2S7,  239,568, 
55S,  6o6,  60n  729. 

Scolliiv,  John,  robbed,  615,  616;  certificate  of, 
621 ;"  petition  of,  622. 

Scott,  Eli.  46. 

Scott,  John  Morin,  24S,  296,  762. 

Scott.  Samuel,  118. 

Scott,  Thomas.  511. 

Seaman,  Benjamin,  ISO;  memorial  of,  603,609. 

Seelye,  Abner,  772. 

Sergeant,  or  Sergeants,  or  Serganta,  or  Ser- 
jeants. orSargearit.  or  Sargeants,  Col.  John, 
257,  258,  3S1,  397,  401  :  meetings  at  the 
house  of.  294—297,  811,  313,  359,  .50  ;  trial 
of,  343.  344  ;  communication  of,  380  ;  orders 
out  militi.i,  475,  504  ;  regiment  of,  515  ;  peti- 
tion of,  552  ;  office  held  by,  7&4,  772,  7T3. 

Sergeant,  Kev.  John,  672. 

Sergeant,  Thomas,  235. 

Serjeants,  D.iniel,  40. 

Serjeants,  Lieut.  John,  40 

Sessions,  Darius.  315. 

Sessions,  John.  199.  264,  266,  274.  291 ;  a  dele- 
gate, 26S,  263 ;  information  of,  270,  271 ; 
loan  to,  282  ;  letters  of,  287,  288,  289,  306  ; 
letter  to,  29S  ;  trial  of.  343,  a44  ;  agent  to 
Gov.  Clinton,  353 ;  representative  in  the 
New  York  Assembly,  361,  767,  768  ;  exa- 
mination before,  536 ;  anecdote  ofi  733 ; 
offices  held  by,  768,  764. 

Severance,  Samuel,  42. 

Severs,  Nathaniel,  551. 

Sewall.  Samuel,  18. 

Shattuck,  Daniel,  82  :  Daniel,  Jr.,  82. 

Shattuck,  Gideon,  82. 

Shattuck,  William,  426,  435, 451,  482,  521 ;  his 
boldness,  425  ;  a  militia  officer,  431,  773  ; 
his  arrest,  444.  5i»5,  5ii6  ;  his  trial,  446,  447 ; 
his  sentence,  448,  460,  684  ;  an  agent,  462, 
403  ;  at  Poughkeep-ie,  464,  468,  469  ;  at 
Philadeli)hia,  465,  686 ;  contrressional  re- 
solve concerning,  4<37,  470  ;  reaches  home, 
474 ;  an  expedition  of,  475 ;  affidavit  of, 
473  ;  account  of,  487,  438  ;  petition  for  re- 
lease of,  507  ;  petitions  of^  526,  541,  542  ; 
lands  granted  to,  542 — 547,  757,  75S,  759  ;  a 
member  of  Assembly,  763. 

Shaw,  Mr. ,  613. 

Shays,  Daniel,  709. 

Sheaff,  Samson,  743. 

Shefflin,  Jacob,  702. 

Shelburne,  Earl  of,  letter  to,  135. 

Sheldon,  Lieut. ,  47,  49. 

Sheldon,  Hannah.  718. 

Shepardson,  Daniel,  426,  759  ;  letters  of,  414, 
415.  484,  545.  546  ;  a  messenger,  422  ;  a  jus- 
tice, 431.  765  ;  threats  against,  474  ;  agent, 
4'>{i ;  arrested.  522. 

Shepardson,  John,  111 ;  a  side  judge,  840 ;  at- 
tempt to  arrest,  475. 
Shepardson,  Joseph,  505,  758 :    Joseph,   Jr., 

610. 
Shepardson,  Nathaniel,  510. 
Shepardson,  Noah,  426,  510,  758. 
Shepardson,  Samuel,  a  pilot,  516. 
Sheiiardson,  Stephen,  772. 
Shepardson,  Zejihaniah,  757. 
Sherburne,  Andrew,  memoirs  of,  406. 
Sherburne  or  Sherburn,  Henry,  317,  743,  778; 
acts  as  a  judsre,  368  ;  petition  of  the  widow 
of  552. 
Sherburne,  John.  757. 

Sheridan,  liicliard  Brinslev,  anecdote  of,  584. 
Sheriff,  Maj. ,  advice  of,  617. 


Sherwood,  Capt. ,  808,  407. 

Shipman,  Edmund.  758. 

Shirley,  Gov.  "William,  84,  37,  88,  52,  67,  68, 
670,  672,  740  ;  correspondence  of  concerning 
Fort  Dummer,  29 — 32;  proposes  a  protec- 
tive union,  63  ;   his  measures  for  defence,  64. 

Shnldham,  Admiral ,  617  ;  orders  of,  618. 

Sill,  Eichard,  a  commiselouer,  S59  ;  letter  of^ 

595. 
Sim,  Peter,  762. 
Simmons,  Jehiel,  119. 
Simonds,  Titus,  326,  328. 
SImonds  or  Simons,  "William,  267  ;  foreman, 
446. 

Sims,  Capt. ,  74 

Skinner.  Samuel,  95. 

Slade,  Gov.  William,  remarks  of^  56T,  578. 

Slafter,  John,  lia 

Slater,  Isaac,  759. 

Sleeper,  Samuel,  123, 124;  a  Qtiaker  preacher, 

125  ;  offices  held  by,  768,  769. 
Smalley,  Kev.  Elam,  D.D.,  40. 
Smith,  Asahel,  a  captain,  551. 
Smith,  Diana.  762. 
Smith,  Ebenezer,  113,  739. 
Smith,  Edward,  his  opinion,  413,  414 ;  com- 
plaint of,  504 
Smith.  Gov.  Israel.  257,  297.  811,  339,  602,  758; 
a  commissioner,  289,  559,  768,  768  ;  an  atrent, 
292,  414  ;    his  mission  to  New  York,  294  ; 
letters  of,  814,  820  ;  letter  to,  321 ;  statement 
of,  728  ;  a  justice,  769. 
Smith,  John,  2d.  738. 

Smith.  Melancton,  457  ;  a  commissioner,  559. 
Smith,  Noah,  state's  attorney,  840,  343  ;  anec- 
dote of,  600. 
Smith,  Keuben,  758. 
Smith,  Kichard,  623. 
Smith,  Samuel,  120,  743 ;  first  child  born  In 

Windsor,  114. 
Smith,  Seth,  291,  292,  757,  758,  771 ;  is  arrest- 
ed, 414  415  ;    agent  and  representative  for 
the  friends  of  New  York,  416 — 419  ;  arrests 
Micah  Townsend,  703. 
Smith,  Capt.   Steel  or  Steele,  113,  114,  168 ; 

remarks  of,  167, 168. 
Smith,  William,  123,  156, 157,  666,  724,  762  ;  a 

chief  justice,  721. 
Spafford.  Asa.  S6. 
Spafiford,  EliphaJet,  773. 

Spaulding,  Lieut.  Leonard,  96,  172,  262,  410, 
627 ;  his  imprisonment,  202  ;  his  release,  208, 
215 ;  his  patriotic  exertions,  225 ;  arrest  by, 
720. 
Spaulding,  Joth.^m,  758.  ^ 

Spear,  Andrew,  113. 
Spencer,  Gen.  Joseph,  626. 
Spencer,  Abel,  .330. 
Spencer,  Dr.  Elihu,  700. 
Spencer,  Taylor,  IIS,  773. 
Spencer,  Timothy,  118,  771. 
Spicer,  Daniel,  account  of  th^  death  of,  628 — 

533,  694 
Spicer,  Jabez,  death  of,  530. 
Spooner,  Eliakim,  an  adjutant,  515,  517. 
Spooner,  Dr.  Paul,  198,' 206,  247,  251,  252,  253, 
25.5,  314;    chosen  a  deleg.ite,  246,  250,  767 
chosen  sheritf,  291,  766;  a  side  judge,  446 
a.deputy  governor,  478 ;  a  chief  judge,  548 
a  commissioner,  627;  biography  of,  698,699 
Sprague,  Capt.  Elkanah,  411. 
Squire,  Keuben,  3S0. 
Stacv,  Philemon,  611. 
Stafford,  John,  Jr.,  426. 
Statt'ord,  Samuel,  773. 
Staples,  Seth,  738. 
Star  Comfort,  878. 
Stark,  Gen.  John,  88,  92, 114 ;  runs  the  gaant 

let,  44 ;  taken  prisoner,  62,  63. 
Stark,  William,  62. 
Stearns,  David,  743. 
Stearns,  Jonathan,  208,  674 ;  notice  of,  699. 


796 


INDEX    OF    PEKSONS. 


Stebbins,  Asahel,  ST. 

Stebbins,  Benjamin,  leads  a  riot,  548. 

Stebbins,  Joseph,  317. 

Stebbins,  Zebulon,  his  conflict  with  the  In- 
dians, S3. 

Stedman,  Nathaniel,  100. 

Steele,  Zadock,  a  prisoner,  890;  his  adven- 
tures, 391 ;  his  account  of  his  own  sufferings 
and  captivity,  and  of  the  burning  of  Koyal- 
ton,  895. 

Stephens,  Lieut. ,  89. 

Stephens,  Nicholas,  78S. 

Stevens,  Charles,  40. 

Stevens,  Gen.  Elias,  his  valiant  conduct,  385, 
386 ;  escape  of  his  wife,  887,  388. 

Stevens,  Enos,  53. 

Stevens,  Francis,-762. 

Stevens,  Henry,  Jr.,  his  captivity,  43,  44, 

Stevens  John,  291,  763. 

Stevens,  Capt.  Phineas,  38,  39,  40,  41,  42,  43, 
48,  62 ;  engaged  in  scouting  expeditions,  49, 
50. 

Stevens,  Samuel,  565,  762;  letter  from,  252; 
offices  held  by,  764,  765. 

Stevens,  Simeon,  160. 

Stevens,  Simon,  113,  117, 118, 119,  206, 255,  257, 
266,  275,  2S6,  291,  292,  295,  305,  306,  319, 401, 
754,  770 ;  deposition  of,  131 ;  receives  a  cap- 
taincy and  is  made  a  constable,  135,  634 ;  a 
delegate,  25S,  263,  767;  a  brigade  major,  267, 
772;  information  of,  270,  271;  loan  to,  282; 
a  justice,  4.31,  764,765. 

Stewart,  James,  757. 

Stewart,  Joseph,  Jr.,  773, 

Stimpson,  Ephraim,  718. 

Stinson,  David,  62. 

Stirling,  Eari  of,  644. 

Stockwell,  Aaron,  first  person  born  in  Marl- 
borough, 97. 

Stockwell,  Abel,  397;  first  settler  of  Mari- 
borough,  97,99;  a  guide,  152;  an  inn-keep- 
er, 153;  resistance  to,  372. 

Stockwell,  Abel,  Jr.,  97. 

Stoddard,  Anthony,  14,  106, 108,  736. 

Stoddard,  Jacob,  759. 

Stoddard,  Col.  John,  15, 16, 17,  18,  24, 105,  670, 
736 ;  a  superintendent,  33,  87,  39 ;  his  death, 
46 ;  a  commissioner,  738. 

Stoddard,  Jonathan,  503,  759:  Jonathan,  Jr., 
75S 

Stone,  David,  114, 163, 168 ;  capture  of,  882. 

Stone,  David,  2d,  114. 

Stone,  Herman,  760. 

Stone,  Joel,  135. 

Stone,  Col.  Nathan,  114,  208,  651 ;  attempts  to 
stop  the  court  at  Windsor,  101 — 166;  his 
treatment  towards  John  Grout,  166 — 16S ; 
petition  of,  181,  182;  fined  for  defamation, 
831 ;  offices  held  by,  764,  765,  766. 

Stone,  Samuel,  162,  163,  168. 

Stone,  Seth,  760. 

Stone,  Thomas,  «23. 

Stone,  Zedekiah,  11.3,  114,  651,  764,  765. 

Story,  William,  107. 

Stoughton,  John,  a  justice,  765. 

Stouijliton,  Hon.  William,  785. 

Stowell,  Mr. ,  troops  at  the  house  of,  516, 

517,  619. 

Stowell,  Asa,  757. 

Stowell,  David,  772. 

Stowell,  Hezekiah,  206,317,868,  425;  letter  of, 
414;  a  justice,  4^41,  765;  petition  of,  507; 
grant  ot'lands  to,  545,  757,  758. 

Stowell,  Hugh,  5.32. 

Stowell,  Israel,  118. 

Stratton,  Lieut. ,  49. 

Slr:ittiiii,  .liihn,  his  punishment,  818. 

StruttoM,  l;uth,817. 

Strutton,  Samuel,  817. 

Strong.  IScnajah,  112. 

Stron-   K.lijjih,  112. 

Strong,  Klnathan,  148,  163,  163. 


Strong,  Joel,  97. 
Strong,  John,  257,  846,  562,  772. 
Strong,  Solomon,  112. 
Stuart,  Alexander,  316. 
Suekkeecoo,  17. 

Sullivan,  Mr. ,  621. 

Sumner,  Joel,  511. 

Sumner,  Jonathan,  a  justice,  769. 

Sumner,  Samuel,  738. 

Sumner,  Seth,  738. 

Sumner,  Thomas,  offices  held  by,  768, 769. 

Taft,  Dea. ,  96. 

Taplin,  John,  126, 160;  letter  of,  247;  offices 
held  by,  768,  769. 

Taplin,  John,  Jr.,  160 ;  a  sheriff,  769. 

Tappen,  Christopher,  296. 

Tarbell,  Jonathan,  291,  77L 

Taylor,  Abraham,  punishment  of,  582. 

Taylor,  Asa,  771. 

Taylor,  Isaac,  42. 

Taylor,  John,  100, 116,  274,  276,  286,  675,  739, 
142. 

Taylor,  Samuel,  a  coroner,  767. 

Taylor,  Thomas,  50;  his  description  of  a  route 
to  Canada,  51. 

Teall,  Oliver,  758. 

Temple,  Joseph,  anecdote  of,  234. 

Ten  Broeck,  Col.  Abraham,  607. 

Thare,  Jonathan,  74-3. 

Thatcher,  Samuel,  762. 

Thayer,  Jonathan,  60. 

Thayer,  William,  739. 

Thomas,  Isaiah,  712. 

Thomas,  John,  proposition  of,  608 :  John,  Jr., 
179. 

Thomlinson,  Capt.  John,  32. 

Th(mipson,  Hon.  Daniel  P.,  reference  to  his 
writings,  5S4,  636,  637,  674,  699. 

Thompson,  David,  120. 

Thompson,  Dea.  Hezekiah,  113. 

Thompson,  Joseph,  163,  168. 

Thompson,  Nathaniel,  659. 

Thompson,  Robert,  735. 

Thompson,  William,  120. 

Throop,  John,  a  side  judge,  840. 

Thurber,  David,  527 ;  fined,  521 ;  grant  lands 
to,  545,  757. 

Thurber,  David,  Jr.,  757,  759. 

Thurston,  Benj.amin,  163, 166. 

Thyhausilhau,  24. 

Tichenor,  Gov.  Isaac,  487,  602;  his  visit  of 
conciliation,  432,  4-33,  434,  435;  a  commis- 
sioner, 559. 

Tilden,  Charles,  wounded,  3S9,  390. 

Tisdale,  Abraham,  788. 

Tisdale,  Israel,  738. 

Tisdale,  John,  738. 

Tisdale,  Capt.  Joseph,  59,  788. 

Tisdale,  Joseph,  Jr.,  788. 

Tisdale,  Kul.h,  59. 

Tisdal.',  !?eth.  60. 

Titts,  John,  702. 

Tobe,  Eleazer,  759. 

Tolles,  Henry,  a  captain,  551. 

Tompkins,  .Jonathan  G.,  418. 

Townsend,  Henry,  700. 

Townsend,  Micah,  811.  359,  876.  401,  687,  709, 
71S,  724 ;  letters  of,  314,  820,  853—355,  869, 
871,379;  iiiforinalion  of,  319:  letters  to,  821, 
880;  i).Hp<Ts  entrusted  to,  836,  337;  arrested, 
341;  trial  of,  848,  344;  a  representative  in 
the  New  York  Assembly,  361,  367,  868,  76S ; 
biography  of,  700—706;  ofliees  held  by,  768, 
765,767. 

Townsend,  Rev.  Canon  Micaj.ah,  700;  remark 
of,  645 ;  letters  of,  650,  704,'  706. 

Townshend,  Lord,  11 6. 

Tracy,  Andrew,  a  captain,  550. 

Tracy,  Prince,  112. 

Tryon,  Gov.  Williain,  120. 1S4, 201, 226, 243.  631, 
692,695,696;  injudicious  graiits  by,  171, 172; 


INDEX   OF   PERSONS. 


197 


petitions  to,  175,  180,  181,  1S2 ;  address  to, 
18S;  burning  of  the  house  of,  607;  letters 
to,  652,  677,  725,  726 ;  letter  of,  678. 

Tucker,  Joseph,  6S7;  captures  and  is  cap- 
tured, 511—513. 

Tute,  Amos,  76,  149,  150;  petition  of,  507; 
biogi-aphy  of,  706 — 708 ;  a  coroner,  767. 

Tute,  Mrs.  Jemima,  her  epitaph,  76. 

Tute,  Jonathan,  his  epitaph,  706,  707. 

Twiohel,  Benjamin,  74. 

Twichel,  Daniel,  death  of,  74,  740. 

Trier,  Joseph,  101,  257,  771. 

TVler.  Rovall,  704;  biosraphy  of,  708—718. 

Tjier,  AViUiam  Clark,  708. 

Udall,  Oliver,  771. 
I'mpaumet,  17. 
Underwood,  Jonathan,  454. 
Underwood,  Timothy,  96. 
Upham,  "William,  257. 
Upton,  Clotworthy,  141. 
Usher,  John,  739.  743. 
Usher,  Uobert,  739,  743. 
Utley,  Caj.t. ,  166. 

Van  Cortlandt,  Pierre,  252. 

Vandenburgh,  Cornelius,  652. 

Van  Santvoord,  George,  574 

Van  Sehaak,  Peter,  762. 

Van  Vechten,  Abraham,  a  commissioner,  564 

Variek,  Richard,  a  commissioner,  558,  559. 

Vaudreuil,  Marquis  de,  20,  75,  92. 

Verplanck,  Gulian,  a  commissioner,  558,  559. 

Visscher,  Matthew,  760. 

"Wadsworth,  Benjamin,  18,  686. 

Wahwa,  5S6. 

■Wainwriirht.  John,  736. 

Wait,  Col.  Benjamin,  147,  148,  149,  151,  152, 

162,  163,  206,  24rt,  2G%  501.  507,  508.  516,  728, 

770,  772 ;   couniuinder  of  the  rangers,  299, 

800 ;  orders  to,  502,  651 ;  valuable  services 

of,  5iS,  549,  551 ;  wounded,  550. 
Wait,  Gad,  317. 

Wait.  Joseph,  162,  163,  164,  165, 166, 167,  651. 
TTalbridsre,  Col.  Ebenezer,  703 ;  his  regiment 

ordereil  out,  489,  440 ;  arrests  by,  444 
Wales,  Eleazer,  112. 
Walker,  Eliakim,  738. 
Walker,  Hussian.  229. 
Walker,  James,  736,  739 :  James,  Jr.,  789. 
Walker,  Nathan,  wounded  by  the  Indians, 

46.  47. 
Walker,  Reuben,  50. 
Walker,  Thomas,  punishment  of,  582. 
Wall,  Patrick,  notice  of,  629 ;  his  wile,  630, 681, 

632. 
Wallace,  .James,  757. 
Waller,  Daniel,  capture  of,  3S7. 
Wallis,  Thomas,  24;  a  commissioner,  733. 
Walsworth,  James,  Jr.,  778. 
Walton,  Gerard,  762. 
Walton,  Henry,  95. 
Walton,  William,  762. 
Walworth,  Daniel,  511. 
Ward,  Stephen,  419. 
Ware,  William,  739. 
Warner,  Daniel,  69. 
Warner,  Joshua,  69. 
Warner.  Mark,  690. 
Warner.  Seth.  23T,  829.  .'>96.  754:  formation  of 

the  retriment  of,  320,  822,  823,  324;  letter  of, 

729 
Warner,  William,  109,  6.34. 
Warren,  Capt.  Jonathan,  257,  444 
Warriner,  Samuel,  292,  819;   declaration  of, 

480 ;  a  coroner,  767. 
Washburn,  James,  60. 
W.o.shin'itcin,  George,  248,  281,  407,  408,  412, 

484,  5ti3.  601,  653,  662,  667,  60S,  701 ;  letters 

to,  851.  .352.  648,  649;   letters  of,  481,  728; 

eulogy  on,  66-3 — 665. 


Waters,  Capt.  Daniel,  his  exploits,  618,  622. 

Waters,  Oliver,  510,  528  ;  arrest  by,  506 ;  is 
captured  by  the  Yorkers,  511 ;  escape  and 
recapture  of,  512,  513,  515. 

Watson.  Brooke,  565,  762. 

Watson,  Ebenezer,  printer,  695. 

Watts,  John,  762. 

Watts,  Sanmel,  79. 

Wattson,  John,  a  justice,  765. 

Wattuukameeg.  17. 

Waunoouooseet,  17.- 

Wausaunia,  673. 

Weare,  Pres.  Meshech,  letter  of,  668. 

Webb,  Calvin,  notice  of,  229  ;  testimony  of, 
288,  234. 

Webb,  Jehiel,  75.3. 

Webb,  Joshua,  16-3,  198,  199,  206 ;  notice  of, 
229 

Webb,  Silas,  846. 

Webster,  Daniel,  669. 

Webster,  Capt,  Ebenezer,  669. 

Weld,  Isaac,  773  ;  trial  and  fine  of,  462,  453. 

Wells,  Henrv,  a  justice,  765. 

Wells,  Hubbell,  316. 

Wells,  John,  12,  758. 

Wells,  Jonathan,  17,  718. 

Wells,  Joseph,  757  ;  his  trial,  520  ;  his  ptinlflh- 
ment,  521. 

Wells,  Joshua,  40.  743. 

Wells,  Obadiah,  292,  297,  806,  759;  petition  of, 
552. 

Wells,  Oliver,  2.35. 

Wells.  Samuel,  104  175,  208,  218,  226,  245,  262, 
879, 604  644, 645,  676, 701,  704;  deposition  of 
181  ;  assigned  of  the  quorum,  184  ;  judge 
of  the  Inferior  court,  149  ;  favors  the  Deans, 
150 — 156 ;  his  conduct  approved  of,  157  ; 
supports  the  government  of  New  York,  161 
— 165  ;  allusion  to  his  size,  179  :  petition  of, 
181,  182  ;  elected  to  the  General  Assembly 
of  New  York,  188, 189,  60.5, 767  ;  instructions 
to,  204  ;  information  of,  236  ;  money  paid 
to,  238  ;  oflfer  of  355  :  conversation  of,  413  ; 
flight  of.  485,  503  ;  biography  of,  718—725  ; 
representation  of,  726;  examination  of;  749; 
offices  held  br.  768,  764,  765. 

Wentworth,  Gov.  Benuing,  61,  62,  68,  78, 142, 
169  ;  his  correspondence  relative  to  Fort 
Dummcr.  80 — 32  ;  grants  of  land  by,  98 — 
127,  524.  666.  679,  739 ;  disputes  arising  from 
his  grants.  128  ;  counter  proclamation  of, 
129.  145  ;  reserves  land  for  himself,  140,  678, 
743  ;  reserves  masting  trees,  144  ;  is  suc- 
ceeded in  office,  145. 

Wentworth,  Gov.  John,  743  ;  his  offices,  145, 
652 ;  applications  to,  146 ;  commences  a 
malicious  prosecution  for  cutting  masting 
timber.  147  ;  dislikes  the  residents  west  of 
Connecticut  river,  149  ;  correspondence  of, 
155— 15S. 

Wentworth,  Joshua,  an  attorney,  622. 

West,  Mr. .  330. 

West,  Elijah.  551. 

Weston,  Nathaniel,  551,  771. 

Wheat,  Samuel,  trial  of,  84.3,  344 

Wheat(Ui,  Capt. ,  616,  617. 

Wheeler,  Darius,  assault  by,  503 ;  arrest  ot, 
604 

Wheeler,  George.  120. 

Wheeler,  Harrison,  69,  70. 

Wheeler,  Capt.  Isaac,  444  515. 

Wheeler.  Jethro.  789.  748. 

Wheeler.  John,  assault  by,  608  ;  arrest  of,  604 

Wheelock.  John,  299. 

Wheelwright,  John,  79  ;  commissary-generalj 
46. 

Whipple.  Benjamin,  329. 

Whipple,  Daniel,  152, 175,  719,  766  ;  his  acts  as 
high  sherift",  lt>2  ;  is  resisted,  163  ;  bond  to, 
fi.'il ;  notice  of.  72.5,  756. 

Whipple.  Joseph,  757  ;  resistance  of,  439 ; 
trial  of.  449. 


798 


INDEX   OF   PERSONS. 


Whipple,  Mary,  726. 

Whipple,  Pollard,  a  jailer,  222. 

Whipple,  Thomas,  T59  ;  assault  by,  508 ;  arrest 
of,  504. 

Whiston,  Samuel,  163. 

Whitcomb,  Lieut. ,  robbery  by,  383. 

Whitcomb,  Benjamin,  a  justice,  769. 

Whitcomb,  John,  &48. 

White,  Mr. ,  wounded  at  the  Westminster 

massacre,  281. 

White,  Ebenezer,  126. 

White,  Henry,  157. 

White,  Joel,  120. 

White,  John,  14, 106,  lOT,  163,  T36. 

White,  Josiah,  342. 

White,  Lemuel,  380. 

White,  Marv,  125. 

White,  Noah,  125. 

White,  Hon.  P.,  96. 

White,  Col.  Thomas,  69. 

White,  William,  425,  426,  510,  T78  ;  deposition 
of,  529,  530  ;  examination  of,  536 ;  letter  of, 
533  ;  grant  of  lands  to,  545,  758. 

Whiting,  Benjamin,  a  deputy  surveyor-gene- 
ral, 146  ;  arrests  by,  147, 149  ;  his  journey  to 
New  York,  14S,  150 — 154  ;  a  justice,  765. 

Whiting,  Eev.  Samuel,  letter  to,  654. 

Whiting,  CoL  William,  735,  736. 

Whiting.  William  B.,  419. 

Whitmore,  Daniel,  743. 

Whitmore,  Capt.  Francis,  97,  206 ;  his  toils 
and  those  of  his  wife,  their  usefulness  and 
death,  98,  99. 

Whitney,  Capt.  Benjamin,  515,  772,  773;  trial 
of,  343,  344 ;  leads  an  attack,  517 ;  stationed 
at  Guilford,  521. 

Whitney,  Daniel,  757. 

Whitney,  Ezra,  punishment  of,  582. 

Whitney,  Job,  368. 

Whitney,  Jonathan,  111. 

Whitney,  Nathaniel,  511,  72S. 

Wibird,  Richard,  743, 

WIckham,  William,  724,  762. 

Wickwire,  Joseph,  519. 

Wiersbury,  Anthony,  19. 

Wilbore,  Joseph,  73S. 

Wilbore,  Stephen,  733. 

Wilcox,  Mr. ,  339. 

Wilkins,  Dr.  Isaac,  an  address  of,  607,  60S; 
referred  to,  609. 

Wilkins,  Capt.  Daniel,  415. 

Wilkins,  Daniel,  Jr.,  757. 

Willard,  Aaron,  771. 

Willard,  Bela,  trial  of,  343,  344. 

Willard,  Billy  or  Billey,  739,  743. 

Willard,  Henry,  726. 

Willard  Jonathan,  7.39,  743. 

Willard,  Joseph,  235,727;  his  family  captured, 
92 ;  trial  of,  343,  344. 

Willard,  Col.  Josiah,  31,  43,  49,54,789,  742; 
commander  of  Fort  Dummer,  26;  letter  of, 
27,  52 ;  nnder-commissary,  33 ;  engages  in  a 
skirmish  with  the  Indians,  36 ;  is  succeeded 
in  the  command  at  Fort  Dummer  and  re- 
stored, 37,  38,  40 ;  a  principal  proprietor  of 
Number  One,  61;  his  death,  62;  estate  of, 
724;  biography  of,  726. 

Willard,  Col.  Josiah,  Jr.,  61,  107,  789,  743; 
commander  at  Ashuelot,  44,  .52;  succeeds 
his  father  in  the  command  of  Fort  Dummer, 
62;  orders  to,  63;  gifts  by,  69.  70;  obtains  a 
renewal  of  the  charter  of  Westminster,  9.3, 
94;  a  proprietor  of  Brattleborough,  104; 
biography  of,  727. 

Willard,  Soc.  Josiah,  51,  79. 

Willard,  Miriam,  64. 

Willard,  Lieut.  Moses,  53,  64;  killed  by  the 
ln<lians,  83. 

Willard,  Nathan,  104,  742;  commander  at  Fort 
Dummer,  68 ;  letter  of,  78 ;  complaints 
against,  81,  82. 

Willard,  Nathan,  Jr.,  748. 


Willard,  Oliver,  82,  102,  116,  742;  deposition 
of,  131;  petition  of,  181,  1S2;  offices  held 
bv,  764,  765. 

Wiilard.  Prentice,  739,  743. 

Willard,  Eev.  Samuel,  726. 

Willard,  Maj.  Simon,  S,  726. 

Willard,  Solomon,  696,  739,  743. 

Willard,  Wilder,  82,  789,  748. 

Willard,  William,  69,  82,  202,  739, 742 ;  exami- 
nation by,  173;  imprisoned,  236;  incident 
concerninc,  753;  offices  held  by,  764,  765. 

Willard,  William,  Jr.,  743. 

William  and  Mary,  laws  of,  190, 193. 

Williams,  Aden,  429. 

Williams,  Gov.  Charles  K.,  754. 

Williams,  David,  316,  511. 

Williams,  Eev.  Eleazer,  10. 

Williams,  Elijah,  110;  a  commissary,  45,  68. 

Williams,  Elisha,  736. 

Williams,  Col.  Ephraim,  33,  68,  70,  672;  his 
death,  79 ;  founder  of  William's  college,  79. 

Williams,  Eunice,  11. 

Williams,  Col.  Israel,  15,  24, 49, 52,  89,  91,  807, 
670 ;  a  commissary,  33 ;  general  superin- 
tendent, 45;  letter  of,  62;  plan  of  defence 
by,  67;  surveys  a  military  road,  84,  86;  de- 
position of,  108;  a  commissioner,  738. 

Williams,  James,  429,  788. 

Williams,  Jesse,  a  quarter-master,  551. 

Williams,  John,  542. 

Williams,  Eev.  John,  10,  673;  his  sermon,  11. 

Williams,  Samuel,  2d,  738. 

Williams,  Simeon,  429. 

Williams,  Staltham,  762. 

Williams,  Col.  William,  38,  98,  198,  199,  282, 
247,  249.  255,  276,  287,  647,  770,  771 ;  petition 
of,  181,  182 ;  imprisoned,  236  ;  chosen  a 
delegate,  246,  250,  254,  767;  letter  Of,  298; 
statement  of,  874 ;  character,  of,  441 ;  his 
failure  to  make  an  arrest,  442 ;  biography  of, 
72S— 780;  a  justice,  765. 

Willi.ams,  Zipporah,  694. 

Willis.  Benjamin,  738. 

Willis,  Joseph,  738. 

Willson,  Benjamin,  opposes  the  laws  of  Ver- 
mont, 8.34 

Willson  or  Wilson,  Lucas,  257,  773  ;  trial  of, 
343  344. 

Wilson,  Peter,  96 

Wilson,  William,  789,  743. 

Winchester,  Joseph,  a  justice,  481,  765. 

Wise,  John,  230. 

Witherspoon,  Dr.  John,  700  ;  deputed  to  visit 
the  Grants.  350  ;  his  interview  with  Chit- 
tenden, 356  ;  report  of  358,  359. 

Wittnell,  Jeremiah,  738. 

Wood,  Silvanus,  550. 

Wood,  Stephen,  738. 

Woodhull,  Col.  Nathaniel,  a  patriot,  608. 

AVoods,  Joseph,  175. 

AVoodward,  Bezaleel,  earnest  appeal  of,  302. 

Woodward,  Robert,  788. 

Woodward,  Timothv,  511. 

Woolcot,  Mr. ,  735. 

Wooster,  Gen.  David,  petition  of,  132 ;  death 
of  595 

Wooster,  Timothy,  550. 

Worthington,  John,  692. 

Wray,  George,  762. 

Wright.  Amasa,  78. 

Wright,  Capt.  Azari.ah,  196,  281,  639,  772  ;  his 
patriotism,  219 ;  his  convers-ition  with  Judge 
Chandler,  220 ;  a  leader  at  the  Westminster 
massacre,  220,  224  ;  biography  of,  730—734 ; 
names  of  the  members  of  his  company,  762, 
753. 

Wright,  Azariah,  2d,  233. 

Wright,  Capt.  Benjamin,  19 :  Lieut,  771. 

Wright,  Bononi,  123  ;  his  punishment,  125. 

Wright,  Jonathan,  317,  818,  690. 

Wricht,  Medad,  135,  753  ;  trial  of  348,  344. 

Wright,  Moses,  101,  206,  773. 


INDEX   OF   PEKSONS.  799 

Wright,  Eenben,  his  conflict  with  the  Indiana,    i     Wythe,  George,  628. 


i'  V/ 


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